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F I S C A L I M P A C T R E P O R T

SPONSOR HEC

DATE TYPED 03/17/05 HB CS/115/aHEC/aSEC

SHORT TITLE Native American Bilingual School Programs

SB

ANALYST Hanika-Ortiz

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$0.1

Recurring General Fund

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Education Department (PED)

SUMMARY

Synopsis of SEC Amendment

Senate Education Committee amendment to House Education Committee Substitute for House

Bill 115 amends the legislation by removing the appropriation as follows:

•

On page 4, lines 4 and 5: strike the language “or other physical activity”.

•

On page 4, line 9: strike the word “and” and in lieu thereof insert the following

new paragraph:

“(7) one-half unit in New Mexico history for students entering the ninth

grade beginning in the 2005-2006 school year; and”.

•

On page 4, line 10: strike the language “(7)” and insert in lieu thereof “(8)” and

strike “eight” and insert in lieu thereof “seven and one-half”.

Senate Education Committee amendment to House Education Committee Substitute for House

Bill 115 adds no appropriation to the legislation.

House Bill CS/115/aHEC/aSEC -- Page 2

Synopsis of Substitute Bill

HB115/HECS/aHEC amends the Public School Code to require Native American language pro-

grams to be offered as electives at the high school level in school districts that employ school

personnel with a Native American language license endorsement or a Native American Lan-

guage and Culture Certificate; to require that the content and performance standards for the Na-

tive American language elective be developed pursuant to the Indian Education Act; and to re-

quire PED to establish a license endorsement in native American languages by July 1, 2006.

Significant Issues

Students will receive credit for Native American language elective courses. A teaching license

endorsement in Native American Language by the PED will be created by July 1, 2006. One or

more Native American language electives will be available toward the high school graduation

requirements in school districts that employ licensed school employees with endorsements for

Native American language or persons who hold Native American language and culture certifi-

cates.

PERFORMANCE IMPLICATIONS

When the Native American Language Act (NALA ) in1990 was passed, only three states,

Hawaii, Minnesota, and Wisconsin, had express provisions in their laws regarding Native

language in curricula or the certification of teachers of Native languages. Within ten

years after NALA 1990’s passage, sixteen states have addressed Native language curric-

ula and teacher certification in their laws. Of these sixteen states, twelve involve tribes

either directly or indirectly, in the process of certifying, licensing, or endorsing the teach-

ers of Native languages in the state public schools.

FISCAL IMPLICATIONS

Additional program costs for preparation in teaching indigenous languages, developing instruc-

tional curricula and strategies that support diverse cultural needs and lifestyles, learning materi-

als, and bilingual narratives and tapes will be needed. There may also be additional costs to sup-

port students in learning unwritten languages.

ADMINISTRATIVE IMPLICATIONS

HB 115/HECS/aHEC requires that local school district boards that employ licensed school em-

ployees with endorsements for Native American language or persons who hold Native American

language and culture certificates, offer language programs other than English as elective course

offerings in the high school curriculum.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

According to PED, the bill relates to the Indian Education Act of 2003. The PED currently has a

Modern, Classical and Native American licensure endorsement.

House Bill CS/115/aHEC/aSEC -- Page 3

ALTERNATIVES

The PED will fully implement the Native Language and Culture certification process that is cur-

rently established within the educational system.

TECHNICAL ISSUES

It is unclear how this law may affect a tribe or pueblo that decides they want their language

taught at home and not in the schools.

SUBSTANTIAL ISSUES

Some Native American languages are unwritten and most of the fluent speakers are elderly, and

they are not being replaced with new speakers as they pass on. Exposing children to endangered

language discussions and preservation issues may be beneficial as it may help prepare them for

college courses in anthropology, linguistics and other related fields.

As many as half of the estimated 6,000 languages spoken on earth are spoken only by adults who

no longer teach them to the next generation. An additional 50 percent may soon be threatened

because the number of children learning them is declining measurably. Children can learn a lot

from discussing these issues as to what causes language decline and extinction, can the process

be reversed, and why should we concern ourselves with this problem.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The current system of providing bilingual education will remain in place.

RS/yr:lg