Native Culture, Language, and Access for Success in Schools Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to facilitate the inclusion of Indian tribes in the school improvement process.
Establishes an Indian School Turn Around grant program to assist tribes in implementing transformation, restart, or turnaround school intervention models at low-performing Indian schools.
Requires states to develop standards-based assessments and classroom lessons that accommodate diverse learning styles.
Excepts Native language teachers from the requirement that teachers be highly qualified. Requires states to develop alternative licensure or certification requirements for those teachers.
Amends part D (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk) of title I of the ESEA to facilitate the participation of Indian tribes in part D programs.
Establishes: (1) an Indian Children and Youth At-Risk Education grant program to assist tribes in providing education and other services to Indian youth in correctional facilities, and (2) a grant program to assist tribes in providing educational alternatives for Indian youth who have been sentenced to incarceration or juvenile detention.
Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to enhance teacher and principal training and recruiting for Indian schools.
Establishes an Indian Educator Scholarship program for Indians who are studying to be elementary or secondary school teachers and agree to serve in an Indian school or public school serving a significant number of Indian students.
Includes Indian schools in the program to recruit and train mathematics and science teachers under part B and in the Troops-to-Teachers program under part C of title II.
Amends title III (Language Instruction for Limited English Proficient and Immigrant Students) of the ESEA to require the Secretary of Education (Secretary) to award grants to Indian and educational organizations for Native American language programs.
Authorizes tribes to enter into agreements with states to assume state responsibilities and receive a portion of their funding for administering and implementing specified education programs on tribal lands.
Requires the Secretary to establish a Safe and Healthy Schools for Native American Students program under title IV (21st Century Schools) of the ESEA.
Amends part A (Indian Education) of title VII (Indian, Native Hawaiian, and Alaska Native Education) of the ESEA to facilitate the participation of Indian tribes in Indian elementary and secondary education grant programs and fund Native American Language programs.
Authorizes tribes to enter into a cooperative agreement with a state or local educational agency (LEA) to assume the role of the state or LEA with respect to schools on Indian land.
Establishes the Tribal Education Agency Pilot Project that provides selected Indian tribes with federal funding, and allows them to administer all state functions authorized under the ESEA, for Indian schools, or schools on Indian lands or serving Indian students.
Establishes a program awarding grants to LEAs, institutions of higher education (IHEs), or nonprofit organizations to create or expand teacher and administrator pipelines for teachers and administrators of Native American students.
Establishes the National Board Certification Incentive Demonstration program to cover the costs teachers of Indians incur in obtaining such certification and boost their compensation.
Establishes the Tribal Language Immersion Schools program to assist elementary and secondary schools and Tribal Colleges or Universities in using an American Indian, Alaska Native, or Native Hawaiian language as the primary language of instruction at the schools.
Establishes a grant program to improve the collection, coordination, and electronic exchange of Indian student records between states, LEAs, and Indian schools.
Reauthorizes appropriations under part A through FY2017.
Amends the Impact Aid program to require the Secretary to complete Impact Aid payments to eligible LEAs that claim children residing on Indian lands within three fiscal years of their appropriation.
Considers teachers of Native American language, history, or culture in a state or any Indian school to be highly qualified for purposes of the ESEA if they are certified by a tribe as highly qualified to teach those subjects.
Gives Indian schools the same eligibility and consideration for any competitive program under the ESEA as LEAs are given.
Requires all ESEA public school assistance programs to reserve 1% of their funding to provide Indian schools with the technical expertise and capacity to compete for such assistance.
Amends the American Recovery and Reinvestment Act of 2009 to require the Secretary to reserve for Indian schools a portion of the amounts appropriated for the State Incentive Grants and Innovation Fund programs. Requires states to ensure that high-quality early learning services are provided to Indian children.
Amends the Internal Revenue Code to exclude certain educational benefits provided to members of Indian tribes from gross income.
Amends the Education Amendments of 1978 to require the Secretary of the Interior to establish the Tribal Education Policy Advisory Group.
Amends the Indian Self-Determination and Education Assistance Act to require the Secretary of the Interior to establish a qualified school construction bond escrow account.
Amends the Equity in Educational Land-Grant Status Act of 1994 to make Keweenaw Bay Ojibwa Community College a 1994 Land Grant Institution.
Amends the Workforce Investment Act of 1998 to establish an American Indian Tribal College or University Adult Education and Family Literacy program.
Directs the Secretary to: (1) expand programs for Native American school children that support learning in their Native language and culture and provide English language instruction, and (2) conduct research on culture- and language-based education.
Directs the Secretary of the Interior to establish: (1) a grant program to assist Native Americans in ensuring the survival and continuing vitality of Native American languages, and (2) an in-school facility innovation program contest to encourage IHEs to solve the problem of how to improve Indian school facilities for problem-based learning.
Requires the Secretary and the Secretary of the Interior to establish a Department of the Interior and Department of Education Joint Oversight Board to coordinate Indian education policies and assistance.
Directs the Government Accountability Office (GAO) to study the feasibility of transferring the Bureau of Indian Education from the Department of the Interior to the Department of Education.
Requires the Secretary of Education to study the feasibility of entering into self-governance compacts and contracts with Indian tribal governments that wish to operate public schools on their lands.
Establishes the Center for Indigenous Excellence to support the development and demonstration of Native American language and culture-based education.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3569 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3569
To improve Indian education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 6, 2011
Mr. Baca introduced the following bill; which was referred to the
Committee on Education and the Workforce, and in addition to the
Committees on Ways and Means and Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To improve Indian education, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native Culture,
Language, and Access for Success in Schools Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
Subtitle A--Improving the Academic Achievement of the Disadvantaged
Sec. 111. Improving the education of students.
Sec. 112. Standards-based assessments.
Sec. 113. Native language teaching.
Sec. 114. Prevention and intervention programs for children and youth
who are neglected, delinquent, or at-risk.
Subtitle B--Preparing, Training, and Recruiting High-Quality Teachers
and Principals
Sec. 121. Preparing, training, and recruiting high-quality teachers and
principals.
Subtitle C--Native American Languages Programs
Sec. 131. Improvement of academic success of Indian students through
Native American languages programs.
Sec. 132. State and tribal education agency agreements.
Subtitle D--21st Century Schools
Sec. 141. Safe and healthy schools for Native American students.
Subtitle E--Indian, Native Hawaiian, and Alaska Native Education
Sec. 151. Purpose.
Sec. 152. Purpose of formula grants.
Sec. 153. Grants to local educational agencies and tribes.
Sec. 154. Amount of grants.
Sec. 155. Applications.
Sec. 156. Authorized services and activities.
Sec. 157. Student eligibility forms.
Sec. 158. Technical assistance.
Sec. 159. Amendments relating to tribal colleges and universities.
Sec. 160. Tribal educational agency cooperative agreements.
Sec. 161. Tribal education agencies pilot project.
Sec. 162. Improve support for teachers and administrators of Native
American students.
Sec. 163. National board certification incentive demonstration program.
Sec. 164. Tribal language immersion schools.
Sec. 165. Coordination of Indian student information.
Sec. 166. Authorization of appropriations.
Subtitle F--Impact Aid
Sec. 171. Impact aid.
Subtitle G--General Provisions
Sec. 181. Highly qualified definition.
Sec. 182. Applicability of ESEA to Bureau of Indian Education schools.
Sec. 183. Increased access to resources for tribal schools, schools
served by the Bureau of Indian Education,
and Native American students.
TITLE II--AMENDMENTS TO OTHER LAWS
Sec. 201. Amendments to the American Recovery and Reinvestment Act of
2009 to provide funding for Indian
programs.
Sec. 202. Qualified scholarships for education and cultural benefits.
Sec. 203. Tribal Education Policy Advisory Group.
Sec. 204. Division of budget analysis.
Sec. 205. Qualified school construction bond escrow account.
Sec. 206. Equity in Educational Land-Grant Status Act of 1994.
Sec. 207. Workforce Investment Act of 1998.
Sec. 208. Technical amendments to Tribally Controlled Schools Act of
1988.
TITLE III--ADDITIONAL EDUCATION PROVISIONS
Sec. 301. Native American student support.
Sec. 302. Ensuring the survival and continuing vitality of Native
American languages.
Sec. 303. In-school facility innovation program contest.
Sec. 304. Retrocession or reassumption of certain school funds.
Sec. 305. Department of the Interior and Department of Education Joint
Oversight Board.
Sec. 306. Feasibility study to transfer the Bureau of Indian Education
to the Department of Education.
Sec. 307. Tribal self-governance feasibility study.
Sec. 308. Establishment of Center for Indigenous Excellence.
TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
Subtitle A--Improving the Academic Achievement of the Disadvantaged
SEC. 111. IMPROVING THE EDUCATION OF STUDENTS.
Part A of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) is amended--
(1) in section 1111--
(A) in subsection (a), by inserting
``representatives of Indian tribes located in the
State,'' after ``other staff,'';
(B) in subsection (b)(8), by striking
``1112(c)(1)(D)'' and inserting ``1112(c)(1)(E)'';
(C) in subsection (c)--
(i) in paragraph (13), by striking ``and'';
(ii) in paragraph (14), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(15) the State educational agency has engaged in timely
and meaningful consultation with representatives of Indian
tribes located in the State in the development of the State
plan to serve local educational agencies under the State's
jurisdiction, in order to--
``(A) improve the coordination of activities under
this Act;
``(B) meet the purpose of this title; and
``(C) meet the unique cultural, language, and
educational needs of Indian students.''; and
(D) in subsection (m), by adding at the end the
following:
``(4) If such school has been approved, in accordance with
section 1116(g), for use of an alternative definition of
adequate yearly progress, the school may adopt an appropriate
assessment that--
``(A) is developed in consultation with, and with
the approval of, the Secretary of the Interior; and
``(B) is consistent with the requirements of this
section.'';
(2) in section 1112--
(A) in subsection (b)(1)--
(i) by redesignating subparagraphs (F)
through (Q) as subparagraphs (G) through (R),
respectively; and
(ii) by inserting after subparagraph (E),
the following:
``(F) a description of the procedure that the local
educational agency will use to engage in timely,
ongoing, and meaningful consultation with
representatives of Indian tribes located in the area
served by the local education agency in the development
of the local plan, in order to--
``(i) improve the coordination of
activities under this Act;
``(ii) meet the purpose of this title; and
``(iii) meet the unique cultural, language,
and educational needs of Indian students;'';
(B) in subsection (c)(1)--
(i) by redesignating subparagraphs (D)
through (O) as subparagraphs (E) through (P),
respectively; and
(ii) by inserting after subparagraph (C),
the following:
``(D) engage in timely and meaningful consultation
with representatives of Indian tribes located in the
area served by the local education agency;''; and
(C) in subsection (d)(1), by striking ``and other
appropriate school personnel,'' and inserting ``other
appropriate school personnel, representatives of Indian
tribes located in the area served by the local
educational agency,'';
(3) in section 1115(b)(2)(A), by inserting ``, Indian
children,'' after ``migrant children'';
(4) in section 1116--
(A) in subsection (b)(3)(A)--
(i) in the matter preceding clause (i), by
inserting ``representatives of Indian tribes
located in the area served by the school,''
after ``school staff,'';
(ii) in clause (ix), by striking ``and''
after the semicolon;
(iii) in clause (x), by striking the period
at the end; and
(iv) by adding at the end the following:
``(xi) provide an assurance that, if the
school receives funds described in title VII,
the school will continue to direct such funds
to the activities described in title VII.'';
(B) in subsection (c)(7)(A)--
(i) in the matter preceding clause (i), by
inserting ``representatives of Indian tribes
located in the area served by the local
education agency,'' after ``school staff,'';
(ii) in clause (vii), by striking ``and''
after the semicolon;
(iii) in clause (viii), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(ix) incorporate, as appropriate,
activities that meet the unique cultural,
language, and educational needs of Indian
students eligible to be served under title VII
of this Act.'';
(C) in subsection (g)(1)--
(i) in subparagraph (B)--
(I) by striking ``The tribal
governing body or'' and inserting ``An
Indian tribe,'';
(II) by inserting ``, or consortium
of such entities'' after ``Bureau of
Indian Affairs'';
(III) by striking ``body or school
board'' and inserting ``Indian tribe,
school board, or consortium of such
entities''; and
(IV) by inserting ``of the
Interior'' after ``such alternative
definition unless the Secretary'';
(ii) in subparagraph (C), by striking ``a
tribal governing body or school board of a
school funded by the Bureau of Indian Affairs''
and inserting ``an Indian tribe, school board
of a school funded by the Bureau of Indian
Affairs, or consortium of such entities''; and
(iii) by adding at the end the following:
``(D) Deemed approval.--A proposed alternative
definition of adequate yearly progress submitted
pursuant to subparagraph (B) shall be deemed to be
approved by the Secretary of the Interior unless the
Secretary of the Interior issues the notification set
forth in subparagraph (E) prior to the expiration of
the 30-day period beginning on the date on which the
Secretary of the Interior received the proposed
alternative definition of adequate yearly progress.
``(E) Notification.--If the Secretary of the
Interior finds that the application is not in
compliance, in whole or in part, with this subpart, the
Secretary of the Interior shall--
``(i) notify the entity or entities
described in subparagraph (B) of the finding of
noncompliance and, in such notification,
shall--
``(I) cite the specific provisions
in the application that are not in
compliance;
``(II) provide an explanation of
the basis of the non-compliance;
``(III) request additional
information only as to the noncompliant
provisions needed to make the proposal
compliant;
``(IV) provide a description of the
steps that the entity or entities need
to take to make the application
compliant; and
``(V) provide assistance to
overcome the finding of noncompliance;
and
``(ii) provide the entity or entities
described in subparagraph (B) with the
opportunity for a hearing, which shall be
completed not more than 60 days after such
entity or entities receive the notice of
opportunity for a hearing, or at such later
date as agreed to by the submitting entity or
entities.
``(F) Response.--If the entity or entities
described in subparagraph (B) resubmit the application
in an effort to overcome the finding of noncompliance
not more than 30 days after the date the notification
was received, the Secretary of the Interior shall
approve or disapprove the resubmitted application not
more than 30 days after the resubmitted application is
received, or not more than 30 days after the conclusion
of a hearing, whichever is later. If the Secretary of
the Interior fails to approve or disapprove the
resubmitted application within such time period, the
resubmitted application shall be deemed approved.
``(G) Resubmission response.--If the Secretary of
the Interior finds the resubmitted application
described in subparagraph (F) to be in noncompliance,
the Secretary of the Interior shall issue a final
determination that--
``(i) cites the specific provisions in the
application that are not in compliance;
``(ii) provides a detailed explanation of
the basis for the finding of noncompliance for
each provision found to be noncompliant; and
``(iii) offers assistance to overcome the
finding of noncompliance.
``(H) Failure to respond.--If the entity or
entities described in subparagraph (B) do not respond
to the notification of the Secretary of the Interior
described in subparagraph (E) within a 30-day period
after receipt of such notification, the application
shall be deemed to be disapproved.'';
(5) by inserting after section 1116 the following:
``SEC. 1116A. INDIAN SCHOOL TURN AROUND PROGRAM.
``(a) Purpose.--The purpose of this section is to significantly
improve outcomes for Indian students in persistently low-performing
schools by--
``(1) enabling Indian tribes or tribal education agencies
to turn around low-performing schools operated by a local
educational agency on Indian lands;
``(2) building the capacity of tribes and tribal education
agencies to improve student academic achievement in low-
performing and persistently low-performing schools; and
``(3) supporting tribes and tribal education agencies in
implementing school intervention models.
``(b) Definitions.--In this section:
``(1) Indian lands.--The term `Indian lands' has the
meaning given the term in section 8013.
``(2) Indian school.--The term `Indian school' means any
school located on Indian lands.
``(3) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community (including any Native village, Regional Corporation,
or Village Corporation as defined in, or established pursuant
to, the Alaska Native Claims Settlement Act), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
``(4) Tribal education agency.--The term `tribal education
agency' means the authorized governmental agency of a federally
recognized American Indian or Alaska Native tribe (as defined
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) that is primarily responsible
for regulating, administering, or supervising the formal
education of tribal members. A tribal education agency includes
tribal education departments, tribal divisions of education,
tribally sanctioned education authorities, tribal education
administrative planning and development agencies, and tribal
administrative education entities.
``(c) Identification of Low-Performing Indian Schools.--
``(1) In general.--Each State that receives funds under
this part shall annually identify any Indian school operated by
a local educational agency that--
``(A) is a school identified under section 1116(b);
and
``(B)(i) in the case of an Indian school that is an
elementary school, is in the lowest 5 percent of the
State's public elementary schools;
``(ii) in the case of an Indian school that is a
secondary school that does not award a high school
diploma, is in the lowest 5 percent of the State's
public secondary schools that do not award a high
school diploma; or
``(iii) in the case of an Indian school that is a
secondary school that does award a high school
diploma--
``(I) is in the bottom 5 percent of the
State's public secondary schools that award a
high school diploma; or
``(II) has a graduation rate below 60
percent.
``(2) Report.--If a school is identified by a State under
paragraph (1), the State shall notify the tribe on whose Indian
lands any such school is located that the school has been
identified as a low-performing school.
``(d) Grants Authorized.--
``(1) In general.--The Secretary shall award grants, on a
competitive basis, to Indian tribes or tribal education
agencies to enable such tribes or agencies to carry out the
activities described in subsection (g).
``(2) Duration.--
``(A) In general.--A grant awarded under this
section shall be for a period of 4 years.
``(B) Renewal.--The Secretary may renew a grant
under this section for an additional 4-year period if
the Indian tribe or tribal education agency
demonstrates sufficient progress, as defined by the
State, on the core academic indicators and leading
indicators described in subsection (h)(1)(B).
``(e) Application.--
``(1) In general.--Each Indian tribe or tribal education
agency that desires to receive a grant under this section shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
reasonably require. At a minimum, each application shall
include--
``(A) an analysis of the school described under
subsection (c)(1) that the Indian tribe or tribal
education agency proposes to serve, and an appropriate
intervention model for such school;
``(B) a budget, which shall demonstrate sufficient
funds to implement fully and effectively the selected
intervention model; and
``(C) a description of how the Indian tribe or
tribal education agency will--
``(i) help develop a pipeline of teachers
and leaders for the school;
``(ii) collect and report data;
``(iii) support effective extended learning
time strategies; and
``(iv) build capacity in the tribe or
tribal education agency for assisting schools
described under subsection (c)(1).
