SENATE BILL REPORT
SB 5269
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported By Senate Committee On:
Early Learning & K-12 Education, February 12, 2007
Title: An act relating to establishing the first peoples' language and culture teacher certification program.
Brief Description: Establishing the first peoples' language and culture teacher certification program.
Sponsors: Senators McAuliffe, Delvin, Kauffman, Roach, Franklin, Rasmussen, Kohl-Welles, Sheldon, Marr, Murray, Oemig, Jacobsen, Rockefeller, Shin and Kilmer.
Brief History:
Committee Activity: Early Learning & K-12 Education: 1/22/07, 2/12/07 [DPS].
SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION
Majority Report: That Substitute Senate Bill No. 5269 be substituted therefor, and the substitute bill do pass.Signed by Senators McAuliffe, Chair; Tom, Vice Chair; Holmquist, Ranking Minority Member; Clements, Eide, Hobbs, Kauffman, Oemig, Rasmussen and Weinstein.
Staff: Susan Mielke (786-7422)
Background: In 2003, the Washington State Board of Education (SBE) adopted a rule
establishing a three-year First Peoples' Language/Culture Certification pilot program. SBE's
stated purpose for establishing the program included contributing to the preservation, recovery,
revitalization, and promotion of First Peoples' languages and providing the opportunity for tribal
children to learn and share their language at a public school.
In 2005, the Legislature passed legislation transferring authority for educator preparation and
certification from SBE to the Professional Educator Standards Board (PESB). The First Peoples'
Language/Culture Certification pilot program was to conclude at the end of the 2005-06 school
year. However, in May 2006, the PESB provided a one-year extension of the First Peoples'
Language/Culture Certification pilot program. At the January 2007 meeting of PESB, PESB
voted to make the pilot program a permanent program.
To date, 11 tribal governments have participated in the pilot program. Twenty First Peoples'
Language/Culture teacher certificates were awarded addressing eight different tribal languages.
Summary of Bill: The Washington State First Peoples' Language/Culture pilot program is
expanded to include history and is established as a program in statute.
PESB will adopt rules to implement the program in collaboration with tribal governments that
choose to participate. Participating tribal governments may certify individuals who meet a tribe's
criteria for First Peoples' language, culture, and history teacher certification. The tribal
government will then send the necessary information for a state certificate for the individual to
PESB so that PESB may issue a state certificate. The tribal government will review the award
of the certificate every five years and notify PESB if the tribal government modifies or revokes
the state certification, which is valid unless modified or revoked by the tribal government.
Teaching certificates awarded under the pilot language/culture program remain valid.
Individuals with this certification meet the federal definition of a "highly qualified teacher"
requirements of the federal No Child Left Behind act when teaching First Peoples' language,
culture, and history, if the federal Department of Education grants approval of the program for
that purpose.
Schools and school districts are encouraged to contract with tribal governments and the First
People's language, culture and history certification programs for approved in-service training and
continuing education in the culture and history appropriate for their geographic area.
EFFECT OF CHANGES MADE BY RECOMMENDED SUBSTITUTE AS PASSED
COMMITTEE (Early Learning & K-12 Education): A reference to the 2004 Accord is added
to the intent language. The phrase "whose traditional lands and territories lie within the borders
of the state of Washington" is added when describing the participating sovereign tribal
governments in this program. The scope of the certification is narrowed to include language and
culture but not history.
The participating sovereign tribal governments must conduct a records check through the tribal
police departments prior to awarding the certification to an individual and are required to provide
any information acquired to the PESB. It is clarified that the documentation sent by the sovereign
tribal government to the PESB must include the information that is necessary for the individual
to have a record check through the state patrol and the Federal Bureau of Investigation. The
Superintendent of Public Instruction is authorized to suspend or revoke these teaching certificates
using the authority and criteria already established for other teaching certificates.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: Our Native American kids are least likely to
graduate from high school or go to college. This program will help our kids have an identity and
provide relevancy. It will allow us to expose children to native values and philosophy. We are
appropriately turning to the tribes for help. The tribes are the content experts and that is why the
tribes establish the criteria to get this certification. Students would rather learn the language of
family instead of some foreign language. Too many of our people are a product of the boarding
schools where they were not allowed to participate in their native culture; they were forced to
assimilate and not allowed to speak their own language. Many of our languages have disappeared
and we need to act so that our languages do not die. This establishes a platform for new speakers
of our language. It will help the tribes to reclaim their language, culture and history.
OTHER: The Professional Educators Standards Board did approve the pilot program for First
People's Language/Culture teacher certification as a permanent program at the January 2007
meeting.
Persons Testifying: PRO: Joran Laville, Lummi Tribe; Linda James, Education Opportunity
Caucus; Lee Adolph, Colville Tribes; Bob Cooper, Washington Association of Colleges of
Teacher Education; Lucinda Young, Washington Education Association; George Scarola, League
of Education Voters.
OTHER: Nasue Nishida, Professional Educator Standards Board.