May 2015 Meeting Minutes

American Indian Education Oversight Committee Meeting

May 22, 2015

Present

Committee Members Present: Laura Lee George(Chair), Amber Machamer (Vice Chair), Irma Amaro, Deborah DeForge, Kathleen Marshall, Rachel McBride, André Cramblit (Parliamentarian)

Excused Absence: Rodney Lindsay, Russell “Butch” Murphy California Department of Education (CDE) Staff Present: Judy Delgado, Chavela Delp, Barbara Pomerantz Guests: Coleen Bruno, Rose Owens-West, Sam Cohen

Meeting convened at 10 a.m.

Laura Lee George—We need to amend the agenda slightly. I want to move Item 1 to later in the day either at the end of the day or before lunch depending on our presenters showing up. Can I have a motion?

Kathleen Marshall—I make a motion to move Item 1 till the end of the meeting. Irma Amaro seconded. All in favor.

Laura Lee George—The agenda is approved to move Item 1 to the end of the meeting.

Item 2―Assembly Bill 163 (Williams), Teaching Credential: American Indian Language-Culture Credential

Presented by Sam Cohen, Government Affairs and Legal Officer, Santa Ynez Band of Chumash Indians

Laura Lee George—Welcome.

Sam Cohen—Thank you very much. With me is Nakia Zavalla who is the Director of Cultural Programs, Santa Ynez Band of Chumash Indians. We have been working this year on Assembly Bill 163, authored by Das Williams, to extend the current single subject teaching credential for the teaching of American Indian languages to be extended to the teaching of American Indian culture. We have the support of the California Commission on Teacher Credentialing, California Teachers Association, State Superintendent of Public Instruction (SSPI) Tom Torlakson, and other tribes who support this bill. This bill has passed the California State Assembly without opposition and on consent and is scheduled to be heard in the California State Senate Education Committee sometime in the month of June 2015. I understand the limitations of the ability of the American Indian Education Oversight Committee (AIEOC) to make recommendations only to the SSPI. Therefore, we are asking for a recommendation to the SSPI to continue his support for AB 163 through the entire process, including a signature by the Governor. Thank you.

Laura Lee George—Discussion.

Laura Lee George—Let the record note that André Cramblit has arrived.

Laura Lee George—If there is no discussion, is there a motion to send a recommendation to the SSPI supporting AB 163?

Rachel McBride—I’ll make a motion to recommend to support AB 163.

Deborah DeForge seconded. All in favor.

Laura Lee George—The motion is approved unanimously; therefore, we will send a recommendation to the SSPI in support of AB 163.

Sam Cohen—Can I have one more item for your thoughts: the American Indian Education Center (AIEC) Program funding sunsets, and we need to get the funding renewed next year. We find that in doing bills before the Legislature, if you do a lot of work in the summer, it makes the bill go better when you introduce it in the new legislative session. We would like to invite any of the AIEOC members, or any other members of the education community to work with Santa Ynez Band of Chumash Indians, Kathleen Marshall, also Rachel McBride, and Irma Amaro over the summer so that we can get all the stakeholders on board for the renewal of AIEC funding, and we’ll have a piece of legislation to go as early as possible in the next legislative session. Thank you.

Item 1―CDE Updates

Presented by Judy Delgado, American Indian Education Consultant, CDE

Judy Delgado—Our next presenter isn’t here. So I can give you my update; however, I don’t have my handouts. A couple of things: the AIEC Program is getting ready to post the Continuing Application for the AIECs to complete for fiscal year (FY) 2015–16. Last year we had Ahmium Learning Center, Inc. close down; and they didn’t receive any funding for FY 2014–15, and they are no longer receiving funding. So we can have a discussion and recommendation on what to do with that funding for FY 2015–16.

Laura Lee George—Are they on the 2013–14 End-of-Year Reports list?

Judy Delgado—They are not on the list because they did not do any reporting and they are no longer funded.

Laura Lee George—Discussion.

André Cramblit—I would just like to say a couple of things. I am concerned that one of our oldest, if not the oldest, Centers has decided to return the funding. I am concerned that this is becoming a laborious grant for us to operate. It accounts for about 20 percent of our bookkeeper’s time and it’s probably about 1 percent of our budget. So I’d really like to see how this program is being operated for other Centers and talk to them about it. I’d like to request that we send a letter to Ernie Salgado, thanking him for his years of service and the work he’s done for the American Indian community.