``(2) Additional application requirements if subgrants are
awarded.--If an Indian tribe or tribal education agency
proposes to issue subgrants, as described under subsection
(g)(3), such tribe or agency shall include in the application,
in addition to the requirements described under paragraph (1),
the following:
``(A) A copy of the application form and
instructions that the Indian tribe or tribal education
agency will provide to potential recipients of
subgrants.
``(B) A description of how the Indian tribe or
tribal education agency will set priorities for
awarding subgrants.
``(C) A description of how the Indian tribe or
tribal education agency will monitor each entity that
is awarded a subgrant.
``(f) State Educational Agency and Local Education Agency
Responsibilities.--
``(1) In general.--If an Indian tribe or tribal education
agency receives a grant under this section for an Indian school
that has been identified under subsection (c)(1), the Secretary
shall notify the State in which the school is located, and the
State educational agency and the local educational agency that
serve such school shall--
``(A) maintain funding for the school at not less
than the amount supplied in the academic year
immediately preceding the academic year for which the
grant under this section applies;
``(B) at the request of the Indian tribe or tribal
education agency, enter into a cooperative agreement to
authorize the Indian tribe or tribal education agency
to plan, conduct, consolidate, and administer programs,
services, functions, and activities, or portions
thereof, administered by the State educational agency
or the local educational agency on behalf of the
school; and
``(C) authorize the Indian tribe or tribal
education agency to reallocate funds for such programs,
services, functions, and activities, or portions
thereof, as necessary.
``(2) Maintenance of effort requirement.--If the
maintenance of effort requirement described in paragraph (1)(A)
is not met, the Secretary may withhold funding under title I
from the State until such requirement is met.
``(3) Disagreement.--If an Indian tribe or tribal education
agency and the State educational agency or local educational
agency cannot reach an agreement, the tribe or tribal education
agency may submit to the Secretary information that such tribe
or agency deems relevant, and the Secretary may make a
determination on the disputed issue.
``(g) Use of Funds.--
``(1) School intervention model.--
``(A) In general.--An Indian tribe or tribal
education agency that receives a grant under this
section shall use not less than 90 percent of the grant
funds to implement a school intervention model
described in subsection (i), either directly or through
a turn around partner that is awarded a subgrant, in a
school identified under subsection (c)(1).
``(B) Use of funds for comprehensive services.--The
Indian tribe or tribal education agency, in
implementing any of the school intervention models
described in subsection (i) in any school served under
the grant--
``(i) shall identify and address issues
that may contribute to low academic achievement
in the schools identified under subsection
(c)(1); and
``(ii) may use funds under this section to
provide comprehensive services to address the
issues described in subparagraph (A) and meet
the full range of student needs.
``(2) Subgrants.--An Indian tribe or tribal education
agency that receives a grant under this section may award
subgrants.
``(3) Tribe or tribal education agency activities.--If an
Indian tribe or tribal education agency that receives a grant
under this section does not use all of the grant funds to carry
out the activities described in paragraphs (1) through (3) in
each school to be served under the grant, such tribe or tribal
education agency shall use any remaining funds to--
``(A) provide technical assistance and other
support, either directly or through the creation of a
school turn around office or a turn around partner, to
schools identified under subsection (c)(1), which may
include--
``(i) the use of school quality review
teams; or
``(ii) regular site visits to monitor the
implementation of selected intervention models;
``(B) evaluate Indian tribe or tribal education
agency implementation of school intervention models and
other improvement activities;
``(C) use the results of the evaluations described
in subparagraph (B) to improve Indian tribe or tribal
education agency strategies for supporting, and
providing flexibility for, targeted schools that are
identified under subsection (c)(1);
``(D) develop pipelines of teachers and leaders
that are trained to work in schools that are low-
performing schools, such as the schools identified in
subsection (c)(1);
``(E) collect and report data;
``(F) build capacity in the Indian tribe or tribal
education agency for assisting schools identified under
subsection (c)(1); or
``(G) carry out other activities designed to build
Indian tribe or tribal education agency capacity to
support school improvement.
``(h) Data Collection and Reporting.--
``(1) In general.--Each Indian tribe or tribal education
agency receiving a grant under this section shall--
``(A) comply with the reporting and accountability
requirements of this part for each school that such
Indian tribe or tribal education agency serves; and
``(B) monitor and collect data about the students
that such Indian tribe or tribal education agency
serves at each school that is served by the grant
program, including the following data:
``(i) Core academic indicators, such as--
``(I) the percentage of students at
each school who are at or above the
proficient level on State academic
assessments in reading or language arts
and mathematics;
``(II) student progress toward core
academic benchmarks;
``(III) the average score for
students in each school on State
academic assessments in reading or
language arts and mathematics;
``(IV) secondary school graduation
rates; and
``(V) rates of student enrollment
in an institution of higher education.
``(ii) Leading indicators, such as--
``(I) student attendance rates;
``(II) the number and percentage of
students completing advanced
coursework;
``(III) student participation in
State assessments in reading or
language arts and mathematics under
section 1111(b)(3);
``(IV) school dropout rates;
``(V) discipline incident rates;
``(VI) teacher attendance rates;
``(VII) the distribution of
teachers by performance level, based on
the teacher evaluation system
established by the Indian tribe or
tribal education agency; and
``(VIII) reduction in the
percentage of students in the lowest
level of achievement on State
assessments in reading or language arts
and mathematics under section 1111.
``(2) Report.--Each Indian tribe or tribal education agency
receiving a grant under this section shall prepare and submit a
report to the Secretary, which shall include the data described
in paragraph (1)(B).
``(i) School Intervention Models.--Each tribe or tribal education
agency that receives a grant under this section may choose to implement
1 or more of the following school intervention models:
``(1) Transformation model.--A transformation model is a
school intervention model in which the Indian tribe or tribal
education agency--
``(A) replaces a principal (if such principal has
led the school for 2 or more years) with a new
principal who has demonstrated effectiveness in turning
around a low-performing school;
``(B) uses rigorous, transparent, and equitable
evaluation systems to--
``(i) identify and reward school leaders,
teachers, and other staff who, in implementing
the model, increase student achievement and, if
applicable, secondary school graduation rates;
and
``(ii) identify and remove school leaders,
teachers, and other staff who, after ample
opportunities have been provided for such
individuals to improve their professional
practice--
``(I) do not increase student
achievement;
``(II) if applicable, do not
increase secondary school graduation
rates; and
``(III) have not demonstrated
effectiveness according to the tribe or
tribal education agency's evaluation
system;
``(C) provides staff with ongoing, high-quality,
job-embedded professional development that--
``(i) is aligned with the school's
instruction program and evaluation system;
``(ii) facilitates effective teaching and
learning; and
``(iii) supports the implementation of
school-reform strategies;
``(D) implements strategies (such as financial
incentives, increased opportunities for promotion and
career growth, and more flexible work conditions) that
are designed to recruit, place, and retain staff who
have the skills necessary to meet the needs of students
in the school;
``(E) uses data to identify and implement a
research-based instruction program that--
``(i) is aligned with State or tribal
challenging academic content standards and
challenging student academic achievement
standards under section 1111(b); and
``(ii) has been proven to raise student
academic achievement by not less than 10
percent in 1 year;
``(F) establishes schedules and strategies that
provide increased learning time (which may include
offering full-day kindergarten or a high-quality
preschool program or using a longer school day, week,
or year that increases the total number of hours at
school for the school year by not fewer than 300 hours)
in order to significantly increase the total number of
school hours to include time for--
``(i) instruction core subjects, such as
English, reading or language arts, mathematics,
science, foreign language (which may include a
Native American language), civics and
government, economics, arts, history, and
geography;
``(ii) instruction in traditional and
cultural programs;
``(iii) instruction in other subjects; and
``(iv) enrichment activities, such as
physical education, service learning, and
experiential work-based opportunities;
``(G) promotes the continuous use of student data
to provide instruction that meets the academic needs of
individual students, which may include, in elementary
school, individual students' levels of school
readiness;
``(H) provides ongoing mechanisms for family,
community, and tribal involvement;
``(I) ensures that the school receives ongoing,
intensive technical assistance and related support from
the tribe or tribal education agency; and
``(J) provides appropriate social-emotional and
community-oriented support services for students, and
at the discretion of the tribe or tribal education
agency, uses not more than 10 percent of the total
grant funds for such services.
``(2) Restart model.--A restart model is a school
intervention model in which the Indian tribe or tribal
education agency--
``(A) converts a school--
``(i) under a charter or school operator
and charter management organization;
``(ii) under an education management
organization; or
``(iii) as an autonomous or redesigned
school;
``(B) implements a rigorous review process to
select such a charter or school operator and charter
management organization, or an education management
organization, as applicable, which includes an
assurance that such operator or organization will make
significant changes in the leadership and staffing of
the school; and
``(C) enrolls in the school any former student who
wishes to attend the school and who is within the
grades the school services.
``(3) Turnaround model.--A turnaround model is a school
intervention model in which the Indian tribe or tribal
education agency--
``(A) replaces a principal (if such principal has
led the school for 2 or more years) with a new
principal who has demonstrated effectiveness in turning
around a low-performing school;
``(B) gives a new principal sufficient operational
flexibility (including flexibility in staffing, the
school day and school calendar, and budgeting) to fully
implement a comprehensive approach to improve student
outcomes;
``(C) uses a comprehensive evaluation system to
evaluate staff, including the use of student
achievement data to measure the effectiveness of staff;
``(D) screens all staff who are employed at the
school as of the time when the turnaround model is
implemented and retains not more than 50 percent of
such staff;
``(E) requires the principal to justify personnel
decisions (such as hiring, dismissal, and rewards)
based on the results of the comprehensive evaluation
system;
``(F) provides staff with ongoing, high-quality,
job-embedded professional development that--
``(i) is aligned with the school's
instruction program and evaluation system;
``(ii) facilitates effective teaching and
learning; and
``(iii) supports the implementation of
school-reform strategies;
``(G) uses data to--
``(i) identify and implement a research-
based instructional program;
``(ii) evaluate school improvement
strategies; and
``(iii) inform differentiated instruction,
in order to meet the academic needs of
individual students;
``(H) encourages the use of extended learning time
partnerships;
``(I) establishes schedules and strategies that
provide increased learning time (which may include
offering full-day kindergarten or a high-quality
preschool program or using a longer school day, week,
or year that increases the total number of hours at
school for the school year by not fewer than 300 hours)
in order to significantly increase the total number of
school hours to include time for--
``(i) instruction core subjects, such as
English, reading or language arts, mathematics,
science, foreign language (which may include a
Native American language), civics and
government, economics, arts, history, and
geography;
``(ii) instruction in traditional and
cultural programs;
``(iii) instruction in other subjects;
``(iv) enrichment activities, such as
physical education, service learning, and
experiential work-based opportunities; or
``(v) teachers to collaborate, plan, and
engage in professional development within and
across grades and subjects;
``(J) provides ongoing mechanisms for family,
community, and tribal involvement; and
``(K) provides appropriate social and emotional
community-oriented support services for students.
``(j) Insufficient Progress.--If an Indian tribe or tribal
education agency fails to demonstrate sufficient progress, as defined
by the State, on the core academic indicators and leading indicators
described in subsection (h)(1)(B), such tribe or agency shall be
required to--
``(1) modify the existing school intervention model; or
``(2) restart the school using the restart model described
in subsection (i)(2).
``(k) Reservation of Funds.--From the amount appropriated each
fiscal year for grants to State educational agencies and local
educational agencies for school improvement actions under this part,
the Secretary shall reserve not less than 10 percent of such amount for
grants under this section.''; and
(6) in section 1118--
(A) in subsection (a)(2)--
(i) in subparagraph (E) by striking ``and''
after the semicolon;
(ii) by redesignating subparagraph (F) as
subparagraph (G); and
(iii) by inserting after subparagraph (E)
the following:
``(F) with respect to an agency that serves Indian
children, identify the barriers to effective
involvement of the parents of such children; and''; and
(B) in subsection (e)--
(i) by redesignating paragraphs (6) through
(14) as paragraphs (7) through (15),
respectively; and
(ii) by inserting after paragraph (5), the
following:
``(6) in consultation with Indian tribes and parents of
Indian children who are served by any school that is served by
the agency, shall establish mechanisms to overcome barriers to
effective Indian parental involvement, which may include--
``(A) providing literacy programs and use of
technology training, as needed, for such parents at
locations accessible to the homes of such parents;
``(B) providing or paying the reasonable costs of
transportation and child care to enable such parents to
participate in literacy programs, use of technology
training, and school-related meetings;
``(C) providing training regarding the roles,
rights and responsibilities of such parents, including
information about culture-based education; and
``(D) contracting with an Indian tribe or tribal
education agency to provide the services described in
subparagraphs (A), (B) and (C);''.
SEC. 112. STANDARDS-BASED ASSESSMENTS.
Section 1111(b)(3) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the
following:
``(E) Standards-based education assessments.--
Notwithstanding any other provision of this Act, a
State shall develop standards-based education
assessments and classroom lessons to accommodate
diverse learning styles, which assessments may be used
by the State in place of the general assessments
described in subparagraph (A).''.
SEC. 113. NATIVE LANGUAGE TEACHING.
Section 1119 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6319) is amended by adding at the end the following:
``(m) Qualifications for Native Language Teachers.--
``(1) In general.--Notwithstanding any other provision of
law, the requirements of subsection (a) on local educational
agencies and States with respect to highly qualified teachers,
shall not apply to a teacher of a Native language.
``(2) Alternative licensure or certification.--Each State
educational agency receiving assistance under this part shall
develop an alternative licensure or certification for teachers
of a Native language.''.
SEC. 114. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.
Part D of title I of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6421 et seq.) is amended--
(1) in section 1401--
(A) in subsection (a)(3), by inserting ``and the
involvement of their families and their communities.''
after ``their continued education''; and
(B) in subsection (b), by inserting ``subject to
section 1402(c),'' after ``section 1002(d)'';
(2) in section 1402, by adding at the end the following:
``(c) Reservation for the Secretary of the Interior.--From the
amount appropriated for this part for any fiscal year, the Secretary
shall reserve 4 percent of such funds for the Secretary of the Interior
to provide educational services for at-risk Indian children, including
Indian youth in correctional facilities operated by the Secretary of
the Interior or by an Indian tribe.'';
(3) in section 1414(c)--
(A) in paragraph (9), by inserting ``, Indian
tribes, tribal education agencies,'' after ``local
educational agencies'';
(B) by redesignating paragraphs (12) through (19)
as paragraphs (13) through (20), respectively;
(C) by inserting after paragraph (11), the
following:
``(12) describe the procedure that the State agency will
use to consult, on an ongoing basis, with Indian tribes in the
State to determine the needs of Indian children and youth who
are neglected, delinquent, or at-risk, including such children
and youth in a correctional facility or institution;'';
(D) in paragraph (19), as redesignated by
subparagraph (B), by striking ``and'' after the
semicolon;
(E) in paragraph (20), as redesignated by
subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(F) by adding at the end the following:
``(21) provides an assurance that the program under this
subpart will utilize curriculum that is culturally appropriate,
based on the demographics of the neglected or delinquent
children and youth served by such program.'';
(4) in section 1416--
(A) in paragraph (7), by striking ``and'' after the
semicolon;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(9) includes an assurance that the State agency has
consulted with Indian tribes in the State in the development of
the comprehensive plan under this part.'';
(5) in section 1418--
(A) by striking paragraph (1) of subsection (a) and
inserting the following:
``(1) projects that facilitate the transition of children
and youth from State-operated institutions, or institutions in
the State operated by the Secretary of the Interior or Indian
tribes, to schools served by local educational agencies or to
schools funded by the Bureau of Indian Education; or'';
(B) in subsection (b), by inserting ``Indian
tribes,'' after local educational agencies;
(C) by redesignating subsection (c) as subsection
(d); and
(D) by inserting after subsection (b) the
following:
``(c) Consultation With Indian Tribes.--The State agency shall
consult with Indian tribes in the State in the development of
transition projects, and coordinate such State projects with transition
and reentry projects operated by such tribes.'';
(6) in section 1419(2), by inserting ``and Indian tribal
programs'' after ``State agency programs'';
(7) in section 1421--
(A) in the matter preceding paragraph (1), by
inserting ``, including correctional facilities in the
State operated by the Secretary of the Interior or
Indian tribes'' after ``locally operated correctional
facilities''; and
(B) in paragraph (3), by inserting ``, including
schools funded by the Bureau of Indian Education,''
after ``local schools'';
(8) in section 1422--
(A) in subsection (a), by striking ``(including
facilities involved in community day programs).'' and
inserting ``(including facilities involved in community
day programs and facilities in the State that are
operated by the Secretary of the Interior or Indian
tribes).''; and
(B) in subsection (d), by inserting ``, schools
funded by the Bureau of Indian Education,'' after
``returning to local educational agencies'';
(9) in section 1423--
(A) in paragraph (2)--
(i) in subsection (A), by inserting ``and,
as appropriate, an Indian tribe in the State''
after ``program to be assisted''; and
(ii) in subsection (B), by inserting ``,
including such facilities operated by the
Secretary of the Interior and Indian tribes''
after ``juvenile justice system'';
(B) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively;
(C) by inserting after paragraph (3) the following:
``(4) a description of the process for consultation and
coordination with Indian tribes in the State regarding services
provided under the program to Indian children and youth;'';
(D) in paragraph (13), as redesignated by
subparagraph (B), by striking ``and'' after the
semicolon;
(E) in paragraph (14), as redesignated by
subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(F) by adding at the end the following:
``(15) a description of the demographics of the children
and youth served and an assurance that the curricula and co-
curricular activities will be culturally appropriate for such
children and youth.'';
(10) in section 1424 (20 U.S.C. 6454)--
(A) in paragraph (4), by striking ``and'' after the
semicolon;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) programs for at-risk Indian children and youth,
including such individuals in correctional facilities in the
area served by the local educational agency that are operated
by the Secretary of the Interior or Indian tribes.'';
(11) by redesignating subpart 3 as subpart 4;
(12) by redesignating sections 1431 and 1432 as sections
1441 and 1442, respectively;
(13) by inserting after subpart 2 the following:
``Subpart 3--Education Programs for Indian Children and Youth
``SEC. 1432. GRANTS TO INDIAN TRIBES.
