I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Native Culture, Language, and Access for Success in 

6 Schools Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ELEMENTARY AND SECONDARY EDUCATION ACT OF 

1965 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 3569 IH

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. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 3569 IH

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. 

1 TITLE I—ELEMENTARY AND SEC2 ONDARY EDUCATION ACT OF 

3 1965 

4 Subtitle A—Improving the Aca5 demic Achievement of the Dis6 advantaged 

7 SEC. 111. IMPROVING THE EDUCATION OF STUDENTS. 

8 Part A of title I of the Elementary and Secondary 

9 Education Act of 1965 (20 U.S.C. 6301 et seq.) is amend10 ed— 

11 (1) in section 1111— 

12 (A) in subsection (a), by inserting ‘‘rep13 resentatives of Indian tribes located in the 

14 State,’’ after ‘‘other staff,’’; 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 3569 IH

1 (B) in subsection (b)(8), by striking 

2 ‘‘1112(c)(1)(D)’’ and inserting 

3 ‘‘1112(c)(1)(E)’’; 

4 (C) in subsection (c)— 

5 (i) in paragraph (13), by striking 

6 ‘‘and’’; 

7 (ii) in paragraph (14), by striking the 

8 period at the end and inserting ‘‘; and’’; 

9 and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(15) the State educational agency has engaged 

13 in timely and meaningful consultation with rep14 resentatives of Indian tribes located in the State in 

15 the development of the State plan to serve local edu16 cational agencies under the State’s jurisdiction, in 

17 order to— 

18 ‘‘(A) improve the coordination of activities 

19 under this Act; 

20 ‘‘(B) meet the purpose of this title; and 

21 ‘‘(C) meet the unique cultural, language, 

22 and educational needs of Indian students.’’; and 

23 (D) in subsection (m), by adding at the 

24 end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 3569 IH

1 ‘‘(4) If such school has been approved, in ac2 cordance with section 1116(g), for use of an alter3 native definition of adequate yearly progress, the 

4 school may adopt an appropriate assessment that— 

5 ‘‘(A) is developed in consultation with, and 

6 with the approval of, the Secretary of the Inte7 rior; and 

8 ‘‘(B) is consistent with the requirements of 

9 this section.’’; 

10 (2) in section 1112— 

11 (A) in subsection (b)(1)— 

12 (i) by redesignating subparagraphs 

13 (F) through (Q) as subparagraphs (G) 

14 through (R), respectively; and 

15 (ii) by inserting after subparagraph 

16 (E), the following: 

17 ‘‘(F) a description of the procedure that 

18 the local educational agency will use to engage 

19 in timely, ongoing, and meaningful consultation 

20 with representatives of Indian tribes located in 

21 the area served by the local education agency in 

22 the development of the local plan, in order to— 

23 ‘‘(i) improve the coordination of ac24 tivities under this Act; 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 3569 IH

1 ‘‘(ii) meet the purpose of this title; 

2 and 

3 ‘‘(iii) meet the unique cultural, lan4 guage, and educational needs of Indian 

5 students;’’; 

6 (B) in subsection (c)(1)— 

7 (i) by redesignating subparagraphs 

8 (D) through (O) as subparagraphs (E) 

9 through (P), respectively; and 

10 (ii) by inserting after subparagraph 

11 (C), the following: 

12 ‘‘(D) engage in timely and meaningful con13 sultation with representatives of Indian tribes 

14 located in the area served by the local education 

15 agency;’’; and 

16 (C) in subsection (d)(1), by striking ‘‘and 

17 other appropriate school personnel,’’ and insert18 ing ‘‘other appropriate school personnel, rep19 resentatives of Indian tribes located in the area 

20 served by the local educational agency,’’; 

21 (3) in section 1115(b)(2)(A), by inserting ‘‘, In22 dian children,’’ after ‘‘migrant children’’; 

23 (4) in section 1116— 

24 (A) in subsection (b)(3)(A)— 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 3569 IH