Judy Delgado—I would just encourage you to speak to Mr. Salgado to find out the reason for his returning the funds and not jump to any conclusions.  

Rachel McBride—In the past if there have been extra funds, typically wasn’t it just distributed evenly amongst the Centers?

Judy Delgado—There are a couple of options. We could do that or we could hold another opportunity for a competitive Request for Applications (RFA) to get the funds out to another potential site.

Deborah DeForge—I hate to see those services lost to those students in that area, and I know that Soboba has the capability of taking over the services to those students.

Rachel McBride—I know one of the concerns for all the Center directors is having enough funds for running the programs. So I would personally like to see the funds distributed evenly to the existing Centers.

Laura Lee George—If there was an RFA put out and being as it is for this fiscal year, how does that work? Is it going to affect anything?

Judy Delgado—Yes, it would, because a decision hasn’t been made or there hasn’t been much discussion about it in the CDE, so it probably wouldn’t get released soon. So I can’t see the money being released before January 1, 2016, and the money would still need to be expended by September 30, 2016. And it would continue through the end of this current funding cycle.

Irma Amaro—My recommendation would be to let the funding go to the existing Centers, knowing that the opportunity to apply in that area would be in the next five-year funding cycle. Because if you put an RFA out there, then what happens to the Centers that are receiving less funding than a new Center? I think this is a way to give existing Centers additional funds to do a little bit within their community.

Laura Lee George—If funding did go to existing Centers, would that be for the five-year cycle?

Judy Delgado—That is a possibility. The Ahmium Learning Center’s allocation was $176,250.

Rachel McBride—So that’s more than what 14 Centers are receiving now.

André Cramblit—I did speak to Mr. Salgado about this. Isn’t it already in guidelines that the funding goes to the existing Centers?

Judy Delgado—No, it’s in the regulations that if money becomes available then we take a recommendation from the AIEOC; but ultimately, the decision belongs to the CDE.

Laura Lee George—Any public comment?

Rachel McBride—I would like to make a motion that we recommend to distribute the funds evenly amongst the existing Centers for the remaining five-year cycle. Kathleen Marshall seconded. 

Laura Lee George—It has been moved and seconded that we recommend that the funding from the closed Center be distributed evenly to the other Centers. Any further discussion? Deborah DeForge votes no. Amber Machamer abstains. The motion passes.

Judy Delgado—Update on the 2013–14 End-of-Year Report. The submitted reports had a lot of mistakes. I have contacted each Center to make recommendations and some Centers are still working on cleaning up their data. We want to get these numbers as clean as possible because this information will be going into a report that will be going to the State Legislature. We want to show that the students are participating in our programs and that it is a positive outcome. Any questions?

Laura Lee George—I think it’s good that we have data and I encourage Centers to get their information in so that it can be a very positive report going forward for budgeting.

André Cramblit—I wasn’t referring to staff, I was referring to the problems that I see happening at the administrative and the department level.

Item 3―Presentation on the Bagley-Keene Act

Presented by Paul Lacy, Attorney, CDE

Judy Delgado—Paul Lacy is here and he is going to present on the Bagley-Keene Act.

Paul Lacy—(Gave his presentation on the Bagley-Keene Act). The Bagley-Keene Open Meeting Act (“the Bagley-Keene Act”), set forth in Government Code sections 11120–111321, covers all state boards and commissions. Generally, it requires these bodies to publicly notice their meetings, prepare agendas, accept public testimony and conduct their meetings in public unless specifically authorized by the Act to meet in closed session. (For more information, see the California Department of Justice, Office of the Attorney General Publication A Handy Guide to the Bagley-Keene Open Meeting Act 2004 (PDF) https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/bagleykeene2004_ada.pdf.

Item 4―Foster Youth Services Program

Presented by Lisa Guillen, Education Programs Consultant, CDE

Laura Lee George—The next item is Foster Youth Services (FYS): the presenter is Lisa Guillen.