``(a) Purpose.--The purpose of this section is to authorize an
educational program to be known as the `Indian Children and Youth At-
Risk Education Program', which shall--
``(1) carry out high-quality and culturally appropriate
education programs to prepare Indian children and youth who are
in correctional facilities (or enrolled in community day
programs for neglected or delinquent children and youth)
operated by the Secretary of the Interior or Indian tribes for
secondary school completion, training, employment, or further
education; and
``(2) to provide activities to facilitate the transition of
such children and youth from the correctional program to
further education or employment.
``(b) Grants Authorized.--
``(1) In general.--From the amount reserved for the
Secretary of the Interior under section 1402(c), and subject to
paragraph (2), the Secretary of the Interior shall award
grants, on a competitive basis, to Indian tribes with high
numbers or percentages of children and youth in juvenile
detention facilities that are operated by the Secretary of the
Interior or Indian tribes in order to enable such Indian tribes
to carry out the activities described in section 1434.
``(2) Contract in lieu of grant.--At the request of an
Indian tribe, the Secretary of the Interior shall enter into a
contract under the Indian Self-Determination and Education
Assistance Act for operation of a program under this subpart in
lieu of making a grant to such tribe.
``(3) Notification.--The Secretary of the Interior shall
notify Indian tribes of the availability of funding under this
subpart.
``(c) Tribal Applications.--Each Indian tribe desiring to receive a
grant under this subpart shall submit an application to the Secretary
of the Interior at such time, in such manner, and accompanied by such
information as the Secretary of the Interior may require. Each such
application shall include the following:
``(1) A description of the program that will be assisted
with grant funds under this subpart.
``(2) A description of any formal agreements regarding the
program, between the Indian tribe and, as appropriate--
``(A) 1 or more local educational agencies;
``(B) 1 or more schools funded by the Bureau of
Indian Education;
``(C) correctional facilities operated by the
Secretary of the Interior or Indian tribes;
``(D) alternative school programs serving Indian
children and youth who are involved with the juvenile
justice system; or
``(E) tribal, State, private, or public
organizations or corporations providing education,
skill-building, or reentry services.
``(3) As appropriate, a description of how participating
entities will coordinate with facilities working with
delinquent Indian children and youth to ensure that such
children and youth are participating in an education program
comparable to the education program in the local school that
such youth would otherwise attend.
``(4) A description of how the program will develop
culturally appropriate academic curricula and co-curricular
activities to supplement the educational program provided by a
facility working with delinquent Indian children and youth.
``(5) A description of the program that the Indian tribe
will carry out for Indian children and youth returning from
correctional facilities.
``(6) As appropriate, a description of the types of
services that such tribe will provide for such children and
youth and other at-risk children and youth, either directly or
in cooperation with local educational agencies and schools
funded by the Bureau of Indian Education.
``(7) A description of the characteristics (including
learning difficulties, substance abuse problems, and other
special needs) of the Indian children and youth who will be
returning from correctional facilities and, as appropriate,
other at-risk Indian children and youth expected to be served
by the program.
``(8) A description of how the tribe will coordinate the
program with existing educational programs of local educational
agencies and schools funded by the Bureau of Indian Education
to meet the unique educational needs of Indian children and
youth who will be returning from correctional facilities and,
as appropriate, other at-risk Indian children and youth
expected to be served by the program.
``(9) As appropriate, a description of how the program will
coordinate with existing social, health, and other services to
meet the needs of students returning from correctional
facilities, including--
``(A) prenatal health care;
``(B) nutrition;
``(C) mental health and substance abuse services;
``(D) targeted reentry and outreach programs; and
``(E) referrals to community resources related to
the health of the child or youth.
``(10) A description of partnerships with tribal, State,
private or public organizations, or corporations to develop
vocational training, curriculum-based youth entrepreneurship
education, and mentoring services for participating students.
``(11) As appropriate, a description of how the program
will involve parents in efforts to--
``(A) improve the educational achievement of their
children;
``(B) assist in dropout prevention activities; and
``(C) prevent the involvement of their children in
delinquent activities.
``(12) A description of how the program under this subpart
will be coordinated with other Federal, State, tribal, and
local programs, such as programs under title I of Public Law
105-220 and vocational and technical education programs serving
at-risk children and youth.
``(13) A description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevent Act of 1974 and other comparable programs,
if applicable.
``(14) A description of the efforts participating schools
will make to ensure that correctional facilities working with
children and youth are aware of any existing individualized
education programs for such children or youth.
``(15) As appropriate, a description of the steps
participating schools will take to find alternative placements
for children and youth who are interested in continuing their
education but unable to participate in a regular school
program.
``(16) As appropriate, a description of how the program
under this subpart will be coordinated with other Federal,
State, tribal, and local programs serving at-risk children and
youth.
``(17) As appropriate, a description of how the program
will coordinate with probation officers to assist in meeting
the needs of children and youth returning from correctional
facilities.
``(d) Uses of Funds.--Funds provided to Indian tribes under this
subpart may be used for the purposes described in section 1424.
``(e) Program Requirements for Correctional Facilities Receiving
Funds Under This Subpart.--Each correctional facility entering into an
agreement with an Indian tribe under section 1432(2) to provide
services to Indian children and youth under this subpart shall--
``(1) if feasible, ensure that educational programs in the
correctional facility are coordinated with the student's home
school, particularly in the case of a student with an
individualized education program under part B of the
Individuals with Disabilities Education Act;
``(2) if a child or youth is identified as in need of
special education services while in the correctional facility,
notify such child's local school;
``(3) provide transition assistance to help the child or
youth stay in school, including coordination of services for
the family, counseling, assistance in accessing drug and
alcohol abuse prevention programs, tutoring, and family
counseling;
``(4) provide support programs that encourage children and
youth who have dropped out of school to reenter school once
their term at the correctional facility has been completed, or
provide such children and youth with the skills necessary to
gain employment or seek a secondary school diploma or its
recognized equivalent;
``(5) work to ensure that the correctional facility is
staffed with teachers and other qualified staff who are trained
to work with children and youth with disabilities, taking into
consideration the unique needs of such children and youth;
``(6) ensure that education programs in the correctional
facility aim to help students meet high academic achievement
standards;
``(7) to the extent possible, use technology to assist in
coordinating educational programs between the correctional
facility and participating program partners;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent activities;
``(9) coordinate funds received under this subpart with
other local, State, tribal, and Federal funds available to
provide services to participating children and youth, such as
funds made available under title I of Public Law 105-220, and
vocational and technical education funds;
``(10) coordinate programs operated under this subpart with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable; and
``(11) work with local partners to develop training,
curriculum-based youth entrepreneurship education, and
mentoring programs for children and youth.
``(f) Technical Assistance.--At the request of an Indian tribe that
receives assistance under this subpart, the Secretary of the Interior
may, to the extent resources are available, provide technical
assistance--
``(1) to improve the performance of a program funded under
this subpart;
``(2) to recruit and retain qualified educational
professionals to assist in the delivery of services under such
program; and
``(3) to perform the program evaluations required by
section 1441.
``SEC. 1433. EDUCATIONAL ALTERNATIVES TO DETENTION.
``(a) Purposes.--The purposes of this section are--
``(1) to decrease the number of incarcerated Indian
children and youth;
``(2) to decrease the rate of high school dropouts among
Indian youth;
``(3) to provide educational alternatives to incarceration
for at-risk Indian children and youth; and
``(4) to increase community and family involvement in the
education of at-risk Indian children and youth.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means--
``(1) an Indian tribe, tribal education agency, or tribal
organization;
``(2) a Bureau-funded school, as defined in section 1141 of
the Education Amendments of 1978 (25 U.S.C. 2021);
``(3) a correctional facility, in consortium with a tribe,
tribal education agency, or tribal organization; or
``(4) a State educational agency or local educational
agency in consortium with a tribe, tribal education agency or
tribal organization, as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
``(c) Program Authorized.--
``(1) In general.--Subject to paragraph (2), the Secretary
is authorized to award grants to eligible entities having
applications approved under this section to enable such
entities to carry out the activities described in subsection
(d).
``(2) Contracts.--At the request of an Indian tribe, the
Secretary shall transfer program funding to the Secretary of
the Interior, who shall enter into a contract under the Indian
Self-Determination and Education Assistance Act with the tribe
for operation of a program under this section in lieu of making
a grant to such tribe.
``(3) Duration.--Grants awarded under this section shall be
for a period of not less than 3 years and not more than 5
years.
``(d) Authorized Activities.--Grant funds under this section shall
be used for activities to provide educational alternatives for Indian
youth who have been sentenced to incarceration or juvenile detention,
in a manner consistent with the purposes of this section. Such
activities may include--
``(1) half- or full-day alternative education programs for
disruptive youth who are temporarily suspended;
``(2) school-based drug and substance abuse prevention
programs;
``(3) truancy prevention programs;
``(4) multi-year alternative educational programs; and
``(5) home or community detention programs.
``(e) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may require. Each such application shall include the following:
``(1) A description of the program that will be assisted
with grant funds under this subpart.
``(2) A description of any formal agreements regarding the
program, between the Indian tribe and, as appropriate--
``(A) 1 or more local educational agencies;
``(B) 1 or more schools funded by the Bureau of
Indian Education;
``(C) correctional facilities operated by the
Secretary of the Interior or Indian tribes; or
``(D) tribal, State, private, or public
organizations or corporations providing education,
skill-building, or reentry services.
``(3) As appropriate, a description of how the program will
develop culturally appropriate academic curriculum and co-
curricular activities.
``(4) As appropriate, a description of the types of
services that the eligible entity will provide to at-risk
Indian children, youth, and families.
``(5) As appropriate, a description of any partnerships
with tribal, local, or State law enforcement or judicial
systems to provide education alternatives to detention and wrap
around services, which may include--
``(A) behavioral health services;
``(B) family counseling;
``(C) teen pregnancy counseling;
``(D) substance abuse services;
``(E) alcohol abuse services; or
``(F) job training.
``(6) As appropriate, a description of evaluation
activities to develop educational plans for at-risk Indian
children and youth who are transitioning back to a local
educational agency or earning a secondary school diploma, or
the recognized equivalent of a secondary school diploma.
``(f) Evaluation.--Each eligible entity that receives a grant under
this section shall--
``(1) evaluate the grant program, not less than once every
3 years, to determine the program's success, consistent with
the purposes of this section; and
``(2) prepare and submit a report containing the
information described in paragraph (1) to the Secretary, the
Coordinating Council on Juvenile Justice and Delinquency
Prevention, and Indian tribes.
``(g) Definition.--The term `tribal education agency' means--
``(1) the authorized governmental agency of a federally
recognized American Indian and Alaska Native tribe (as defined
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) that is primarily responsible
for regulating, administering, or supervising the formal
education of tribal members; and
``(2) includes tribal education departments, tribal
divisions of education, tribally sanctioned education
authorities, tribal education administrative planning and
development agencies, tribal education agencies, and tribal
administrative education entities.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this subpart, there are authorized to be appropriated $2,000,000
for fiscal year 2012 and such sums as may be necessary for each of the
5 succeeding fiscal years.'';
(14) in section 1441, as redesignated by paragraph (12)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``Each State agency or local
educational agency that conducts a program
under subpart 1 or 2 shall'' and inserting
``Each State agency, local educational agency,
or Indian tribe that conducts a program
evaluation under subpart 1, 2, or 3 shall'';
and
(ii) in paragraph (3), by inserting ``or
school funded by the Bureau of Indian
Education'' after ``local educational agency'';
(B) in subsection (c), by striking ``a State agency
or local educational agency'' and inserting ``a State
agency, local educational agency, or Indian tribe'';
and
(C) by striking subsection (d) and inserting the
following:
``(d) Evaluation Results.--
``(1) In general.--Each State agency, local educational
agency, and Indian tribe shall--
``(A) submit evaluation results to the State
educational agency and the Secretary; and
``(B) use the results of evaluations under this
section to plan and improve subsequent programs for
participating children and youth.
``(2) Indian tribes.--Each Indian tribe shall also submit
evaluation results to the Secretary of the Interior.
``(e) Evaluation of Programs for At-Risk Indian Youth.--
``(1) In general.--Not later than 4 years after the date of
enactment of the Native Culture, Language, and Access for
Success in Schools Act, the Secretary and the Secretary of the
Interior, in collaboration with the Attorney General, shall
prepare a report that--
``(A) compiles demographic information about at-
risk Indian youth, including Indian youth in
correctional facilities operated by the Department of
the Interior and Indian tribes;
``(B) evaluates existing educational programs for
at-risk Indian youth; and
``(C) provides recommendations for improvement of
such educational programs.
``(2) Submission to congressional committees.--The
Secretary and the Secretary of the Interior shall submit the
report described in paragraph (1) to the Health, Education,
Labor and Pensions Committee and the Indian Affairs Committee
of the Senate, the Committee on Education and the Workforce and
the Committee on Natural Resources of the House of
Representatives, and to Indian tribes.'';
(15) in section 1442, as redesignated by paragraph (12), by
inserting at the end the following:
``(5) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, other organized group or community,
including any Alaska Native village or Regional Corporation or
Village Corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (42 U.S.C. 1601 et
seq.), which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.''; and
(16) in section 1903(b)(2)--
(A) in subparagraph (F), by striking ``and'' after
the semicolon;
(B) in subparagraph (G), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(H) representatives of Indian tribes located in
the State.''.
Subtitle B--Preparing, Training, and Recruiting High-Quality Teachers
and Principals
SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS AND
PRINCIPALS.
Title II (20 U.S.C. 6601 et seq.) is amended--
(1) in part A--
(A) by striking paragraph (3) of section 2102 (20
U.S.C. 6602) and inserting the following:
``(3) High-need local educational agency.--The term `high-
need local educational agency' means--
``(A) a local educational agency--
``(i)(I) that serves not fewer than 10,000
children from families with incomes below the
poverty line; or
``(II) for which not less than 20 percent
of the children served by the agency are from
families with incomes below the poverty line;
and
``(ii)(I) for which there is a high
percentage of teachers not teaching in the
academic subjects or grade levels that the
teachers were trained to teach; or
``(II) for which there is a high percentage
of teachers with emergency, provisional, or
temporary certification or licensing; or
``(B) a school funded by the Bureau of Indian
Education.'';
(B) by striking clause (ii) of section
2111(b)(1)(A) (20 U.S.C. 6611(b)(1)(A)) and inserting
the following:
``(ii) 5 percent for the Secretary of the
Interior to be distributed to schools operated
or funded by the Bureau of Indian Education, as
provided in section 2123(c).'';
(C) in section 2113(c)(18) (20 U.S.C.
6613(c)(18))--
(i) in subparagraph (A) by striking ``and''
after the semicolon;
(ii) in subparagraph (B) by striking the
period and inserting ``; and''; and
(iii) by inserting at the end the
following:
``(C) provides access to clearinghouse information
to schools in the State that are funded by the Bureau
of Indian Education.'';
(D) in section 2122 (20 U.S.C. 6622)--
(i) in subsection (b)--
(I) in paragraph (2), by inserting
``, including Indian students,'' after
``minority students''; and
(II) in paragraph (9)--
(aa) in subparagraph (C) by
striking ``and'' after the
semicolon;
(bb) in subparagraph (D) by
striking the period at the end
and inserting ``; and''; and
(cc) by adding at the end
the following:
``(E) for teachers in schools that serve Indian
children, become familiar with the Indian communities
served by the local educational agency and incorporate
culturally responsive teaching and learning strategies
for Indian children into the educational program.'';
and
(ii) in subsection (c), by inserting ``, in
the case of a local educational agency that
serves an Indian tribal community,
representatives of Indian tribes,'' after
``part A of title I'';
(E) in section 2123 (20 U.S.C. 6623)--
(i) in subsection (a)(3)--
(I) in subparagraph (B)--
(aa) in clause (ii), by
inserting ``students from
Indian reservation
communities,'' after
``(including students who are
gifted and talented),'';
(bb) in clause (iv), by
striking ``limited English
proficient and immigrant
children; and'' and inserting
``children from Indian
reservation communities,
limited English proficient
children, and immigrant
children;'';
(cc) in clause (v), by
striking the period at the end
and inserting ``; and''; and
(dd) by inserting at the
end the following:
``(vi) in the case of a local educational
agency that serves Indian children, provide
training in effective incorporation of
culturally responsive teaching and learning
strategies for Indian children.''; and
(II) in subparagraph (D), by
inserting ``Indian students,'' after
``disadvantaged families,''; and
(ii) by adding at the end the following:
``(c) Bureau of Indian Education Schools.--A school funded by the
Bureau of Indian Education that receives funds reserved under section
2111(b)(1)(A)(ii) shall use such funds to carry out 1 or more of the
activities described in subsection (a), and may use such funds to
improve housing, as needed to recruit and retain highly qualified
teachers and principals.'';
(F) in section 2131(1) (20 U.S.C. 6631(1))--
(i) in subparagraph (A)(i) by inserting ``,
or a tribally controlled college or university
(as defined in section 2 of the Tribally
Controlled Colleges and Universities Assistance
Act of 1978 (25 U.S.C. 1801))'' after
``principals''; and
(ii) in subparagraph (B) by inserting ``an
Indian tribe,'' after ``principal
organization,''; and
(G) by inserting after subpart 5, the following:
``Subpart 6--Indian Educator Scholarship Program
``SEC. 2161. INDIAN EDUCATOR SCHOLARSHIP PROGRAM.
``(a) Grants Authorized.--In order to carry out the United States
trust responsibility for the education of Indian children, and to
provide a more stable base of education professionals to serve in
public elementary schools and secondary schools with a significant
number of Indian students and schools funded by the Bureau of Indian
Education, the Secretary shall make scholarship grants to Indians who
are enrolled full- or part-time in appropriately accredited
institutions of higher education and pursuing a course of study in
elementary and secondary education or school administration. Such
scholarships shall be designated Indian educator scholarships and shall
be made in accordance with this section.