1 (i) in the matter preceding clause (i), 

2 by inserting ‘‘representatives of Indian 

3 tribes located in the area served by the 

4 school,’’ after ‘‘school staff,’’; 

5 (ii) in clause (ix), by striking ‘‘and’’ 

6 after the semicolon; 

7 (iii) in clause (x), by striking the pe8 riod at the end; and 

9 (iv) by adding at the end the fol10 lowing: 

11 ‘‘(xi) provide an assurance that, if the 

12 school receives funds described in title VII, 

13 the school will continue to direct such 

14 funds to the activities described in title 

15 VII.’’; 

16 (B) in subsection (c)(7)(A)— 

17 (i) in the matter preceding clause (i), 

18 by inserting ‘‘representatives of Indian 

19 tribes located in the area served by the 

20 local education agency,’’ after ‘‘school 

21 staff,’’; 

22 (ii) in clause (vii), by striking ‘‘and’’ 

23 after the semicolon; 

24 (iii) in clause (viii), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 3569 IH

1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(ix) incorporate, as appropriate, ac4 tivities that meet the unique cultural, lan5 guage, and educational needs of Indian 

6 students eligible to be served under title 

7 VII of this Act.’’; 

8 (C) in subsection (g)(1)— 

9 (i) in subparagraph (B)— 

10 (I) by striking ‘‘The tribal gov11 erning body or’’ and inserting ‘‘An In12 dian tribe,’’; 

13 (II) by inserting ‘‘, or consortium 

14 of such entities’’ after ‘‘Bureau of In15 dian Affairs’’; 

16 (III) by striking ‘‘body or school 

17 board’’ and inserting ‘‘Indian tribe, 

18 school board, or consortium of such 

19 entities’’; and 

20 (IV) by inserting ‘‘of the Inte21 rior’’ after ‘‘such alternative definition 

22 unless the Secretary’’; 

23 (ii) in subparagraph (C), by striking 

24 ‘‘a tribal governing body or school board of 

25 a school funded by the Bureau of Indian 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 3569 IH

1 Affairs’’ and inserting ‘‘an Indian tribe, 

2 school board of a school funded by the Bu3 reau of Indian Affairs, or consortium of 

4 such entities’’; and 

5 (iii) by adding at the end the fol6 lowing: 

7 ‘‘(D) DEEMED APPROVAL.—A proposed al8 ternative definition of adequate yearly progress 

9 submitted pursuant to subparagraph (B) shall 

10 be deemed to be approved by the Secretary of 

11 the Interior unless the Secretary of the Interior 

12 issues the notification set forth in subparagraph 

13 (E) prior to the expiration of the 30-day period 

14 beginning on the date on which the Secretary of 

15 the Interior received the proposed alternative 

16 definition of adequate yearly progress. 

17 ‘‘(E) NOTIFICATION.—If the Secretary of 

18 the Interior finds that the application is not in 

19 compliance, in whole or in part, with this sub20 part, the Secretary of the Interior shall— 

21 ‘‘(i) notify the entity or entities de22 scribed in subparagraph (B) of the finding 

23 of noncompliance and, in such notification, 

24 shall— 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 3569 IH

1 ‘‘(I) cite the specific provisions in 

2 the application that are not in compli3 ance; 

4 ‘‘(II) provide an explanation of 

5 the basis of the non-compliance; 

6 ‘‘(III) request additional informa7 tion only as to the noncompliant pro8 visions needed to make the proposal 

9 compliant; 

10 ‘‘(IV) provide a description of the 

11 steps that the entity or entities need 

12 to take to make the application com13 pliant; and 

14 ‘‘(V) provide assistance to over15 come the finding of noncompliance; 

16 and 

17 ‘‘(ii) provide the entity or entities de18 scribed in subparagraph (B) with the op19 portunity for a hearing, which shall be 

20 completed not more than 60 days after 

21 such entity or entities receive the notice of 

22 opportunity for a hearing, or at such later 

23 date as agreed to by the submitting entity 

24 or entities. 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•HR 3569 IH

1 ‘‘(F) RESPONSE.—If the entity or entities 

2 described in subparagraph (B) resubmit the ap3 plication in an effort to overcome the finding of 

4 noncompliance not more than 30 days after the 

5 date the notification was received, the Secretary 

6 of the Interior shall approve or disapprove the 

7 resubmitted application not more than 30 days 

8 after the resubmitted application is received, or 

9 not more than 30 days after the conclusion of 

10 a hearing, whichever is later. If the Secretary of 

11 the Interior fails to approve or disapprove the 

12 resubmitted application within such time pe13 riod, the resubmitted application shall be 

14 deemed approved. 