Lisa Guillen—(Gave her presentation on the FYS Program). FYS programs are grant programs for each county office of education and selected school districts to increase interagency support for foster youth. FYS programs provide support services to foster children who suffer the traumatic effects of displacement from family and schools and multiple placements in foster care. FYS programs have the ability and authority to ensure that health and school records are obtained to establish appropriate placements and coordinate instruction, counseling, tutoring, mentoring, vocational training, emancipation services, training for independent living, and other related services. FYS programs increase the stability of placements for foster children and youth. These services are designed to improve the children's educational performance and personal achievement, directly benefiting them as well as providing long-range cost savings to the state. (For more information, see Foster Youth Services.)

Item 7—Region IX Equity Assistance Center Update

Presented by Rose Owens-West, Region IX Equity Assistance Center

Laura Lee George—Our next presenter is Rose Owens-West, Region IX Equity Assistance Center update.

Rose Owens-West—On Wednesday, May 27, 2015, we will be cohosting a Webinar on Restorative Practices. If you are not able to participate in the live Webinar, all of our Webinars are archived so you can go back and listen at your own convenience. I encourage you to visit the U.S. Department of Education, Office of Indian Education’s Web site and look at the archived Webinars that are available. The Office of Indian Education is seeking field readers to review grant applications. You have to submit your resume to be approved as a grant reader, and your resume must be submitted by May 29, 2015. The Native Youth Community Partnerships (NYCP) Competition was officially announced on April 29, 2015. The final regulations for Indian Education Discretionary Programs were published April 22, 2015.

Laura Lee George—We will break for lunch until 1 p.m.

Item 11―Committee Business

Discussion led by Laura Lee George, Chair

Laura Lee George—We need to approve the January 13, 2014, meeting minutes. Is there a motion to approve the minutes?

André Cramblit—I move to approve the January 13, 2014, meeting minutes.

Irma Amaro seconded. Amber Machamer, Kathleen Marshall, and Rachel McBride abstained.

Laura Lee George—The January 13, 2014, meeting minutes are approved. I believe there were two meetings in which there was not a quorum. So should there be some sort of notice that the AIEOC did meet but that there was no quorum?

Judy Delgado—I asked our attorney and I was told that since there was no quorum, there was no meeting.

Laura Lee George—So we spent all of our money coming down here for no reason?

Judy Delgado—I try to get a count of who is going to be attending before each meeting.

Laura Lee George—Okay. So our next order of business under Committee Business is Officer nominations and elections. Our Officers are the Chair and Vice Chair so I am going to open nominations for Chair, but I am also going to say that if I am appointed, I am not going to accept.

Deborah DeForge—I nominate Amber Machamer.

Rachel McBride—I nominate Irma Amaro.

Amber Machamer—I am unable to accept at this time, given my new work situation.

Laura Lee George—Are there any other nominations?

Deborah DeForge—I want to nominate André Cramblit.

Laura Lee George—So Irma Amaro and André Cramblit have been nominated for Chair. Is there a motion to close nominations for Chair?

Kathleen Marshall—I make a motion to close nominations for Chair. André Cramblit seconded. All in favor.

Laura Lee George—Nominations for Chair are closed. I will do roll call to vote, and you will need to tell me who you are voting for.  

Irma Amaro—I vote for myself.

André Cramblit—I vote for Irma Amaro.

Deborah DeForge—I vote for André Cramblit.

Amber Machamer—I vote for André Cramblit.

Kathleen Marshall—I vote for Irma Amaro.

Rachel McBride—I vote for Irma Amaro.

Laura Lee George—I will go with the majority and vote for Irma Amaro, so Irma Amaro is the new Chair.

Laura Lee George—Nominations are open for Vice Chair.

Irma Amaro—I would like to nominate Rachel McBride.

Deborah DeForge—I nominate Amber Machamer.

Laura Lee George—Rachel McBride and Amber Machamer have been nominated for Vice Chair. Can I have a motion to close nominations for Vice Chair?

Kathleen Marshall—I make a motion to close nominations for Vice Chair. Irma Amaro seconded. All in favor.

Laura Lee George—Nominations for Vice Chair are closed. I will do roll call to vote and you will need to tell me who you are voting for.

Irma Amaro—I vote for Rachel McBride.

André Cramblit—I abstain.  

Deborah DeForge—I vote for Amber Machamer.

Amber Machamer—I vote for Rachel McBride.

Kathleen Marshall—I vote for Rachel McBride.

Rachel McBride—I vote for Amber Machamer.

Laura Lee George—I will go with the majority and vote for Rachel McBride, so Rachel McBride is Vice Chair. Irma Amaro, is the new Chair, so we can switch spots.