``(b) Eligibility.--
``(1) In general.--The Secretary shall determine the
applicants who will receive scholarships under subsection (a).
``(2) Criteria.--In order to be eligible for participation
in the Indian educator scholarship program, an individual
must--
``(A) be an Indian, as defined in section 7151;
``(B) be accepted for enrollment, or be enrolled,
as a full- or part-time student in a course of study in
elementary and secondary education or school
administration at an appropriately accredited
institution of higher education;
``(C) submit an application to participate in the
Indian educator scholarship program at such time and in
such manner as the Secretary shall determine; and
``(D) sign and submit to the Secretary at the time
that such application is submitted, a written contract,
as described in subsection (c).
``(c) Contents of Contract.--
``(1) In general.--The written contract between the
Secretary and the individual, as described in subsection
(b)(2)(D), shall contain the following:
``(A) A statement that the Secretary agrees to
provide the individual with a scholarship, as described
in subsection (d), in each school year or years for a
period during which such individual is pursuing a
course of study in elementary and secondary education
or school administration at an appropriately accredited
institution of higher education.
``(B) A statement that the individual agrees--
``(i) to accept provision of the Indian
educator scholarship;
``(ii) to maintain enrollment in such
course of study until the individual completes
the course of study;
``(iii) while enrolled in such course of
study, to maintain an acceptable level of
academic standing (as determined by the
Secretary, taking into account the requirements
of the educational institution offering such
course of study); and
``(iv) to serve through full-time
employment at an eligible school for a time
period (referred to in this section as the
`period of obligated service') equal to the
greater of--
``(I) 1 year for the equivalent of
each school year for which the
individual was provided a scholarship
under the Indian educator scholarship
program; or
``(II) 2 years.
``(C) A statement of the damages to which the
United States is entitled, under subsection (e), for
the individual's breach of the contract.
``(D) Such other statement of the rights and
liabilities of the Secretary and of the individual, in
accordance with the provisions of this section.
``(2) Period of obligated service.--
``(A) Eligible schools.--An individual shall meet
the requirement for the period of obligated service
under the written contract between the individual and
the Secretary, as described in paragraph (1), if such
individual is employed full-time--
``(i) in a school funded by the Bureau of
Indian Education; or
``(ii) in a public school that serves a
significant number of Indian students.
``(B) Deferment for advanced study.--At the request
of an individual who has entered into a contract
described in this subsection and who has receive a
baccalaureate degree in education, the Secretary shall
defer the period of obligated service of such
individual under such contract to enable such
individual to complete a course of study leading to an
advanced degree in education, or needed to become
certified for an appropriate period (in years, as
determined by the Secretary), subject to the following
conditions:
``(i) A period of advanced study shall not
be counted as satisfying any period of
obligated service that is required under this
section.
``(ii) The period of obligated service of
the individual shall commence at the later of--
``(I) 90 days after the completion
of the advanced course of study;
``(II) at the commencement of the
first school year that begins after the
completion of the advanced course of
study; or
``(III) by a date specified by the
Secretary.
``(C) Part-time study.--In the case of an
individual receiving a scholarship under this section
who is enrolled part-time in an approved course of
study--
``(i) a scholarship under this section
shall be for a period of years not to exceed
the part-time equivalent of 4 years, as
determined by the Secretary;
``(ii) the period of obligated service
shall be equal to the greater of--
``(I) the part-time equivalent of 1
year for each year for which the
individual was provided a scholarship,
as determined by the Secretary; or
``(II) 2 years; and
``(iii) the amount of the monthly stipend
specified in subsection (d) shall be reduced
pro rata, as determined by the Secretary, based
on the number of hours of study in which such
individual is enrolled.
``(d) Scholarship.--
``(1) In general.--A scholarship provided to a student
under the Indian educator scholarship program for a school year
shall consist of payment to, or in accordance with paragraph
(2), on behalf of, the student in the amount of--
``(A) the tuition of the student for the school
year or, for a part-time student, the tuition for the
appropriate portion of the school year;
``(B) all other reasonable educational expenses,
including fees, books, and laboratory expenses,
incurred by the student in such school year; and
``(C) a stipend of $800 per month (adjusted in
accordance with paragraph (3)) for each of the 12
consecutive months beginning with the first month of
such school year.
``(2) Payment to an institution of higher education.--The
Secretary may contract with an institution of higher education
in which a participant in the Indian educator scholarship
program is enrolled for the payment to such institution of the
amounts of tuition and other reasonable educational expenses
described in subparagraph (A) and (B) of paragraph (1). Payment
to such institution may be made without regard to section
3324(a) and (b) of title 31.
``(3) Stipend.--The amount of the monthly stipend described
in paragraph (1)(C) shall be increased by the Secretary for
each school year ending in a fiscal year beginning after
September 30, 2011, by an amount (rounded to the next highest
multiple of $1) equal to the amount of such stipend multiplied
by the overall percentage (under section 5303 of title 5) of
the adjustment (if such adjustment is an increase) in the rates
of pay under the General Schedule made effective in the fiscal
year in which such school year ends.
``(e) Liability; Failure To Complete the Period of Obligated
Service; Repayment.--
``(1) Liability.--An individual who has entered into a
written contract with the Secretary under this section shall be
liable to the United States for the amount which has been paid
to, or on behalf of, such individual under the contract, if
such individual--
``(A) fails to maintain an acceptable level of
academic standing in the institution of higher
education in which the individual is enrolled (as
determined by the Secretary taking into account the
requirements of the educational institution offering
such course of study);
``(B) is dismissed from such institution of higher
education for disciplinary reasons;
``(C) voluntarily terminates the training in such
institution of higher education for which such
individual is provided a scholarship under such
contract before the completion of such training; or
``(D) fails to accept payment, or instructs the
institution of higher education in which such
individual is enrolled not to accept payment, under
this section.
``(2) Failure to complete the period of obligated
service.--
``(A) In general.--Subject to paragraph (C), if for
any reason not specified in paragraph (1), an
individual breaches the written contract under this
section by failing either to begin such individual's
period of obligated service or failing to complete such
obligation, the United States shall be entitled to
recover from the individual an amount determined in
accordance with the following formula:
``A = 3Z(t-s/t)
``in which--
``(i) `A' is the amount the United States is
entitled to recover;
``(ii) `Z' is the sum of the amounts paid under
this section to, or on behalf of, the individual and
the interest on such amounts which would be payable if,
at the time the amounts were paid, they were loans
bearing interest at the maximum legal prevailing rate,
as determined by the Treasurer of the United States;
``(iii) `t' is the total number of months in the
individual's period of obligated service in accordance
with subsection (c)(2) of this section; and
``(iv) `s' is the number of months of such period
served by such individual in accordance with this
section.
``(B) Amounts not paid.--Amounts not paid within such
period shall be subject to collection through deductions in
Medicare payments pursuant to section 1395ccc of title 42.
``(C) Delay in the period of obligated service.--An
individual who has entered into a written contract with the
Secretary under this section may petition the Secretary to
delay the date on which the individual would otherwise be
required to begin the period of obligated service if such
individual has not succeeded in obtaining employment required
by this section. In support of such petition, the individual
shall supply such reasonable information as the Secretary may
require. The Secretary shall retain full discretion whether to
grant or decline such a delay and to determine the duration of
any delay that is granted.
``(3) Repayment.--
``(A) In general.--Any amount of damages which the
United States is entitled to recover under this
subsection shall be paid to the United States within
the 1-year period beginning on the date of the breach
or such longer period beginning on such date as shall
be specified by the Secretary.
``(B) Recovery of damages.--If damages described in
subparagraph (A) are delinquent for 3 months, the
Secretary shall, for the purpose of recovering such
damages--
``(i) utilize collection agencies
contracted with by the Administrator of the
General Services Administration; or
``(ii) enter into contracts for the
recovery of such damages with collection
agencies selected by the Secretary.
``(C) Contracts for recovery of damages.--Each
contract for recovering damages pursuant to this
subsection shall provide that the contractor will, not
less than once every 6 months, submit to the Secretary
a status report on the success of the contractor in
collecting such damages. Section 3718 of title 31 shall
apply to any such contract to the extent not
inconsistent with this subsection.
``(4) Death.--Upon the death of an individual who receives,
or has received, an Indian educator scholarship, any obligation
of such individual for service or payment that relates to such
scholarship shall be canceled.
``(5) Waiver.--
``(A) Required waiver.--The Secretary shall provide
for the partial or total waiver or suspension of any
obligation of service or payment of a recipient of an
Indian educator scholarship, if the Secretary
determines that--
``(i) it is not possible for the recipient
to meet the obligation or make the payment;
``(ii) requiring the recipient to meet the
obligation or make the payment would result in
extreme hardship to the recipient; or
``(iii) the enforcement of the requirement
to meet the obligation or make the payment
would be unconscionable.
``(B) Permissible waiver.--Notwithstanding any
other provision of law, in any case of extreme hardship
or for other good cause shown, the Secretary may waive,
in whole or in part, the right of the United States to
recover funds made available under this section.
``(6) Bankruptcy.--
``(A) In general.--Subject to subparagraph (B), and
notwithstanding any other provision of law, with
respect to a recipient of an Indian educator
scholarship, no obligation for payment may be released
by a discharge in bankruptcy under title 11.
``(B) Exception.--The prohibition described in
subparagraph (A) shall not apply if--
``(i) such discharge is granted after the
expiration of the 5-year period beginning on
the initial date on which that payment is due;
and
``(ii) the bankruptcy court finds that the
nondischarge of the obligation would be
unconscionable.
``(f) Placement Assistance.--The Secretary shall assist the
recipient of an Indian educator scholarship in learning about placement
opportunities in eligible schools by transmitting the name and
educational credentials of such recipient to--
``(1) State educational agency clearinghouses for
recruitment and placement of kindergarten, elementary school,
and secondary school teachers and administrators in States with
a substantial number of Indian children;
``(2) elementary schools and secondary schools funded by
the Bureau of Indian Education; and
``(3) tribal education agencies (as defined in section
1116A(b)).
``(g) Other Provisions.--Notwithstanding any other provision of
this title, sections 2101, 2102, 2103, and subparts 1 through 5 of this
part shall not apply to a grant or scholarship awarded under this
section.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $50,000,000
for fiscal year 2012, and each of the 5 succeeding fiscal years.'';
(2) in part B, by striking subparagraph (B) of section
2202(a)(2) (20 U.S.C. 6662(a)(2)) and inserting the following:
``(B) Allotment.--From the amount made available
under this part for a fiscal year and not reserved
under subparagraph (A)(i), the Secretary shall allot--
``(i) one-half of one percent to the
Secretary of the Interior for grants involving
schools funded by the Bureau of Education; and
``(ii) the amount remaining after funds are
distributed in accordance with clause (i), to
the State educational agencies in proportion to
the number of children aged 5 to 17, who are
from families with incomes below the poverty
line and reside in a State for the most recent
fiscal year for which satisfactory data are
available, as compared to the number of such
children who reside in all such States for such
year.''; and
(3) in part C--
(A) in section 2302(b)(2) by striking ``or public
charter schools'' and inserting ``, public charter
schools, or schools funded by the Bureau of Indian
Education''; and
(B) in section 2304--
(i) in subsection (a)(1)(B), by inserting
``or with a school funded by the Bureau of
Indian Education,'' after section ``2101''; and
(ii) in subsection (d)(3), in the matter
preceding subparagraph (A), by striking ``or
public charter school'' and inserting ``public
charter school, or school funded by the Bureau
of Indian Education''.
Subtitle C--Native American Languages Programs
SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN STUDENTS THROUGH
NATIVE AMERICAN LANGUAGES PROGRAMS.
Subpart 1 of part A of title III of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6821 et seq.) is amended by adding at
the end the following:
``SEC. 3117. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN STUDENTS THROUGH
NATIVE AMERICAN LANGUAGES PROGRAMS.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the academic achievement of American
Indian and Alaska Native students through Native American
languages programs; and
``(2) to foster the acquisition of Native American
languages.
``(b) Definitions.--In this section:
``(1) Average.--The term `average', when used with respect
to the number of hours of instruction through the use of a
Native American language, means the aggregate number of hours
of instruction through the use of a Native American language to
all students enrolled in a Native American language program
during a school year divided by the total number of students
enrolled in the program.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency;
``(B) an Indian tribe;
``(C) an Indian organization;
``(D) a federally supported elementary school or
secondary school for Indian children;
``(E) an Indian institution (including an Indian
institution of higher education); or
``(F) a consortium of any of the entities described
in subparagraphs (A) through (E).
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out the
activities described in this section.
``(2) Duration.--
``(A) In general.--The Secretary shall award grants
under this section on a multi-year basis for a duration
of not less than 4 years.
``(B) Renewal.--Grants awarded under this section
may be renewed.
``(d) Applications.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require, in
addition to the information required in this section.
``(2) Contents.--An application submitted under paragraph
(1) shall include a certification from the eligible entity that
the entity has not less than 3 years of experience in operating
and administering a Native American language program or any
other educational program in which instruction is conducted in
a Native American language.
``(e) Uses of Grant Funds.--
``(1) Required uses.--An eligible entity that receives a
grant under this section shall use the grant funds for the
following activities:
``(A) Native American language programs, which are
site-based educational programs that--
``(i) provide instruction through the use
of a Native American language for not less than
10 children for an average of not less than 500
hours;
``(ii) provide for the involvement of
parents (or legal guardians) of students
participating in such a program;
``(iii) develop instructional courses and
materials for learning Native American
languages and for instruction through the use
of Native American languages;
``(iv) provide for teacher training; and
``(v) work toward a goal of all students
participating in such a program achieving--
``(I) fluency in a Native American
language; and
``(II) academic proficiency in
mathematics, English, reading (or
language arts), and science.
``(B) Native American language restoration
programs, which are educational programs that--
``(i) provide instruction in at least 1
Native American language;
``(ii) provide training programs for
teachers of Native American languages;
``(iii) develop instructional materials for
the programs; and
``(iv) work toward a goal of increasing
proficiency and fluency for participating
students in at least 1 Native American
language.
``(2) Permissible uses.--An eligible entity that receives a
grant under this section may use the grant funds for--
``(A) Native American language and culture camps;
``(B) Native American language programs provided in
coordination and cooperation with educational entities;
``(C) Native American language programs provided in
coordination and cooperation with local institutions of
higher education;
``(D) Native American language programs that use a
master-apprentice model of learning languages;
``(E) Native American language programs provided
through a regional program to better serve
geographically dispersed students;
``(F) Native American language teacher training
programs, such as training programs in Native American
language translation for fluent speakers, training
programs for Native American language teachers,
training programs for teachers in schools to utilize
Native American language materials, tools, and
interactive media to teach a Native American language;
and
``(G) the development of Native American language
materials, such as books, audio and visual tools, and
interactive media programs.
``(f) Assurance.--A eligible entity awarded a grant under this
section shall provide an assurance that each instructor of a Native
American language under a program supported with grant funds under this
section is certified to teach such language by the Indian tribe whose
language will be taught.
``(g) Evaluation.--After the completion of the fourth year of a
grant awarded under this section, the Secretary shall--
``(1) carry out a comprehensive evaluation of the programs
carried out by the grantee with grant funds; and
``(2) provide a report on the evaluation to the grantee,
the tribe or tribes whose children are served by the program,
and parents of the children served.
``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $15,000,000
for fiscal year 2012 and each of the 5 succeeding fiscal years.''.
SEC. 132. STATE AND TRIBAL EDUCATION AGENCY AGREEMENTS.
Title III of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6801 et seq.) is amended by adding at the end the following:
``Subpart 5--State and Tribal Education Agency Agreements
``SEC. 3151. STATE AND TRIBAL EDUCATION AGENCY AGREEMENTS.
``(a) Purpose.--The purpose of this section is to facilitate
efforts by tribal education agencies and State educational agencies to
partner with each other in order to--
``(1) improve the academic achievement of Indian children
and youth who reside on reservations and tribal lands; and
``(2) promote tribal self-determination in education.
``(b) Definition.--The term `tribal education agency' means an
agency or administrative unit of an Indian tribe that is authorized by
the tribe to have primary responsibility for regulating, administering,
or supervising early learning or elementary and secondary education on
reservations or tribal lands.
``(c) Authority for Eligible Tribal Education Agencies.--
``(1) In general.--In order to receive the authority and
funds authorized under paragraph (3), an eligible tribal
education agency shall enter into an agreement, subject to
approval by the Secretary, with the appropriate State
educational agency to assume the State educational agency's
responsibility for carrying out activities specified in the
agreement under 1 or more of the programs identified in
paragraph (3)(B)(ii) on the eligible tribal education agency's
reservation or tribal lands.
``(2) Eligibility.--In order for a tribal education agency
to receive the authority or funds described in paragraph (3),
pursuant to an agreement with the State educational agency--
``(A) the eligible tribal education agency's tribe
must have a reservation or tribal lands (which may be
an Alaska Native village), as recognized under Federal
or State law, on which 1 or more publicly administered
schools are operating under State law; and
``(B) not less than 50 percent of the students
enrolled in each such school must be Indians.
``(3) Eligible tribal education agency with an approved
agreement.--In the case of an eligible tribal education agency
that has an approved agreement in place, as described in
paragraph (1), the Secretary shall, consistent with the
agreement--
``(A) treat the eligible tribal education agency as
a State educational agency for the purposes of--
``(i) carrying out on the reservation or
tribal lands, the activities specified in the
agreement under 1 or more of the programs
listed in subparagraph (B)(ii); and
``(ii) section 444 of the General Education
Provisions Act (20 U.S.C. 1232g, commonly known
as the `Family Educational Rights and Privacy
Act of 1974'); and
``(B) provide, or have the State educational agency
provide, to the eligible tribal education agency a
proportion of the funds that are available to--
``(i) carry out State-level activities; and
``(ii) as applicable, award subgrants under
1 or more of the following programs, as
provided for in the agreement:
``(I) State grants under part A of
title I.
``(II) Grants under this Act that
support school turnaround efforts.
``(III) Grants under this Act for
the purpose of assessing achievement.