15 ‘‘(G) RESUBMISSION RESPONSE.—If the 

16 Secretary of the Interior finds the resubmitted 

17 application described in subparagraph (F) to be 

18 in noncompliance, the Secretary of the Interior 

19 shall issue a final determination that— 

20 ‘‘(i) cites the specific provisions in the 

21 application that are not in compliance; 

22 ‘‘(ii) provides a detailed explanation of 

23 the basis for the finding of noncompliance 

24 for each provision found to be noncompli25 ant; and 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•HR 3569 IH

1 ‘‘(iii) offers assistance to overcome the 

2 finding of noncompliance. 

3 ‘‘(H) FAILURE TO RESPOND.—If the entity 

4 or entities described in subparagraph (B) do 

5 not respond to the notification of the Secretary 

6 of the Interior described in subparagraph (E) 

7 within a 30-day period after receipt of such no8 tification, the application shall be deemed to be 

9 disapproved.’’; 

10 (5) by inserting after section 1116 the fol11 lowing: 

12 ‘‘SEC. 1116A. INDIAN SCHOOL TURN AROUND PROGRAM. 

13 ‘‘(a) PURPOSE.—The purpose of this section is to sig14 nificantly improve outcomes for Indian students in persist15 ently low-performing schools by— 

16 ‘‘(1) enabling Indian tribes or tribal education 

17 agencies to turn around low-performing schools op18 erated by a local educational agency on Indian lands; 

19 ‘‘(2) building the capacity of tribes and tribal 

20 education agencies to improve student academic 

21 achievement in low-performing and persistently low22 performing schools; and 

23 ‘‘(3) supporting tribes and tribal education 

24 agencies in implementing school intervention models. 

25 ‘‘(b) DEFINITIONS.—In this section: 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•HR 3569 IH

1 ‘‘(1) INDIAN LANDS.—The term ‘Indian lands’ 

2 has the meaning given the term in section 8013. 

3 ‘‘(2) INDIAN SCHOOL.—The term ‘Indian 

4 school’ means any school located on Indian lands. 

5 ‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 

6 means any Indian tribe, band, nation, or other orga7 nized group or community (including any Native vil8 lage, Regional Corporation, or Village Corporation 

9 as defined in, or established pursuant to, the Alaska 

10 Native Claims Settlement Act), that is recognized as 

11 eligible for the special programs and services pro12 vided by the United States to Indians because of 

13 their status as Indians. 

14 ‘‘(4) TRIBAL EDUCATION AGENCY.—The term 

15 ‘tribal education agency’ means the authorized gov16 ernmental agency of a federally recognized American 

17 Indian or Alaska Native tribe (as defined in section 

18 4 of the Indian Self-Determination and Education 

19 Assistance Act (25 U.S.C. 450b)) that is primarily 

20 responsible for regulating, administering, or super21 vising the formal education of tribal members. A 

22 tribal education agency includes tribal education de23 partments, tribal divisions of education, tribally 

24 sanctioned education authorities, tribal education 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•HR 3569 IH

1 administrative planning and development agencies, 

2 and tribal administrative education entities. 