André Cramblit—I would like to take this opportunity to thank Laura Lee George for many years of good service.

Irma Amaro—I would like to appoint André Cramblit to continue on with the Parliamentarian duties.

André Cramblit—I accept.

Item 6―History Social Science Framework Timeline and Adoption

Presented by Tom Adams, Director, Curriculum Frameworks and Instructional Resources Division

Irma Amaro—Our next presenter is Tom Adams.

Tom Adams—(Gave an update on the timeline for the History Social Science Framework adoption). If you have any comments/edits, please e-mail them to us by July 2015. The CDE will be reviewing all comments/edits on October 9, 2015. A new version of the framework will be created with all the comments/edits and it will be put out for a second 60‑day comment period, with the anticipating State Board of Education action in May 2016. 

Irma Amaro—Is there any public comment on Tom’s presentation on curriculum?

Coleen Holbrook—I was on the CDE’s Web site reviewing Smarter Balance, and there is an area that is called Digital Library and I guess it’s what the teachers are using in collaboration with each other for assessments. It requires one to log in as a teacher, so is there any way that Judy Delgado can check and see if Center directors can be a part of this?

Judy Delgado—This was brought up at the presentation during the directors meeting, so I will follow up with them.

Irma Amaro—Let’s take a five-minute break.

Item 8―The American Indian Early Childhood Education Programs

Presented by Maria Amor, Associate Governmental Programs Analyst, CDE

Judy Delgado—Our next presenters for the American Indian Early Childhood Education (AIECE) Programs are here.

Maria Amor, Shellie MacColl, and Lupe Romo-Zendejas—(Gave an overview of the AIECE Program.)

Irma Amaro—I would just like to make a comment that this has been a topic of discussion that we’ve been wanting to merge both programs together and to get an office of Indian Education at the CDE. Maybe we need to write another advisory to make that happen.

Rachel McBride—We just want to make sure that we reference the advisories that we’ve already submitted. So if it needs to happen again, then we should submit another advisory.

Judy Delgado—It has to do with the lack of funding for our programs. Because there are no line items for the CDE for Indian education, the money that supports staff is General Funding. So all the funding in the budget goes out to the field.

Item 5―Title VII 506 Definitions

Presented by Nicholas Mazanec, Directing Attorney, California Indian Legal Services

Judy Delgado—Our next presenter is Nicholas Mazanec.

Nicholas Mazanec—An increasingly narrow definition of “Indian” is being used by auditors for Title VII programs. The evidence to demonstrate eligibility, as found on Form 506, is rather ambiguous with no clear interpretive guidelines. As a result of the overly-restrictive interpretation, contravening both the language and spirit of the statute, more Indian students are disqualified which results in a loss of funding under Title VII and a concomitant reduction in available culturally appropriate educational services to Indian students.

The other item that I have is that school districts have increasingly taken a “no tolerance” policy to any modification to the cap and gown for graduation. Many Indian students wish to honor their family, tribe, culture, and spiritual beliefs by wearing objects of significance at commencement ceremonies, including feathers and other regalia. Yet these students are given a stark choice at the last minute—they will not be allowed to participate in the commencement ceremony if they wear regalia or feathers. An amendment to the California Education Code would provide clarity on the issue for both the school districts and students, and prevent the last-minute surprises to all involved.

Item 9―California Longitudinal Pupil Achievement Data System

Presented by Randy Bonnell, Education Research and Evaluation Administrator, CDE

Judy Delgado—Our next presenter is Randy Bonnell.

Randy Bonnell—(Gave an update on the issues related to identifying American Indian and Alaska Native students.)

Item 10―Public Comment

Laura Lee George—Are there any general public comments?

Item 11―Committee Business (discussion continued from earlier in meeting)

Discussion led by Irma Amaro, new Chair

Irma Amaro—We need to set our calendar for the upcoming year.

Judy Delgado—We have this room booked for August 17, 2015.

Irma Amaro—Okay then let’s look at November 6, 2015, or November 13, 2015; and February 19, 2016, or February 26, 2016.

Irma Amaro—Asked for a motion to adjourn the meeting. Rachel McBride moved to adjourn the meeting. Kathleen Marshall seconded. All in favor.

The meeting adjourned at 5 p.m.