``(IV) The teacher and principal
training and recruiting fund under part
A of title II.
``(V) Grants under the English
Language Acquisition, Language
Enhancement, and Academic Achievement
Act under part A of title III.
``(VI) The education of migratory
children program under part C of title
I.
``(VII) Grants provided for the
education of homeless children and
youth.
``(VIII) Prevention and
intervention programs for children and
youth who are neglected, delinquent, or
at-risk under part D of title I.
``(IX) Programs under this Act for
rural and low-income schools.
``(4) Eligible tribal education agency without an approved
agreement.--In the case of an eligible tribal education agency
that has not yet entered into an agreement, as described in
paragraph (1), the Secretary may provide technical assistance
to the eligible tribal education agency in order to facilitate
such an agreement.
``(d) Applications.--
``(1) In general.--An eligible tribal education agency that
desires to receive the authority or funds described in
paragraph (c)(3), pursuant to an agreement with a State
educational agency, shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
``(2) Application from an eligible tribal education agency
that has an agreement.--An application from an eligible tribal
education agency that has an agreement in place with the State
educational agency and is seeking the Secretary's approval of
such agreement, in order to gain the authority and funds
described under subsection (c)(3), shall--
``(A) describe the eligible tribal education
agency's current role and responsibilities on the
reservation or tribal lands; and
``(B) provide a copy of the agreement described
under subsection (c)(1), which shall, at a minimum--
``(i) identify each program listed in
subsection (c)(3)(B)(ii) for which the
applicant will assume some or all of the State-
level responsibility on the reservation or
tribal lands under the agreement;
``(ii) describe the State-level activities
that the tribal education agency will carry out
under such program, and the division of roles
and responsibilities between the tribal
education agency and the State educational
agency in carrying out such activities,
including, if applicable, any division of
responsibility for awarding subgrants to local
educational agencies;
``(iii) identify the administrative and
fiscal resources that the applicant will have
available to carry out such activities; and
``(iv) provide evidence of any other
collaboration with the State educational agency
in administering State-level activities for the
programs listed in subsection (c)(3)(B)(ii).
``(3) Application from an eligible tribal education agency
that has not yet entered into an agreement with a state
educational agency.--An application from an eligible tribal
education agency that has not yet entered into an agreement
with a State educational agency, as described under subsection
(c)(1), shall include a description of--
``(A) the program authority that the eligible
tribal education agency would like to obtain and the
State-level activities that the eligible tribal
education agency would like to carry out;
``(B) the eligible tribal education agency's role
and responsibilities on the reservation or tribal lands
and administrative and fiscal capability and resources
at the time of the application; and
``(C) the proposed process and time period for
entering into the agreement described under subsection
(c)(1).
``(e) Special Rule.--If the tribal education agency and State
educational agency are unable to reach an agreement that the Secretary
approves, the Secretary may, at the request of either agency and for a
reasonable period, use all or a portion of the State's administrative
funds for the program listed in subsection (c)(3)(B)(ii) for which an
application is made, in order to facilitate an agreement (such as
through alternative dispute resolution).
``(f) Review and Reporting.--
``(1) Review.--The Secretary shall require an eligible
tribal education agency and a State educational agency that
have an approved agreement to--
``(A) periodically review the agreement; and
``(B) if appropriate, revise the agreement and
submit the revised agreement to the Secretary for
approval.
``(2) Report.--An eligible tribal education agency and a
State educational agency that have an approved agreement shall
report to the Secretary every 2 years about the effectiveness
of the agreement.''.
Subtitle D--21st Century Schools
SEC. 141. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS.
Subpart 2 of part A of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at
the end the following:
``SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS.
``From funds made available to carry out this subpart, the
Secretary shall--
``(1) establish a program to improve school environments
and student skill development for healthy choices for Native
American students, including--
``(A) prevention regarding--
``(i) alcohol and drug misuse;
``(ii) suicide;
``(iii) violence;
``(iv) pregnancy; and
``(v) obesity;
``(B) nutritious eating programs; and
``(C) anger and conflict management programs;
``(2) establish a program for school dropout prevention for
Native American students; and
``(3) collaborate with the Secretary of Agriculture to
establish tribal-school specific school gardens and nutrition
programs that are within the tribal cultural context.''.
Subtitle E--Indian, Native Hawaiian, and Alaska Native Education
SEC. 151. PURPOSE.
Section 7102 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7402) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Purpose.--It is the purpose of this subpart to support the
efforts of local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities to improve the academic
achievement of American Indian and Alaska native students by meeting
their unique cultural, language, and educational needs.''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) strengthening American Indian and Alaska Native
students' knowledge of their languages, history, traditions,
and cultures;''.
SEC. 152. PURPOSE OF FORMULA GRANTS.
Section 7111 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7421) is amended to read as follows:
``SEC. 7111. PURPOSE.
``It is the purpose of this subpart to support the efforts of local
educational agencies to develop elementary school and secondary school
programs for Indian students that are designed to meet the unique
cultural, language and educational needs of such students.''.
SEC. 153. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
Section 7112 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7422) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) Grant awards.--The Secretary''; and
(B) by adding at the end the following:
``(2) Consortia.--
``(A) In general.--Two or more local educational agencies
may form a consortium to apply for and carry out a program
under this subpart, as long as each local educational agency
participating in the consortium--
``(i) provides an assurance to the Secretary that
the eligible Indian children served by such local
educational agency receive the services of the programs
funded under this subpart; and
``(ii) shall be subject to all requirements,
assurances, and obligations applicable to local
educational agencies under this subpart.
``(B) Applicability.--The Secretary shall treat each
consortium described in subparagraph (A) as if such consortium
were a local educational agency for purposes of this
subpart.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Enrollment requirements.--
``(A) In general.--Subject to subparagraph (B), a
local educational agency shall be eligible for a grant
under this subpart for any fiscal year if the number of
Indian children eligible under section 7117 who were
enrolled in the schools of the agency, and to whom the
agency provided free public education, during the
preceding fiscal year--
``(i) was at least 10; or
``(ii) constituted not less than 25 percent
of the total number of individuals enrolled in
the schools of such agency.
``(B) Special rule.--Notwithstanding any other
provision of this Act, in any case where an Indian
tribe that represents a plurality of the eligible
Indian children who are served by a local educational
agency eligible for a grant under this subpart requests
that the local educational agency enter into a
cooperative agreement with such tribe to assist in the
planning and operation of the program funded by such
grant, the local educational agency shall enter into
such an agreement as a condition for receiving funds
under this subpart.''; and
(B) in paragraph (2), by striking ``a reservation''
and inserting ``an Indian reservation'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``such grant,
an'' and inserting the following: ``such grant--
``(A) an Indian tribe that represents a plurality
of the eligible Indian children who are served by such
local educational agency may apply for such grant; or
``(B) a consortium of Indian tribes representing a
plurality of the eligible Indian children who are
served by such local educational agency may apply for
such grant.''; and
(B) in paragraph (2)--
(i) by inserting ``or consortium of Indian
tribes'' after ``each Indian tribe'';
(ii) by inserting ``or such consortium''
after ``such Indian tribe''; and
(iii) by inserting ``or consortium'' after
``any such tribe''; and
(4) by adding at the end the following:
``(d) Indian Committee.--If neither a local educational agency
pursuant to subsection (b), nor an Indian tribe or consortium of Indian
tribes pursuant to subsection (c), applies for a grant under this
subpart, a committee of Indian individuals in the community of the
local educational agency may apply for such grant and the Secretary
shall apply the special rule in subsection (c)(2) to such committee in
the same manner as such rule applies to an Indian tribe or consortium
of Indian tribes.''.
SEC. 154. AMOUNT OF GRANTS.
Section 7113 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7423) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``$3,000'' and
inserting ``$10,000'';
(B) in paragraph (2)--
(i) by inserting ``and Indian tribes''
after ``Local educational agencies''; and
(ii) by inserting ``and operating
programs'' after ``obtaining grants''; and
(C) by striking ``$4,000'' and inserting
``$15,000''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking
``Affairs'' and inserting ``Education''; and
(B) in paragraph (1)(A)(i), by striking ``Affairs''
and inserting ``Education''.
SEC. 155. APPLICATIONS.
Section 7114 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7424) is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``is
consistent with the State and local'' and
inserts ``supports the State, tribal, and
local''; and
(ii) in subparagraph (B), by striking ``,
that are'' and all that follows through ``all
children''; and
(B) in paragraph (3), by striking ``, especially
programs carried out under title I,'';
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``and'' after the semicolon; and
(ii) by adding at the end the following:
``(C) the parents of Indian children and
representatives of Indian tribes on the committee
described in subsection (c)(5) will participate in the
planning of the professional development materials;
and''; and
(D) in paragraph (6)(B)--
(i) in clause (i), by striking ``and''
after the semicolon; and
(ii) by adding at the end the following:
``(iii) each Indian tribe whose children
are served by the local educational agency;
and'';
(2) in subsection (c)--
(A) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) the local educational agency will use funds received
under this subpart only for activities described and authorized
in this subpart;'';
(C) in paragraph (3) (as redesignated by
subparagraph (1))--
(i) in subparagraph (A), by striking
``and'' after the semicolon;
(ii) in subparagraph (B), by inserting
``and'' after the semicolon; and
(iii) by adding at the end the following:
``(C) determine the extent to which such activities
address the unique cultural, language, and educational
needs of Indian students;'';
(D) in paragraph (4)(C) (as redesignated by
paragraph (1)), by striking ``and teachers,'' and
inserting ``teachers, and representatives of Indian
tribes with reservations located within 50 miles of any
of the schools (if any such tribe has children in any
such school)'';
(E) in paragraph (5)--
(i) in subparagraph (A)--
(I) by redesignating clauses (ii)
and (iii) as clauses (iii) and (iv),
respectively; and
(II) by inserting after clause (i)
the following:
``(ii) representatives of Indian tribes
with reservations located within 50 miles of
any of the schools, if any such tribe has
children in any such school;'';
(ii) in subparagraph (B), by inserting
``and representatives of Indian tribes
described in subparagraph (A)(ii), if
applicable'' before the semicolon at the end;
and
(iii) in subparagraph (D)--
(I) in clause (i), by striking
``and'' after the semicolon; and
(II) by adding at the end the
following:
``(iii) determined that the program will
directly enhance the educational experience of
American Indian and Alaska Native students;
and''; and
(3) by adding at the end the following:
``(d) Outreach.--The Secretary shall monitor the applications for
grants under this subpart to identify eligible local educational
agencies and schools operated by the Bureau of Indian Education that
have not applied for grants, and shall undertake appropriate outreach
activities to encourage and assist such entities to submit
applications.''.
SEC. 156. AUTHORIZED SERVICES AND ACTIVITIES.
Section 7115 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7425) is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (1) through (11) as
paragraphs (2) through (12), respectively;
(B) by inserting before paragraph (2) (as
redesignated by subparagraph (A)) the following:
``(1) the activities that support Native American language
programs and Native American language restoration programs,
such as those programs described in section 7123;'';
(C) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``and directly support
the attainment of challenging State academic content
and student academic achievement standards'';
(D) in paragraph (5) (as redesignated by
subparagraph (A)), by striking ``that meet the needs of
Indian children and their families'' and inserting ``,
including programs that promote parental involvement in
school activities and promote parental involvement to
increase student achievement, in order to meet the
unique needs of Indian children and their families'';
(E) in paragraph (10) (as redesignated by
subparagraph (A)), by striking ``, consistent with
State standards''; and
(F) in paragraph (12) (as redesignated by
subparagraph (A)), by striking ``, and incorporate
appropriately qualified tribal elders and seniors'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide program
will produce benefits to the Indian students that would not be
achieved if the funds were not used in a schoolwide program.''.
SEC. 157. STUDENT ELIGIBILITY FORMS.
Section 7117(e) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7427(e)) is amended--
(1) by striking ``For purposes'' and inserting the
following:
``(1) In general.--For purposes''; and
(2) by adding at the end the following:
``(2) Records.--Once a child is determined to be an Indian
eligible to be counted for such grant award, the local
educational agency shall maintain a record of such
determination and the local educational agency and Secretary
shall not require a new or duplicate determination to be made
for such child for a subsequent application for a grant under
this subpart.''.
SEC. 158. TECHNICAL ASSISTANCE.
Subpart 1 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7421 et seq.) is further amended by
adding at the end the following:
``SEC. 7120. TECHNICAL ASSISTANCE.
``The Secretary shall, directly or through a contract, provide
technical assistance to a local educational agency upon request (in
addition to any technical assistance available under any other
provision of this Act or available through the Institute of Education
Sciences) to support the services and activities provided under this
subpart, including technical assistance for--
``(1) the development of applications under this subpart;
``(2) improvement in the quality of implementation, content
of activities, and evaluation of activities supported under
this subpart; and
``(3) integration of activities under this title with other
educational activities established by the local educational
agency.''.
SEC. 159. AMENDMENTS RELATING TO TRIBAL COLLEGES AND UNIVERSITIES.
Subpart 2 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended--
(1) in section 7121(b), by striking ``Indian institution
(including an Indian institution of higher education)'' and
inserting ``Tribal College or University, as defined in section
316(b) of the Higher Education Act of 1965''; and
(2) in section 7122--
(A) in subsection (b)--
(i) by striking paragraph (1) and inserting
the following:
``(1) a Tribal College or University, as defined in section
316(b) of the Higher Education Act of 1965;''; and
(ii) in paragraph (4), by striking the
period and inserting ``, in consortium with not
less than 1 Tribal College or University, as
defined in section 316(b) of the Higher
Education Act of 1965.''; and
(B) in subsection (f)--
(i) by redesignating paragraphs (1) and (2)
as paragraphs (2) and (3), respectively;
(ii) by inserting after ``the Secretary--''
the following:
``(1) shall give priority to tribally chartered
institutions of higher education;'';
(iii) in paragraph (2), as redesignated, by
striking ``shall'' and inserting ``may''; and
(iv) in paragraph (3), as redesignated, by
striking ``basis of--'' and all that follows
through ``grants'' and inserting ``basis of the
length of any period during which the eligible
entity has received a grant or grants''.
SEC. 160. TRIBAL EDUCATIONAL AGENCY COOPERATIVE AGREEMENTS.
Subpart 2 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at
the end the following:
``SEC. 7123. TRIBAL EDUCATION AGENCY COOPERATIVE AGREEMENTS.
``(a) In General.--Notwithstanding any other provision of this Act,
an Indian tribe may enter into a cooperative agreement with a State
educational agency or a local education agency that serves a school
within the Indian lands of such Indian tribe.
``(b) Cooperative Agreement.--Upon the request of an Indian tribe
that includes, within the Indian lands of the tribe, a school served by
a State educational agency or a local educational agency that receives
assistance under this Act, the State educational agency or local
educational agency shall enter into a cooperative agreement with the
Indian tribe with respect to such school. The Indian tribe and the
State educational agency or local educational agency, as the case may
be, shall determine the terms of the agreement, and the agreement may--
``(1) authorize the tribal education agency of the Indian
tribe to plan, conduct, consolidate, and administer programs,
services, functions, and activities, or portions thereof,
administered by the State educational agency or local
educational agency; and
``(2) authorize the tribal education agency to reallocate
funds for such programs, services, functions, and activities,
or portions thereof as necessary.
``(c) Disagreement.--If an Indian tribe has requested a cooperative
agreement under subsection (b) with a State educational agency or local
educational agency that receives assistance under this Act, and the
Indian tribe and State educational agency or local educational agency
cannot reach an agreement, the Indian tribe may submit to the Secretary
the information that the Secretary determines relevant to make a
determination. The Secretary shall provide notice to the affected State
educational agency or local educational agency not later than 30 days
after receiving the Indian tribe's submission. After such notice is
made, the State educational agency or local educational agency has 30
days to submit information that the Secretary determines relevant in
relation to the disagreement. After the 30 days provided to the State
educational agency or local educational agency has elapsed, the
Secretary shall make a determination.
``(d) Consortium of Tribes.--Nothing in this section shall preclude
the development and submission of a single tribal education agencies
pilot project cooperative agreement by the participating Indian tribes
of an intertribal consortium.
``(e) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' has the meaning
given that term in section 8013.
``(2) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, other organized group or community,
including any Native village or Regional Corporation or Village
Corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act, that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.''.
SEC. 161. TRIBAL EDUCATION AGENCIES PILOT PROJECT.
Subpart 2 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by
adding at the end the following:
``SEC. 7124. TRIBAL EDUCATION AGENCIES PILOT PROJECT.
``(a) Purpose.--There is established a pilot project to be known as
the `Tribal Education Agency Pilot Project' that authorizes not more
than 5 qualifying Indian tribes per year to be eligible to receive
grants with the Secretary to administer State educational agency
functions authorized under this Act for schools that meet the
eligibility criteria described in subsection (e). These functions
include all grants, including grants allocated through formulas and
discretionary grants allocated on a competitive basis, that are awarded
under this Act.
``(b) Planning Phase.--
``(1) In general.--Each Indian tribe seeking to participate
in the Tribal Education Agencies Pilot Project shall complete a
planning phase. The planning phase shall include--
``(A) the development of an education plan for the
schools that meet the eligibility criteria described in
subsection (e) and that will be served under the pilot
project; and
``(B) demonstrated coordination and collaboration
partnerships, including cooperative agreements with
each local educational agency that serves a school
meeting the criteria described in subsection (e).
``(2) Exemption.--The Secretary may waive the planning
phase, upon the application of an Indian tribe, if the Indian
tribe has--
``(A) been operating a tribal education agency
successfully for 2 or more years; and
``(B) can demonstrate compliance with the fiscal
accountability provision of 5(f)(1) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450c(f)(1)), relating to the submission of a single-
agency audit report required by chapter 75 of title 31,
United States Code.
``(c) Funding Agreement.--After an Indian tribe has successfully
completed the planning phase, the Secretary shall award a grant and
enter into a funding agreement to the Indian tribe to enable the tribal
education agency of the tribe to administer all State educational
agency functions described in subsection (a) for the schools that meet
the eligibility criteria described in subsection (e). Each funding
agreement shall--
``(1) identify the programs, services, functions, and
activities that the tribal education agency will be
administering for such schools;
``(2) determine the amount of funds to be provided to the
Indian tribe by the allocations or grant amounts that would
otherwise be provided to the State educational agency, as
appropriate; and
``(3) ensure that the Secretary provides such funds
directly to the tribe to administer such programs.