3 ‘‘(c) IDENTIFICATION OF LOW-PERFORMING INDIAN

4 SCHOOLS.— 

5 ‘‘(1) IN GENERAL.—Each State that receives 

6 funds under this part shall annually identify any In7 dian school operated by a local educational agency 

8 that— 

9 ‘‘(A) is a school identified under section 

10 1116(b); and 

11 ‘‘(B)(i) in the case of an Indian school that 

12 is an elementary school, is in the lowest 5 per13 cent of the State’s public elementary schools; 

14 ‘‘(ii) in the case of an Indian school that 

15 is a secondary school that does not award a 

16 high school diploma, is in the lowest 5 percent 

17 of the State’s public secondary schools that do 

18 not award a high school diploma; or 

19 ‘‘(iii) in the case of an Indian school that 

20 is a secondary school that does award a high 

21 school diploma— 

22 ‘‘(I) is in the bottom 5 percent of the 

23 State’s public secondary schools that 

24 award a high school diploma; or 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•HR 3569 IH

1 ‘‘(II) has a graduation rate below 60 

2 percent. 

3 ‘‘(2) REPORT.—If a school is identified by a 

4 State under paragraph (1), the State shall notify the 

5 tribe on whose Indian lands any such school is lo6 cated that the school has been identified as a low7 performing school. 

8 ‘‘(d) GRANTS AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall award 

10 grants, on a competitive basis, to Indian tribes or 

11 tribal education agencies to enable such tribes or 

12 agencies to carry out the activities described in sub13 section (g). 

14 ‘‘(2) DURATION.— 

15 ‘‘(A) IN GENERAL.—A grant awarded 

16 under this section shall be for a period of 4 

17 years. 

18 ‘‘(B) RENEWAL.—The Secretary may 

19 renew a grant under this section for an addi20 tional 4-year period if the Indian tribe or tribal 

21 education agency demonstrates sufficient 

22 progress, as defined by the State, on the core 

23 academic indicators and leading indicators de24 scribed in subsection (h)(1)(B). 

25 ‘‘(e) APPLICATION.— 


smartinez on DSK6TPTVN1PROD with BILLS
16 

•HR 3569 IH

1 ‘‘(1) IN GENERAL.—Each Indian tribe or tribal 

2 education agency that desires to receive a grant 

3 under this section shall submit an application to the 

4 Secretary at such time, in such manner, and con5 taining such information as the Secretary may rea6 sonably require. At a minimum, each application 

7 shall include— 

8 ‘‘(A) an analysis of the school described 

9 under subsection (c)(1) that the Indian tribe or 

10 tribal education agency proposes to serve, and 

11 an appropriate intervention model for such 

12 school; 

13 ‘‘(B) a budget, which shall demonstrate 

14 sufficient funds to implement fully and effec15 tively the selected intervention model; and 

16 ‘‘(C) a description of how the Indian tribe 

17 or tribal education agency will— 

18 ‘‘(i) help develop a pipeline of teachers 

19 and leaders for the school; 

20 ‘‘(ii) collect and report data; 

21 ‘‘(iii) support effective extended learn22 ing time strategies; and 

23 ‘‘(iv) build capacity in the tribe or 

24 tribal education agency for assisting 

25 schools described under subsection (c)(1). 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•HR 3569 IH

1 ‘‘(2) ADDITIONAL APPLICATION REQUIREMENTS

2 IF SUBGRANTS ARE AWARDED.—If an Indian tribe 

3 or tribal education agency proposes to issue sub4 grants, as described under subsection (g)(3), such 

5 tribe or agency shall include in the application, in 

6 addition to the requirements described under para7 graph (1), the following: 

8 ‘‘(A) A copy of the application form and 

9 instructions that the Indian tribe or tribal edu10 cation agency will provide to potential recipients 

11 of subgrants. 

12 ‘‘(B) A description of how the Indian tribe 

13 or tribal education agency will set priorities for 

14 awarding subgrants. 

15 ‘‘(C) A description of how the Indian tribe 

16 or tribal education agency will monitor each en17 tity that is awarded a subgrant. 