``(d) Eligibility.--In order to serve a school through a funding
agreement under this section, the Indian tribe shall demonstrate--
``(1) that the school meets 1 or more of the following
criteria--
``(A) the school is funded by the Bureau of Indian
Affairs, whether directly or through a contract or
compact with an Indian tribe or a tribal consortium;
``(B) the school receives payments under title VII
because of students living on Indian land;
``(C) the school is located on Indian land; and
``(D) a majority of the students in the school are
American Indian or Alaska Native; and
``(2) that the Indian tribe--
``(A) has the capacity to administer the functions
for which the tribe applies for such school, including
compliance with the fiscal accountability provision of
5(f)(1) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450c(f)(1)), relating to the
submission of a single-agency audit report required by
chapter 75 of title 31, United States Code; and
``(B) satisfies such other factors that the
Secretary deems appropriate.
``(e) Geographical Diversity.--In awarding grants under this
section, the Secretary shall ensure that grants are provided and grant
amounts are used in a manner that results in national geographic
diversity among Indian tribes applying for grants under this section.
``(f) Consortium of Tribes.--Nothing in this section shall preclude
the development and submission of a single tribal education agencies
pilot project by the participating Indian tribes of an intertribal
consortium.
``(g) Reporting Requirements.--The Secretary shall submit to
Congress a written report 3 years after the date of enactment of this
Act that--
``(1) identifies the relative costs and benefits of tribal
education agencies, as demonstrated by the grants;
``(2) identifies the funds transferred to each tribal
education agency and the corresponding reduction in the Federal
bureaucracy; and
``(3) includes the separate views of each Indian tribe
participating in the pilot project.
``(h) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' has the meaning
given that term in section 8013.
``(2) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, other organized group or community,
including any Native village or Regional Corporation or Village
Corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act, that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2012
and each of the 5 succeeding fiscal years.''.
SEC. 162. IMPROVE SUPPORT FOR TEACHERS AND ADMINISTRATORS OF NATIVE
AMERICAN STUDENTS.
Subpart 2 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at
the end the following:
``SEC. 7125. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS AND
ADMINISTRATORS OF NATIVE AMERICAN STUDENTS.
``(a) Grants Authorized.--The Secretary shall award grants to
eligible entities to enable such entities to create or expand a teacher
or administrator, or both, pipeline for teachers and administrators of
Native American students.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means--
``(1) a local educational agency;
``(2) an institution of higher education; or
``(3) a nonprofit organization.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to Tribal Colleges and Universities (as
defined in section 316 of the Higher Education Act of 1965).
``(d) Activities.--An eligible entity that receives a grant under
this section shall create a program that shall prepare, recruit, and
provide continuing education for teachers and administrators of Native
American students, in particular for teachers of--
``(1) science, technology, engineering, and mathematics;
``(2) subjects that lead to health professions; and
``(3) green skills and `middle skills', including
electrical, welding, technology, plumbing, and green jobs.
``(e) Incentives for Teachers and Administrators.--An eligible
entity that receives a grant under this section may provide incentives
to teachers and principals who make a commitment to serve high-need,
high-poverty, tribal schools, including in the form of scholarships,
loan forgiveness, incentive pay, or housing allowances.
``(f) School and Community Orientation.--An eligible entity that
receives a grant under this section shall develop an evidence-based,
culturally-based school and community orientation for new teachers and
administrators of Native American students.''.
SEC. 163. NATIONAL BOARD CERTIFICATION INCENTIVE DEMONSTRATION PROGRAM.
Subpart 2 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by
adding at the end the following:
``SEC. 7126. NATIONAL BOARD CERTIFICATION INCENTIVE DEMONSTRATION
PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the skills of qualified individuals that
teach Indian people; and
``(2) to provide an incentive for qualified teachers to
continue to utilize their enhanced skills in schools serving
Indian communities.
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means--
``(1) a State educational agency or local educational
agency, in consortium with an institution of higher education;
``(2) an Indian tribe or organization, in consortium with a
local educational agency; or
``(3) a Bureau-funded school (as defined in section 1146 of
the Education Amendments of 1978).
``(c) Program Authorized.--For fiscal years 2012 through 2018, the
Secretary is authorized to award grants to eligible entities having
applications approved under this section to enable those entities to--
``(1) reimburse individuals who teach Indian people with
out-of-pocket costs associated with obtaining National Board
Certification; and
``(2) providing a minimum of $5,000 but not more than a
$10,000 increase in annual compensation for National Board
Certified individuals for the duration of the Demonstration
Project.
``(d) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information, as the Secretary
may require. In reviewing applications under this section, the
Secretary shall ensure that the eligible entities--
``(1) are located within the boundaries of a reservation;
and
``(2) maintain an average enrollment of at least 30 percent
of students that reside within the boundaries of a reservation.
``(e) Restrictions on Compensation Increases.--The Secretary shall
require and ensure that National Board Certified individuals continue
to teach at the eligible entity as a condition of receiving annual
compensation increases provided for in this section.
``(f) Progress Reports.--In fiscal years 2015 and 2018, the
Comptroller General of the United States shall provide a report on the
progress of the entities receiving awards in meeting applicable
progress standards.''.
SEC. 164. TRIBAL LANGUAGE IMMERSION SCHOOLS.
Subpart 2 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by
adding at the end the following:
``SEC. 7127. TRIBAL LANGUAGE IMMERSION SCHOOLS.
``(a) Purpose.--It is the purpose of this section to establish a
grant program to permit eligible schools to use American Indian, Alaska
Native, and Native Hawaiian languages as the primary language of
instruction of all curriculum taught at the schools (referred to in
this section as `immersion schools') in order to increase the number of
American Indian, Alaska Native, and Native Hawaiian graduates at all
levels of education, and to increase the proficiencies of these
students in the curriculum being taught.
``(b) Program Authorized.--From the amounts made available to carry
out this section, the Secretary may award grants to eligible schools to
develop and maintain, or to improve and expand, programs that support
articulated Native language learning in kindergarten through
postsecondary education programs.
``(c) Eligible School; Definition.--In this section--
``(1) the term `eligible school' means a school that
provides elementary or secondary education or a Tribal College
or University, including an elementary or secondary school
operated by a Tribal College or University, that has, or can
present a plan for development of, an immersion school or
courses in which instruction is provided for a minimum 900
hours per academic year; and
``(2) the term `Tribal College or University' has the
meaning given that term in section 316(b) of the Higher
Education Act of 1965.
``(d) Application.--An eligible school seeking a grant under this
section shall submit an application to the Secretary at such time and
in such manner as the Secretary may require, that includes the
following information:
``(1) The number of students attending the school.
``(2) The number of present hours of tribal language
instruction being provided to students at the school, if any.
``(3) The status of school with regard to any applicable
Tribal Education Department or agency, public education system,
or accrediting body.
``(4) A statement that the school is engaged in meeting
targeted proficiency levels for students as may be required by
applicable Federal, State, or tribal law.
``(5) A statement identifying how the proficiency levels
for students being educated, or to be educated, at the tribal
language immersion school are, or will be, assessed.
``(6) A list of the instructors at the tribal language
immersion school and their qualifications.
``(7) A list of any partners or subcontractors with the
tribal language immersion school who may assist in the
provision of instruction in the immersion setting, and the role
of such partner or subcontractor.
``(8) Any other information that the Secretary may require.
``(e) Additional Eligibility Requirements.--When submitting an
application for a grant under this section, each eligible school shall
submit:
``(1) A certificate from a federally recognized Indian
tribe, or a letter from any organized American Indian, Alaska
Native, or Native Hawaiian community, on whose lands the school
is located, or which is served by the school, or from a
tribally controlled college or university (as defined in
section 2 of the Tribally Controlled College or University
Assistance Act of 1978) that is operating the school,
indicating that the school has the capacity to provide language
immersion education and that there are sufficient native
speakers at the school or available to be hired by the school
who are trained as educators who can provide the education
services required by the school in the native language used at
the immersion school and who will satisfy any requirements of
any applicable law for educators generally.
``(2) An assurance that the school will participate in data
collection conducted by the Secretary that will determine best
practices and further academic evaluation of the immersion
school.
``(3) A demonstration of the capacity to have native
language speakers provide the basic education offered by the
school for the minimum 900 hours per academic year as required
under the grant.
``(f) Activities Authorized.--The following activities are the
activities that may be carried out by the eligible schools that receive
a grant under this section:
``(1) Development of an articulated instructional
curriculum for the language of the tribe, American Indian,
Alaska Native, or Hawaiian community served by the school
applying for the grant.
``(2) In-service and preservice development of teachers and
paraprofessionals who will be providing the instruction in the
native language involved.
``(3) Development of contextual, experiential programs, and
curriculum materials related to the indigenous language of the
community which the immersion school serves.
``(g) Number, Amount, and Diversity of Languages in Grants.--Based
on the amount appropriated by Congress as authorized by this section,
and the number of eligible schools applying for a grant under this
section, the Secretary may determine the amounts and length of each
grant made under this section and shall ensure, to the maximum extent
practicable, that diversity in languages is represented in such grants.
``(h) Report to Secretary.--Each eligible school receiving a grant
under this section shall provide an annual report to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require.
``(i) Authorization of Appropriations.--Notwithstanding any other
section authorizing funds to be appropriated for carrying out the
purposes of this title, there is authorized to be appropriated to carry
out this section $5,000,000 for the first full fiscal year following
the date of enactment of this section, and such sums as are necessary
in the 4 following fiscal years.''.
SEC. 165. COORDINATION OF INDIAN STUDENT INFORMATION.
Subpart 3 of part A of title VII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7451 et seq.) is amended by adding at
the end the following:
``SEC. 7137. COORDINATION OF INDIAN STUDENT INFORMATION.
``(a) Purpose.--Consonant with the United States' unique and
continuing trust responsibility to Indian people for the education of
Indian children as described in section 7101, it is the purpose of this
section to enable the Secretary to establish or improve the
effectiveness and efficiency of programs for coordination among
educational agencies and schools for the linkage and exchange of
student records of Indian children.
``(b) Grants Authorized.--
``(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, the States, and Indian tribes, is
authorized to make grants to, or enter into contracts with,
State educational agencies, local educational agencies, Indian
tribes, Indian organizations, tribal education agencies,
institutions of higher education, other public and private
nonprofit organizations, and consortia of all such entities, to
improve the collection, coordination, and electronic exchange
of Indian student records between State educational agencies,
local educational agencies, and elementary schools and
secondary schools funded by the Bureau of Indian Education.
``(2) Preference.--In awarding grants under this section,
the Secretary shall give preference to--
``(A) entities that are Indian tribes, Indian
organizations, tribal education agencies; or
``(B) consortia that include 1 or more such
entities.
``(3) Grant duration.--Each grant awarded under this
section shall be for a duration of not more than 5 years.
``(c) Assistance.--
``(1) In general.--The Secretary shall assist the Secretary
of the Interior, the States, and elementary schools and
secondary schools funded by the Bureau of Indian Education in
developing effective methods for--
``(A) the electronic transfer of student records of
Indian children;
``(B) the determination of the number of Indian
children in each State, disaggregated by the local
educational agency in which such children reside; and
``(C) the determination of the extent to which
Indian children under the age of 18 who have not
achieved a secondary school diploma are not enrolled in
any school.
``(2) Information systems.--
``(A) In general.--Using amounts made available
under subsection (e), the Secretary, in consultation
with the Secretary of the Interior, the States, and
elementary schools and secondary schools funded by the
Bureau of Indian Education, shall award grants or
contracts to, or enter agreements with, State
educational agencies and local educational agencies,
and provide funds to the Secretary of the Interior in
accordance with subsection (d) in order to ensure the
linkage of Indian student records systems for the
purpose of electronically exchanging, among and between
State educational agencies, local educational agencies,
and schools, health and educational information
regarding all Indian students. The Secretary of
Education shall ensure such linkage occurs in a cost-
effective manner, and to the extent practicable,
utilizes systems, if any, used prior to the date of
enactment of this section.
``(B) Data elements.--The Secretary shall identify
the data elements that each State receiving assistance
under this subsection and the Secretary of the Interior
shall collect and maintain for each Indian student
enrolled in a school, which, at a minimum, shall
include--
``(i) the student's enrollment and
disenrollment in any elementary and secondary
school, and the grade levels successfully
completed at such school;
``(ii) the student's immunization records
and other health information;
``(iii) the student's elementary and
secondary academic history (including partial
credit), credit accrual, and results from any
assessments required by Federal law;
``(iv) other academic information essential
to ensuring that Indian children achieve high
standards; and
``(v) the student's eligibility for
services under the Individuals with
Disabilities Education Act.
``(C) Notice and comment.--After fulfilling the
consultation required under subparagraph (A), the
Secretary shall publish a notice in the Federal
Register seeking public comment on the proposed data
elements that the Secretary of the Interior and each
State shall be required to collect for purposes of
electronic transfer of Indian student information with
respect to schools assisted under this Act and the
requirements the Secretary of the Interior and the
States shall meet for immediate electronic access to
such information. Such publication shall occur not
later than 180 days after the date of enactment of this
section.
``(3) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this Act, or an elementary school or secondary school funded by
the Bureau of Indian Education, shall make student records
available at request of any other educational agency or school
at no cost to the requesting agency or school if the request is
made in order to meet the needs of an Indian child who is
enrolled, or was enrolled, in the school receiving assistance
under this Act.
``(d) Report to Congress.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Secretary shall prepare and
submit, to the Committee on Health, Education, Labor, and
Pensions and the Committee on Indian Affairs of the Senate, and
the Committee on Education and the Workforce of the House of
Representatives a report--
``(A) describing the status of the implementation
of this section; and
``(B) including recommendations from the Secretary
and the Secretary of the Interior regarding the
collection, coordination and exchange of health and
educational information on Indian children by the
Secretary of the Interior, the States, and elementary
schools and secondary schools funded by the Bureau of
Indian Education.
``(2) Required contents.--The Secretary shall include in
the report and recommendations described in paragraph (1)--
``(A) a report on the progress made by the
Secretary of the Interior, the States, and elementary
schools and secondary schools funded by the Bureau of
Indian Education in developing and linking electronic
records transfer systems;
``(B) recommendations for the development, linkage,
and maintenance of such systems;
``(C) recommendations for measures that may be
taken to ensure the continuity and enhancement of
services to Indian students;
``(D) a report from the Secretary of the Interior
describing the extent to which funding supplied to
elementary schools and secondary schools funded by the
Bureau of Indian Education pursuant to subsection
(e)(2)(B) is sufficient to enable those schools to
develop and operate electronic records transfer
systems; and
``(E) a report on recommendations made by Indian
tribes, Indian organizations, tribal departments of
education, and elementary schools and secondary schools
funded by the Bureau of Indian Education, and consortia
of such entities, regarding implementation of this
section and the extent to which such recommendations
were taken into account.
``(3) Publication in federal register.--Not later than 14
days after the report described in paragraph (1) is submitted
to Congress, the Secretary shall publish such report in the
Federal Register.
``(e) Availability of Funds.--
``(1) Reservation.--For the purpose of carrying out this
section in any fiscal year, the Secretary shall reserve
$20,000,000 of the amount appropriated pursuant to subsection
(c) of section 7152.
``(2) Allotment for the secretary of the interior.--
``(A) In general.--From the amounts reserved
pursuant to paragraph (1), the Secretary shall transfer
to the Secretary of the Interior $8,000,000 for each
fiscal year to be used as described in subparagraph
(B).
``(B) Distribution and use of funds.--The Secretary
of the Interior shall distribute all funds transferred
pursuant to subparagraph (A) to elementary schools and
secondary schools funded by the Bureau of Indian
Education for use by such schools to pay the costs of
establishing and participating in systems for the
orderly linkage and exchange of student records of
Indian children. To facilitate such establishment and
participation by such schools, the Secretary of the
Interior shall, at the request of any such school,
supply technical assistance. Amounts required to be
supplied to elementary and secondary schools operated
by Indian tribes or tribal organizations pursuant to
contracts issued under authority of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.) or pursuant to grants issued under
authority of the Tribally Controlled Schools Act (25
U.S.C. 2501 et seq.) shall be added to the respective
contracts or grants of such tribes or tribal
organizations.
``(f) Data Collection.--The Secretary shall direct the National
Center for Education Statistics to collect data on Indian children.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $20,000,000
for fiscal year 2012 and each of the 5 succeeding fiscal years.''.
SEC. 166. AUTHORIZATION OF APPROPRIATIONS.
Section 7152 (20 U.S.C. 7492) is amended to read as follows:
``SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Subpart 1.--For the purpose of carrying out subpart 1, there
are authorized to be appropriated $130,000,000 for fiscal year 2012 and
such sums as may be necessary for each of the 5 succeeding fiscal
years.
``(b) Subpart 2.--For the purpose of carrying out subpart 2, there
are authorized to be appropriated $50,000,000 for fiscal year 2012 and
such sums as may be necessary for each of the 5 succeeding fiscal
years.
``(c) Subpart 3.--For the purpose of carrying out subpart 3, there
are authorized to be appropriated $25,000,000 for fiscal year 2012 and
such sums as may be necessary for each of the 5 succeeding fiscal
years.''.
Subtitle F--Impact Aid
SEC. 171. IMPACT AID.
Section 8004 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7704) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``, prior to any
final decision by the agency on how funds received
under section 8003 will be spent'' after ``benefits of
such programs and activities'';
(B) in paragraph (5)--
(i) by inserting ``local education'' after
``to such''; and
(ii) by inserting ``, prior to any final
decision by the agency on how funds received
under section 8003 will be spent'' after
``educational program'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (b) the following:
``(c) Annual Summary.--On an annual basis, a local educational
agency that claims children residing on Indian lands for the purpose of
receiving funds under section 8003 shall provide Indian tribes with--
``(1) a summary of programs and activities that were
created for the claimed children, or in which the claimed
children participate; and
``(2) the funding received under section 8003 in the prior
and current fiscal years attributable to such claimed
children.''; and
(4) by inserting after subsection (g), as so redesignated,
the following:
``(h) Timely Payments.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall pay a local educational agency that claims children
residing on Indian lands for the purpose of receiving funds
under section 8003 the full amount that the agency is eligible
to receive under this title for a fiscal year not later than
September 30 of the second fiscal year following the fiscal
year for which such amount has been appropriated if, not later
than 1 calendar year following the fiscal year in which such
amount has been appropriated, such local educational agency
submits to the Secretary all the data and information necessary
for the Secretary to pay the full amount that the agency is
eligible to receive under this title for such fiscal year.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--For a fiscal year in
which the amount appropriated under section 8014 is
insufficient to pay the full amount a local educational agency
is eligible to receive under this title, paragraph (1) shall be
applied by substituting `is available to pay the agency' for
`the agency is eligible to receive' each place it appears.''.
Subtitle G--General Provisions
SEC. 181. HIGHLY QUALIFIED DEFINITION.
Section 9109(23) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801(23)) is amended--
(1) in subparagraph (B)(ii)(II), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C)(ii)(VII), by striking the period
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) when used with respect to any public
elementary school or secondary school teacher teaching
Native American language, history, or culture in a
State or any Bureau of Indian Affairs funded or
operated school, means a teacher certified by an Indian
tribe as highly qualified to teach such subjects.''.
SEC. 182. APPLICABILITY OF ESEA TO BUREAU OF INDIAN EDUCATION SCHOOLS.
Section 9103 (20 U.S.C. 7821) is amended to read as follows:
``SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION SCHOOLS.
``(a) In General.--For the purpose of any competitive program under
this Act, a school described in subsection (b) shall have the same
eligibility for and be given the same consideration as a local
educational agency with regard to such program.
``(b) Description of Schools.--A school described in this
subsection is--
``(1) a school funded by the Bureau of Indian Education
(including a school operated under a contract or grant with the
Bureau of Indian Education), or a consortium of such schools;
or
``(2) a school funded by the Bureau of Indian Education in
consortium with an Indian tribe, institution of higher
education, tribal organization or community organization.
``(c) Outreach.--The Secretary shall perform outreach to schools
and consortia described in subsection (b) to encourage such schools and
consortia to apply for each competitive program under this Act, and
shall provide technical assistance as needed to enable such schools and
consortia to submit applications for such programs.
``(d) Collaboration.--The Secretary shall collaborate with the
Secretary of the Interior to provide training and technical assistance
to the Bureau of Indian Education, Indian tribes, and schools operated
under contracts and grants from the Bureau of Indian Education,
regarding--
``(1) curriculum selection, including development of
culturally appropriate curricula;
``(2) the development and use of appropriate assessments;
and
``(3) effective instructional practices.''.
SEC. 183. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, SCHOOLS
SERVED BY THE BUREAU OF INDIAN EDUCATION, AND NATIVE
AMERICAN STUDENTS.
(a) Technical Assistance and Capacity Building.--Subpart 2 of part
E of title IX of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7901 et seq.) is amended by adding at the end the following:
``SEC. 9537. TECHNICAL ASSISTANCE AND CAPACITY BUILDING FOR TRIBAL
SCHOOLS AND SCHOOLS SERVED BY THE BUREAU OF INDIAN
EDUCATION.
``Notwithstanding any other provision of this Act, the Secretary
shall ensure that any program supported with funds provided under this
Act that awards grants, contracts, or other assistance to public
schools, provides a 1 percent reservation for technical assistance or
capacity building for tribal schools or schools served by the Bureau of
Indian Education to ensure such tribal schools or schools served by the
Bureau of Indian Education are provided the assistance to compete for
such grants, contracts, or other assistance.''.
TITLE II--AMENDMENTS TO OTHER LAWS
SEC. 201. AMENDMENTS TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009 TO PROVIDE FUNDING FOR INDIAN PROGRAMS.
Title XIV of Division A of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5; 123 Stat. 279) is amended--
(1) by striking subsection (a) of section 14001 and
inserting the following:
``(a) Outlying Areas; Bureau of Indian Education.--
``(1) Outlying areas.--From the amount appropriated to
carry out this title, the Secretary of Education shall first
allocate up to one-half of one percent to the outlying areas on
the basis of their respective needs, as determined by the
Secretary, in consultation with the Secretary of the Interior,
for activities consistent with this title under such terms and
conditions as the Secretary may determine.
``(2) Bureau of indian education.--From the amounts
appropriated to carry out section 14006 and section 14007, the
Secretary of Education shall allocate not less than 1 percent,
but not more than 5 percent, to the schools funded by the
Bureau of Indian Education on the basis of their respective
needs, as determined by the Secretary of Education, in
consultation with the Secretary of the Interior, for activities
consistent with such sections under such terms and conditions
as the Secretary may determine.''; and
(2) in section 14005(d), by striking paragraph (6) (as
added by section 1832(b) of the Department of Defense and Full-
Year Continuing Appropriations Act, 2011 (Public Law 112-10,
125 Stat. 164)) and inserting the following:
``(6) Improving early childhood care and education.--The
State will take actions to--
``(A) increase the number and percentage of low-
income and disadvantaged children in each age group of
infants, toddlers, and preschoolers who are enrolled in
high-quality early learning programs;
``(B) design and implement an integrated system of
high-quality early learning programs and services;
``(C) in collaboration with Indian tribes in the
State, ensure that the actions described in (A) and (B)
are taken to ensure that high-quality early learning
programs and services are provided to Indian children
in the State, which may be accomplished through
subgrants to such tribes; and
``(D) ensure that any use of assessments conforms
with the recommendations of the National Research
Council's reports on early childhood.''.
SEC. 202. QUALIFIED SCHOLARSHIPS FOR EDUCATION AND CULTURAL BENEFITS.
(a) In General.--Section 117 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Indian Education and Cultural Benefits.--
``(1) In general.--Except as otherwise provided in this
subsection, gross income does not include the value of--
``(A) any qualified Indian education benefit, or
``(B) any qualified Indian cultural benefit.
``(2) Qualified indian education benefit.--For purposes of
this subsection, the term `qualified Indian education benefit'
means--
``(A) any educational grant or benefit provided,
directly or indirectly, to a member of an Indian tribe,
including a spouse or dependent of such a member, by
the Federal Government through a grant to or a contract
or compact with an Indian tribe or tribal organization
or through a third-party program funded by the Federal
Government, and
``(B) any educational grant or benefit provided or
purchased by an Indian tribe or tribal organization to
or for a member of an Indian tribe, including a spouse
or dependent of such a member.
``(3) Qualified indian cultural benefit.--For purposes of
this subsection, the term `qualified Indian cultural benefit'
means--
``(A) any grant or benefit provided, directly or
indirectly, to a member of an Indian tribe, including a
spouse or dependent of such a member, by the Federal
Government through a grant to or a contract or compact
with an Indian tribe or tribal organization or through
a third-party program funded by the Federal Government,
for the study of the language, culture, and ways of
life of the tribe, and
``(B) any grant or benefit provided or purchased by
an Indian tribe or tribal organization to or for a
member of an Indian tribe, including a spouse or
dependent of such a member, for the study of the
language, culture, and ways of life of the tribe.
``(4) Definitions.--For purposes of this subsection--
``(A) Indian tribe.--The term `Indian tribe' has
the meaning given such term by section 45A(c)(6).
``(B) Tribal organization.--The term `tribal
organization' has the meaning given such term by
section 4(l) of the Indian Self-Determination and
Education Assistance Act.
``(C) Dependent.--The term `dependent' has the
meaning given such term by section 152, determined
without regard to subsections (b)(1), (b)(2), and
(d)(1)(B) thereof.
``(5) Denial of double benefit.--This subsection shall not
apply to the amount of any qualified Indian education benefit
or qualified Indian cultural benefit which is not includible in
gross income of the beneficiary of such benefit by reason of
any other provision of this title, or to the amount of any such
benefit for which a deduction is allowed to such beneficiary
under any other provision of this title.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts received after the date of the enactment of this Act.
SEC. 203. TRIBAL EDUCATION POLICY ADVISORY GROUP.
Section 1126 of the Education Amendments of 1978 (25 U.S.C. 2006)
is amended by adding at the end the following:
``(h) Tribal Education Policy Advisory Group.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of this subsection, the Secretary, acting
through the Assistant Secretary for Indian Affairs, shall
establish a Tribal Education Policy Advisory Group (referred to
in this subsection as the `TEPAG') to advise the Secretary and
the Assistant Secretary on all policies, guidelines,
programmatic issues, and budget development for the school
system funded by the Bureau of Indian Education.
``(2) Duties.--
``(A) In general.--The Secretary shall consult with
the TEPAG prior to proposing any regulations,
establishing or changing any policies, or submitting
any budget proposal applicable to the Bureau of Indian
Education school system.
``(B) Recommendations.--The Secretary shall include
in the proposed budget developed annually for the
Bureau of Indian Education any recommendations made by
the TEPAG resulting from the consultation under
subparagraph (A).
``(C) Supplement, not supplant.--The consultation
required by subparagraph (A) shall be in addition to
and shall not replace the consultation requirement of
section 1131.
``(3) Composition.--
``(A) In general.--The TEPAG shall be composed of
26 members, who shall be selected in accordance with
subparagraphs (B) through (D).
``(B) Tribal members.--
``(i) In general.--The TEPAG shall be
composed of 22 elected or appointed tribal
officials (or designated employees of the
officials with authority to act on behalf of
the officials), one from each education line
office of the Bureau of Indian Education, who
shall act as principal members of the TEPAG.
``(ii) Selection process.--The tribes and
schools served by each education line office
shall establish a process to select the
principal member and alternate member of that
education line office to TEPAG.
``(iii) Alternates.--The alternate member
of an education line office selected under
clause (ii) may participate in TEPAG meetings
in the absence of the principal member of that
education line office.
``(C) National tribal organization member.--The
Secretary shall appoint a principal member and an
alternate member to the TEPAG from among national
organizations comprised of Indian tribes, who shall be
elected or appointed tribal officials (or designated
employees of the officials with authority to act on
behalf of the officials).
``(D) Federal members.--The Secretary, the
Assistant Secretary for Indian Affairs, and the
Director of the Bureau of Indian Education shall be ex-
officio members of the TEPAG.
``(4) Administration.--
``(A) Meetings.--The TEPAG shall meet in person not
less than 3 times per fiscal year and may hold
additional meetings by telephone conference call.
``(B) Protocols.--The Secretary and the TEPAG shall
jointly develop protocols for the operation and
administration of TEPAG.
``(C) Nonapplicability of faca.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the TEPAG.
``(D) Support.--
``(i) In general.--The Secretary shall be
responsible for all costs associated with
carrying out the functions of the TEPAG,
including reimbursement for the travel,
lodging, and per diem expenses of each
principal or alternate TEPAG member selected
under subparagraphs (B) and (C) of paragraph 3.
``(ii) Additional request.--
``(I) In general.--To facilitate
the work of the TEPAG, the Secretary
may request additional funding in the
annual budget submission of the
Secretary to support technical and
substantive assistance to the TEPAG.
``(II) Recommendations.--If the
Secretary requests additional funding
under subclause (I), the Secretary
shall take into consideration the
amount of funding requested by the
TEPAG for technical and substantive
assistance when making the additional
funding request.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
SEC. 204. DIVISION OF BUDGET ANALYSIS.
Section 1129 of the Education Amendments of 1978 (25 U.S.C. 2009)
is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Assistant Secretary for Indian Affairs'' and
inserting ``Secretary'';
(B) in paragraph (2), by striking ``and'' after the
semicolon;
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) a determination of the amount necessary to sustain
academic and residential programs at Bureau-funded schools,
calculated pursuant to subpart H of part 39 of title 25, Code
of Federal Regulations (or successor regulations); and''; and
(2) in subsection (d), by striking ``Assistant Secretary
for Indian Affairs'' and inserting ``Secretary''.
SEC. 205. QUALIFIED SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT.
Part B of title II of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458) is amended by adding at the end the
following:
``SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED SCHOOL CONSTRUCTION
BOND ESCROW ACCOUNT.
``(a) In General.--Pursuant to the authority granted under section
54F(d)(4) of the Internal Revenue Code of 1986, the Secretary shall
establish a qualified school construction bond escrow account for the
purpose of implementing section 54F of the Internal Revenue Code of
1986.
``(b) Transfer to Escrow Account.--
``(1) In general.--The Secretary shall allocate to the
escrow account described in subsection (a) amounts described in
section 54F(d)(4) of the Internal Revenue Code of 1986.
``(2) Other funds.--The Secretary shall accept and disburse
to the escrow account described in subsection (a) amounts
received to carry out this section from other sources,
including other Federal agencies, non-Federal public agencies,
and private sources.''.
SEC. 206. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
Section 532 of the Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note) is amended by--
(1) redesignating paragraphs (15) through (34) as
paragraphs (16) through (35), respectively; and
(2) by inserting after paragraph (14) the following:
``(15) Keweenaw Bay Ojibwa Community College.''.
SEC. 207. WORKFORCE INVESTMENT ACT OF 1998.
Title II of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et
seq.) is amended--
(1) in section 203--
(A) in paragraph (5)(D), by inserting ``, including
a Tribal College or University'' after ``education'';
(B) in paragraph (15), by amending subparagraph (B)
to read as follows:
``(B) a Tribal College or University; or'';
(C) by redesignating paragraph (18) as paragraph
(19); and
(D) by inserting after paragraph (17) the
following:
``(18) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965.'';
(2) in section 211(a)--
(A) in paragraph (2), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (3), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) shall reserve 1.5 percent to carry out section 244,
except that the amount so reserved shall not exceed
$8,000,000.''; and
(3) by inserting after section 243 the following:
``SEC. 244. AMERICAN INDIAN TRIBAL COLLEGE OR UNIVERSITY ADULT
EDUCATION AND LITERACY PROGRAM.
``(a) Establishment and Purpose.--The Secretary shall establish and
carry out an American Indian Tribal College and University Adult
Education and Literacy Grant Program to enable Tribal Colleges or
Universities to develop and implement innovative, effective, and
replicable programs designed to enhance life skills and transition
individuals to employability and postsecondary education and to provide
technical assistance to such institutions for program administration.
``(b) Application.--To be eligible to receive a grant under this
section, a Tribal College or University shall submit to the Secretary
an application at such time and in such manner as the Secretary may
reasonably require. The Secretary shall, to the extent practicable,
prescribe a simplified and streamlined format for such applications
that takes into account the limited number of institutions that are
eligible for assistance under this section.
``(c) Eligible Activities.--Activities that may be carried out
under a grant awarded under this section include--
``(1) adult education and literacy services, including
workplace literacy services;
``(2) family literacy services;
``(3) English literacy programs, including limited English
proficiency programs;
``(4) civil engagement and community participation,
including U.S. citizenship skills;
``(5) opportunities for American Indians and Alaska Natives
to qualify for a secondary school diploma, or its recognized
equivalent; and
``(6) demonstration and research projects and professional
development activities designed to develop and identify the
most successful methods and techniques for addressing the
educational needs of American Indian adults.
``(d) Grants and Contracts.--Funding shall be awarded under this
section to Tribal Colleges or Universities on a competitive basis
through grants, contracts, or cooperative agreements of not less than 3
years in duration.
``(e) Consideration and Inclusion.--In making awards under this
section, the Secretary may take into account the considerations set
forth in section 231(e). In no case shall the Secretary make an award
to a Tribal College or University that does not include in its
application a description of a multiyear strategy, including
performance measures, for increasing the number of adult American
Indian or Alaska Natives that attain a secondary diploma or recognized
equivalent.''.
SEC. 208. TECHNICAL AMENDMENTS TO TRIBALLY CONTROLLED SCHOOLS ACT OF
1988.
(a) Grants Authorized.--Section 5203(b)(3) of the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2502(b)(3)) is amended--
(1) by striking ``as defined in section 1128(h)(1)'' and
inserting ``as defined in section 1128(a)(1)''; and
(2) by striking ``under section 1128 of such'' and
inserting ``under section 1128(c) of that''.
(b) Amendments to Grants.--Section 5203 of the Tribally Controlled
Schools Act of 1988 (25 U.S.C. 2502) is amended by adding at the end
the following:
``(h) Amendments to Grants.--
``(1) In general.--At the request of the school board of a
tribally controlled school, the Secretary shall approve a
request to amend a grant issued to that school board under this
part unless the Secretary, not later than 90 days after the
date of receipt of the request, provides written notification
to the school board that contains a specific finding that
clearly demonstrates, or is supported by a controlling legal
authority, that--
``(A) the services to be rendered to the eligible
Indian students under the proposed amendment to the
grant do not meet the requirements of this part;
``(B) adequate protection of trust resources is not
assured;
``(C) the grant or the proposed amendment to the
grant cannot be properly completed or maintained;
``(D) the amount of funds proposed under the
amendment is in excess of the applicable funding level
for the grant, as determined under section 5204; or
``(E) the program, function, service, or activity
(or portion of the program, function, service, or
activity) that is the subject of the proposed amendment
is beyond the scope of programs, functions, services,
or activities covered under this part because the
proposed amendment includes activities that cannot
lawfully be carried out by the grantee.
``(2) Appeals.--The Secretary shall provide the school
board of a tribally controlled school with a hearing on the
record in the same manner as provided under section 102 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f).''.
(c) Composition of Grants.--Section 5204(b) of the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2503(b)) is amended--
(1) in paragraph (4)(B)(iv), by striking ``section
5209(e)'' and inserting ``section 5208(e)''; and
(2) in paragraph (5)(B), by striking ``section 5209(e)''
and inserting ``section 5208(e)''.
(d) Duration of Eligibility Determination.--Section 5206(c) of the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(c)) is
amended--
(1) in paragraph (2), by striking ``section 5206(b)(1)(A)''
and inserting ``section 5205(b)(1)(A)''; and
(2) in paragraph (4)(A), by striking ``section
5206(f)(1)(C)'' and inserting ``section 5205(f)(1)(C)''.
TITLE III--ADDITIONAL EDUCATION PROVISIONS
SEC. 301. NATIVE AMERICAN STUDENT SUPPORT.