18 ‘‘(f) STATE EDUCATIONAL AGENCY AND LOCAL EDU19 CATION AGENCY RESPONSIBILITIES.— 

20 ‘‘(1) IN GENERAL.—If an Indian tribe or tribal 

21 education agency receives a grant under this section 

22 for an Indian school that has been identified under 

23 subsection (c)(1), the Secretary shall notify the 

24 State in which the school is located, and the State 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•HR 3569 IH

1 educational agency and the local educational agency 

2 that serve such school shall— 

3 ‘‘(A) maintain funding for the school at 

4 not less than the amount supplied in the aca5 demic year immediately preceding the academic 

6 year for which the grant under this section ap7 plies; 

8 ‘‘(B) at the request of the Indian tribe or 

9 tribal education agency, enter into a cooperative 

10 agreement to authorize the Indian tribe or trib11 al education agency to plan, conduct, consoli12 date, and administer programs, services, func13 tions, and activities, or portions thereof, admin14 istered by the State educational agency or the 

15 local educational agency on behalf of the school; 

16 and 

17 ‘‘(C) authorize the Indian tribe or tribal 

18 education agency to reallocate funds for such 

19 programs, services, functions, and activities, or 

20 portions thereof, as necessary. 

21 ‘‘(2) MAINTENANCE OF EFFORT REQUIRE22 MENT.—If the maintenance of effort requirement de23 scribed in paragraph (1)(A) is not met, the Sec24 retary may withhold funding under title I from the 

25 State until such requirement is met. 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•HR 3569 IH

1 ‘‘(3) DISAGREEMENT.—If an Indian tribe or 

2 tribal education agency and the State educational 

3 agency or local educational agency cannot reach an 

4 agreement, the tribe or tribal education agency may 

5 submit to the Secretary information that such tribe 

6 or agency deems relevant, and the Secretary may 

7 make a determination on the disputed issue. 

8 ‘‘(g) USE OF FUNDS.— 

9 ‘‘(1) SCHOOL INTERVENTION MODEL.— 

10 ‘‘(A) IN GENERAL.—An Indian tribe or 

11 tribal education agency that receives a grant 

12 under this section shall use not less than 90 

13 percent of the grant funds to implement a 

14 school intervention model described in sub15 section (i), either directly or through a turn 

16 around partner that is awarded a subgrant, in 

17 a school identified under subsection (c)(1). 

18 ‘‘(B) USE OF FUNDS FOR COMPREHENSIVE

19 SERVICES.—The Indian tribe or tribal edu20 cation agency, in implementing any of the 

21 school intervention models described in sub22 section (i) in any school served under the 

23 grant— 

24 ‘‘(i) shall identify and address issues 

25 that may contribute to low academic 


smartinez on DSK6TPTVN1PROD with BILLS
20 

•HR 3569 IH

1 achievement in the schools identified under 

2 subsection (c)(1); and 

3 ‘‘(ii) may use funds under this section 

4 to provide comprehensive services to ad5 dress the issues described in subparagraph 

6 (A) and meet the full range of student 

7 needs. 

8 ‘‘(2) SUBGRANTS.—An Indian tribe or tribal 

9 education agency that receives a grant under this 

10 section may award subgrants. 

11 ‘‘(3) TRIBE OR TRIBAL EDUCATION AGENCY AC12 TIVITIES.—If an Indian tribe or tribal education 

13 agency that receives a grant under this section does 

14 not use all of the grant funds to carry out the activi15 ties described in paragraphs (1) through (3) in each 

16 school to be served under the grant, such tribe or 

17 tribal education agency shall use any remaining 

18 funds to— 

19 ‘‘(A) provide technical assistance and other 

20 support, either directly or through the creation 

21 of a school turn around office or a turn around 

22 partner, to schools identified under subsection 

23 (c)(1), which may include— 

24 ‘‘(i) the use of school quality review 

25 teams; or 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•HR 3569 IH

1 ‘‘(ii) regular site visits to monitor the 

2 implementation of selected intervention 

3 models; 

4 ‘‘(B) evaluate Indian tribe or tribal edu5 cation agency implementation of school inter6 vention models and other improvement activi7 ties; 

8 ‘‘(C) use the results of the evaluations de9 scribed in subparagraph (B) to improve Indian 