(a) Support.--The Secretary of Education shall expand programs for
Native American school children--
(1) to provide support for learning in their Native
language and culture; and
(2) to provide English language instruction.
(b) Research.--The Secretary of Education shall conduct research on
culture- and language-based education to identify the factors that
improve education and health outcomes.
SEC. 302. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF NATIVE
AMERICAN LANGUAGES.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Indian Education.
(2) Eligible entity.--The term ``eligible entity'' means
any agency or organization that is eligible for financial
assistance under section 803(a) of the Native American Programs
Act of 1974 (42 U.S.C. 2991b(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(b) Establishment of Grant Program.--The Secretary shall establish
a program to provide eligible entities with grants for the purpose of
assisting Native Americans to ensure the survival and continuing
vitality of Native American languages.
(c) Use of Amounts.--
(1) In general.--An eligible entity may use amounts
received under this section to carry out activities that ensure
the survival and continuing vitality of Native American
languages, including--
(A) the establishment and support of community
Native American language projects designed to bring
older and younger Native Americans together to
facilitate and encourage the transfer of Native
American language skills from one generation to
another;
(B) the establishment of projects that train Native
Americans to--
(i) teach a Native American language to
others; or
(ii) serve as interpreters or translators
of a Native American language;
(C) the development, printing, and dissemination of
materials to be used for the teaching and enhancement
of a Native American language;
(D) the establishment or support of a project to
train Native Americans to produce or participate in
television or radio programs to be broadcast in a
Native American language;
(E) the compilation, transcription, and analysis of
oral testimony to record and preserve a Native American
language;
(F) the purchase of equipment, including audio and
video recording equipment, computers, and software,
required to carry out a Native American language
project; and
(G)(i) the establishment of Native American
language nests, which are site-based educational
programs that--
(I) provide instruction and child care
through the use of a Native American language
for at least 10 children under the age of 7 for
an average of at least 500 hours per year per
student;
(II) provide classes in a Native American
language for parents (or legal guardians) of
students enrolled in a Native American language
nest (including Native American language-
speaking parents); and
(III) ensure that a Native American
language is the dominant medium of instruction
in the Native American language nest;
(ii) the establishment of Native American language
survival schools, which are site-based educational
programs for school-age students that--
(I) provide an average of at least 500
hours of instruction through the use of 1 or
more Native American languages for at least 15
students for whom a Native American language
survival school is the principal place of
instruction;
(II) develop instructional courses and
materials for learning Native American
languages and for instruction through the use
of Native American languages;
(III) provide for teacher training;
(IV) work toward a goal of all students
achieving--
(aa) fluency in a Native American
language; and
(bb) academic proficiency in
mathematics, reading (or language
arts), and science; and
(V) are located in areas that have high
numbers or percentages of Native American
students; and
(iii) the establishment of Native American language
restoration programs, which are educational programs
that--
(I) operate at least 1 Native American
language program for the community which the
educational program serves;
(II) provide training programs for teachers
of Native American languages;
(III) develop instructional materials for
the Native American language restoration
programs;
(IV) work toward a goal of increasing
proficiency and fluency in at least 1 Native
American language; and
(V) provide instruction in at least 1
Native American language.
(2) Native american language restoration programs.--An
eligible entity carrying out a program described in paragraph
(1)(G)(iii) may use amounts made available under this section
to carry out--
(A) Native American language programs, including--
(i) Native American language immersion
programs;
(ii) Native American language and culture
camps;
(iii) Native American language programs
provided in coordination and cooperation with
educational entities;
(iv) Native American language programs
provided in coordination and cooperation with
local institutions of higher education;
(v) Native American language programs that
use a master-apprentice model of learning
languages; and
(vi) Native American language programs
provided through a regional program to better
serve geographically dispersed students;
(B) Native American language teacher training
programs, including--
(i) training programs in Native American
language translation for fluent speakers;
(ii) training programs for Native American
language teachers; and
(iii) training programs for teachers in the
use of Native American language materials,
tools, and interactive media to teach Native
American language; and
(C) the development of Native American language
materials, including books, audio and visual tools, and
interactive media programs.
(d) Applications.--
(1) In general.--Subject to paragraph (2), in awarding a
grant under this section, the Secretary shall select applicants
from among eligible entities on the basis of applications
submitted to the Secretary at such time, in such form, and
containing such information as the Secretary requires.
(2) Requirements.--An application under paragraph (1) shall
include, at a minimum--
(A) a detailed description of the current status of
the Native American language to be addressed by the
project for which a grant is requested, including a
description of existing programs and projects, if any,
in support of that language;
(B) a detailed description of the project for which
the grant is requested;
(C) a statement that the objectives of the project
are in accordance with the purposes of this section;
(D) a detailed description of the plan of the
applicant to evaluate the project;
(E) if appropriate, an identification of
opportunities for the replication or modification of
the project for use by other Native Americans;
(F) a plan for the preservation of the products of
the Native American language project for the benefit of
future generations of Native Americans and other
interested persons; and
(G) in the case of an application for a grant to
carry out any purpose specified in subsection
(c)(1)(G)(iii), a certification by the applicant that
the applicant has not less than 3 years of experience
in operating and administering a Native American
language survival school, a Native American language
nest, or any other educational program in which
instruction is conducted in a Native American language.
(3) Participating organizations.--If an applicant
determines that the objectives of a proposed Native American
language project would be accomplished more effectively through
a partnership with an educational entity, the applicant shall
identify the educational entity as a participating organization
in the application.
(e) Limitations on Funding.--
(1) Federal share.--The Federal share of the total cost of
a program under this section shall not exceed 80 percent.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the cost
of a program under this section may be provided in cash
or fairly evaluated in-kind contributions, including
facilities, equipment, or services.
(B) Source of non-federal share.--The non-Federal
share--
(i) may be provided from any private or
non-Federal source; and
(ii) may include amounts (including
interest) distributed to an Indian tribe--
(I) by the Federal Government
pursuant to the satisfaction of a claim
made under Federal law;
(II) from amounts collected and
administered by the Federal Government
on behalf of an Indian tribe or the
members of an Indian tribe; or
(III) by the Federal Government for
general tribal administration or tribal
development under a formula or subject
to a tribal budgeting priority system,
including--
(aa) amounts involved in
the settlement of land or other
judgment claims;
(bb) severance or other
royalty payments; or
(cc) payments under the
Indian Self-Determination Act
(25 U.S.C. 450f et seq.) or a
tribal budget priority system.
(3) Duration.--
(A) In general.--Subject to subparagraph (B), the
Secretary may make grants made under this section on a
1-year, 2-year, or 3-year basis.
(B) Native american language restoration program.--
The Secretary shall only make a grant available under
subsection (c)(1)(G)(iii) on a 3-year basis.
(f) Administration.--
(1) In general.--The Secretary shall carry out this section
through the Bureau of Indian Education.
(2) Expert panel.--
(A) In general.--Not later than 180 days after date
of enactment of this section, the Secretary shall
appoint a panel of experts for the purpose of assisting
the Secretary to review--
(i) applications submitted under subsection
(d);
(ii) evaluations carried out to comply with
subsection (d)(2)(C); and
(iii) the preservation of products required
by subsection (d)(2)(F).
(B) Composition.--
(i) In general.--The panel shall include--
(I) a designee of the Institute of
American Indian and Alaska Native
Culture and Arts Development;
(II) representatives of national,
tribal, and regional organizations that
focus on Native American language or
Native American cultural research,
development, or training; and
(III) other individuals who are
recognized as experts in the area of
Native American language.
(ii) Recommendations.--Recommendations for
appointments to the panel shall be solicited
from Indian tribes and tribal organizations.
(C) Duties.--The duties of the panel shall
include--
(i) making recommendations regarding the
development and implementation of regulations,
policies, procedures, and rules of general
applicability with respect to the
administration of this section;
(ii) reviewing applications received under
subsection (d);
(iii) providing to the Secretary a list of
recommendations for the approval of
applications in accordance with--
(I) regulations issued by the
Secretary; and
(II) the relative need for the
project; and
(iv) reviewing evaluations submitted to
comply with subsection (d)(2)(C).
(3) Products generated by projects.--
(A) In general.--Subject to subparagraph (B), for
preservation and use in accordance with the
responsibilities of the respective organization under
Federal law, a copy of any product of a Native American
language project for which a grant is made under this
section--
(i) shall be transmitted to the Institute
of American Indian and Alaska Native Culture
and Arts Development; and
(ii) may be transmitted, at the discretion
of the grantee, to national and regional
repositories of similar material.
(B) Exemption.--
(i) In general.--In accordance with the
Federal recognition of the sovereign authority
of each Indian tribe over all aspects of the
culture and language of that Indian tribe and
subject to clause (ii), an Indian tribe may
make a determination--
(I) not to transmit a copy of a
product under subparagraph (A);
(II) not to permit the
redistribution of a copy of a product
transmitted under subparagraph (A); or
(III) to restrict in any manner the
use or redistribution of a copy of a
product transmitted under subparagraph
(A).
(ii) Restrictions.--Clause (i) does not
authorize an Indian tribe--
(I) to limit the access of the
Secretary to a product described in
subparagraph (A) for purposes of
administering this section or
evaluating the product; or
(II) to sell a product described in
subparagraph (A), or a copy of that
product, for profit to the entities
referred to in subparagraph (A).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2013 through 2018.
(h) Repeal; Conforming Amendments.--
(1) Repeal.--Section 803C of the Native American Programs
Act of 1974 (42 U.S.C. 2991b-3) is repealed.
(2) Conforming amendments.--Section 816 of the Native
American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
(A) in subsection (a), by striking ``sections
803(d), 803A, 803C, 804, subsection (e) of this
section'' and inserting ``sections 803(d), 803A, and
804, subsection (d)'';
(B) in subsection (b), by striking ``other than
sections 803(d), 803A, 803C, 804, subsection (e) of
this section'' and inserting ``sections 803(d), 803A,
and 804, subsection (d)''; and
(C) by striking subsection (e).
SEC. 303. IN-SCHOOL FACILITY INNOVATION PROGRAM CONTEST.
(a) In General.--The Secretary of the Interior shall--
(1) establish an in-school facility innovation program
contest in which institutions of higher education, including a
Tribal College or University (as defined in section 316 of the
Higher Education Act of 1965 (20 U.S.C. 1059c)), are encouraged
to consider solving the problem of how to improve school
facilities for tribal schools and schools served by the Bureau
of Indian Education for problem-based learning in their
coursework and through extracurricular opportunities; and
(2) establish an advisory group for the contest described
in paragraph (1) that shall include students enrolled at a
Tribal College or University, a representative from the Bureau
of Indian Education, and engineering and fiscal advisors.
(b) Submission of Finalists to the Indian Affairs Committee.--The
Secretary of the Interior shall submit the finalists to the Committee
on Indian Affairs of the Senate.
(c) Winners.--The Secretary of the Interior shall--
(1) determine the winners of the program contest conducted
under this section; and
(2) award the winners appropriate recognition and reward.
SEC. 304. RETROCESSION OR REASSUMPTION OF CERTAIN SCHOOL FUNDS.
Notwithstanding any other provision of law, beginning July 1, 2008,
any funds (including investments and interest earned, except for
construction funds) held by a Public Law 100-297 grant or a Public Law
93-638 contract school shall, upon retrocession to or reassumption by
the Bureau of Indian Education, remain available to the Bureau for a
period of 5 years from the date of retrocession or reassumption for the
benefit of the programs approved for the school on October 1, 1995.
SEC. 305. DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF EDUCATION JOINT
OVERSIGHT BOARD.
(a) In General.--The Secretary of Education and the Secretary of
the Interior shall jointly establish a Department of the Interior and
Department of Education Joint Oversight Board, that shall--
(1) be co-chaired by both Departments; and
(2) coordinate technical assistance, resource distribution,
and capacity building between the 2 departments on the
education of and for Native American students.
(b) Information To Be Shared.--The Joint Oversight Board shall
facilitate the communication, collaboration, and coordination between
the 2 departments of education policies, access to and eligibility for
Federal resources, and budget and school leadership development, and
other issues, as appropriate.
SEC. 306. FEASIBILITY STUDY TO TRANSFER BUREAU OF INDIAN EDUCATION TO
DEPARTMENT OF EDUCATION.
(a) In General.--Not later than 1 year after the date of enactment
of this section, the Government Accountability Office shall carry out a
study that examines the feasibility of transferring the Bureau of
Indian Education from the Department of the Interior to the Department
of Education.
(b) Contents.--The study shall include an assessment of the impacts
of a transfer described in subsection (a) on--
(1) affected students;
(2) affected faculty, staff, and other employees;
(3) the organizational and operating structure of the
Bureau of Indian Education;
(4) applicable Federal laws, including laws relating to
Indian preference; and
(5) intergovernmental agreements.
SEC. 307. TRIBAL SELF-GOVERNANCE FEASIBILITY STUDY.
(a) Study.--The Secretary of Education shall conduct a study to
determine the feasibility of entering into self-governance compacts and
contracts with Indian tribal governments who wish to operate public
schools that reside within their lands.
(b) Considerations.--In conducting the study described in
subsection (a), the Secretary of Education shall consider the
feasibility of--
(1) assigning and paying to an Indian tribe all
expenditures for the provision of services and related
administration funds that the Secretary would otherwise pay to
a State educational agency and a local educational agency for 1
or more public schools located on the Indian lands of such
Indian tribe;
(2) providing assistance to Indian tribes in developing
capacity to administer all programs and services that are
currently under the jurisdiction of the State educational
agency or local educational agency; and
(3) authorizing the Secretary to treat an Indian tribe as a
State for the purposes of carrying out programs and services
funded by the Secretary that are currently under the
jurisdiction of the State.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary of Education shall submit, to the Committee
on Indian Affairs and the Committee on Health, Education, Labor and
Pensions of the Senate and the Education and the Workforce Committee of
the House of Representatives, a report that includes--
(1) the results of the study conducted under subsection
(a);
(2) a summary of any consultation that occurred between the
Secretary and Indian tribes in conducting this study;
(3) projected costs and savings associated with the
Department of Education entering into self-governance contracts
and compacts with Indian tribes, and any estimated impact on
programs and services described in paragraphs (2) and (3) of
subsection (a) in relation to probable costs and savings; and
(4) legislative actions that would be required to authorize
the Secretary to enter into self-governance compacts and
contracts with Indian tribes to provide such programs and
services.
(d) Definitions.--In this section:
(1) Indian tribe.--The term ``Indian Tribe'' means any
Indian tribe, band, nation, other organized group or community,
including any Native village or Regional Corporation or Village
Corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act, that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
(2) Indian lands.--The term ``Indian lands'' has the
meaning given that term in section 8013 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713).
SEC. 308. ESTABLISHMENT OF CENTER FOR INDIGENOUS EXCELLENCE.
(a) Definitions.--In this section:
(1) Institution of higher education.--The term
``institution of higher education'' shall have the meaning
given such term in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
(2) Native american and native american language.--The
terms ``Native American'' and ``Native American language''
shall have the meanings given such terms in section 103 of the
Native American Languages Act (25 U.S.C. 2902).
(3) Native american language nests and survival schools.--
The terms ``Native American language nest'' and ``Native
American language survival school'' shall have the meanings
given such terms in section 803C(b)(7) of the Native American
Programs Act of 1974 (42 U.S.C. 2991b-3).
(4) Native hawaiian or native american pacific islander
native language educational organization.--The term ``Native
Hawaiian or Native American Pacific Islander native language
educational organization'' shall have the meaning given such
term in section 3301 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7011).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) STEM.--The term ``STEM'' means a science, technology,
engineering, and mathematics program.
(7) Tribally sanctioned educational authority.--The term
``tribally sanctioned educational authority'' shall have the
meaning given such term in section 3301 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7011).
(b) In General.--There shall be established a Center for Indigenous
Excellence to--
(1) support Native American governments, communities,
schools, and programs in the development and demonstration of
Native American language and culture-based education from the
preschool to graduate education levels as appropriate for their
distinctive populations, circumstances, visions, and holistic
approaches for the benefit of the entire community;
(2) provide direction to Federal, State, and local
government entities relative to Native American language and
culture-based education;
(3) demonstrate nationally and internationally recognized
educational best practices through integrated programming in
Native American language and culture-based education from the
preschool to graduate education levels that benefits the entire
specific indigenous group regardless of its geographic
dispersal, including--
(A) teacher certification;
(B) curriculum and materials development;
(C) distance education support;
(D) research; and
(E) holistic approaches;
(4) serve as an alternative pathway of choice for meeting
federally mandated academic assessments, teacher
qualifications, and curriculum design for Native American
language nests and Native American language survival schools;
and
(5) serve as a coordinating entity and depository for
federally funded research into Native American language and
culture-based education including STEM applications that will
address workforce needs of Native American communities.
(c) Eligible Entities.--For the purpose of determining the site of
the Center for Indigenous Excellence, the Secretary shall consider the
following to be an eligible entity:
(1) A tribally sanctioned educational authority.
(2) A Native American language college.
(3) A Native Hawaiian or Native American Pacific Islander
native language educational organization.
(4) An institution of higher education with a commitment to
serve Native American communities.
(5) A local educational agency with a commitment to serve
Native American communities.
(d) Criteria for Selection.--The Secretary shall determine the site
of the Center for Indigenous Excellence based on--
(1) a record of excellence, on a national and international
level, with regard to Native American language and culture-
based education;
(2) a high representation of Native Americans among its
personnel;
(3) a high representation of speakers of 1 or more Native
American languages among its personnel; and
(4) a location in a community with a high representation of
Native Americans.
(e) Establishment of Partnerships and Consortia.--
(1) In general.--Once established, the Center for
Indigenous Excellence may develop partnerships or consortia
with other entities throughout the United States with expertise
appropriate to the mission of the Center and include such
entities in its work.
(2) Assistance to partners.--The Center shall provide
assistance to partners, to the extent practicable, in
curriculum development, technology development, teacher and
staff training, research, and sustaining Native American
language nests, Native American survival schools, and Native
American language schools.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Rural Development, Research, Biotechnology, and Foreign Agriculture.
Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.
Referred to the Subcommittee on Higher Education and Workforce Training.
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