10 tribe or tribal education agency strategies for 

11 supporting, and providing flexibility for, tar12 geted schools that are identified under sub13 section (c)(1); 

14 ‘‘(D) develop pipelines of teachers and 

15 leaders that are trained to work in schools that 

16 are low-performing schools, such as the schools 

17 identified in subsection (c)(1); 

18 ‘‘(E) collect and report data; 

19 ‘‘(F) build capacity in the Indian tribe or 

20 tribal education agency for assisting schools 

21 identified under subsection (c)(1); or 

22 ‘‘(G) carry out other activities designed to 

23 build Indian tribe or tribal education agency ca24 pacity to support school improvement. 

25 ‘‘(h) DATA COLLECTION AND REPORTING.— 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•HR 3569 IH

1 ‘‘(1) IN GENERAL.—Each Indian tribe or tribal 

2 education agency receiving a grant under this sec3 tion shall— 

4 ‘‘(A) comply with the reporting and ac5 countability requirements of this part for each 

6 school that such Indian tribe or tribal education 

7 agency serves; and 

8 ‘‘(B) monitor and collect data about the 

9 students that such Indian tribe or tribal edu10 cation agency serves at each school that is 

11 served by the grant program, including the fol12 lowing data: 

13 ‘‘(i) Core academic indicators, such 

14 as— 

15 ‘‘(I) the percentage of students 

16 at each school who are at or above the 

17 proficient level on State academic as18 sessments in reading or language arts 

19 and mathematics; 

20 ‘‘(II) student progress toward 

21 core academic benchmarks; 

22 ‘‘(III) the average score for stu23 dents in each school on State aca24 demic assessments in reading or lan25 guage arts and mathematics; 


smartinez on DSK6TPTVN1PROD with BILLS
23 

•HR 3569 IH

1 ‘‘(IV) secondary school gradua2 tion rates; and 

3 ‘‘(V) rates of student enrollment 

4 in an institution of higher education. 

5 ‘‘(ii) Leading indicators, such as— 

6 ‘‘(I) student attendance rates; 

7 ‘‘(II) the number and percentage 

8 of students completing advanced 

9 coursework; 

10 ‘‘(III) student participation in 

11 State assessments in reading or lan12 guage arts and mathematics under 

13 section 1111(b)(3); 

14 ‘‘(IV) school dropout rates; 

15 ‘‘(V) discipline incident rates; 

16 ‘‘(VI) teacher attendance rates; 

17 ‘‘(VII) the distribution of teach18 ers by performance level, based on the 

19 teacher evaluation system established 

20 by the Indian tribe or tribal education 

21 agency; and 

22 ‘‘(VIII) reduction in the percent23 age of students in the lowest level of 

24 achievement on State assessments in 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•HR 3569 IH

1 reading or language arts and mathe2 matics under section 1111. 

3 ‘‘(2) REPORT.—Each Indian tribe or tribal edu4 cation agency receiving a grant under this section 

5 shall prepare and submit a report to the Secretary, 

6 which shall include the data described in paragraph 

7 (1)(B). 

8 ‘‘(i) SCHOOL INTERVENTION MODELS.—Each tribe 

9 or tribal education agency that receives a grant under this 

10 section may choose to implement 1 or more of the fol11 lowing school intervention models: 

12 ‘‘(1) TRANSFORMATION MODEL.—A trans13 formation model is a school intervention model in 

14 which the Indian tribe or tribal education agency— 

15 ‘‘(A) replaces a principal (if such principal 

16 has led the school for 2 or more years) with a 

17 new principal who has demonstrated effective18 ness in turning around a low-performing school; 

19 ‘‘(B) uses rigorous, transparent, and equi20 table evaluation systems to— 

21 ‘‘(i) identify and reward school lead22 ers, teachers, and other staff who, in im23 plementing the model, increase student 

24 achievement and, if applicable, secondary 

25 school graduation rates; and 


smartinez on DSK6TPTVN1PROD with BILLS
25 

•HR 3569 IH

1 ‘‘(ii) identify and remove school lead2 ers, teachers, and other staff who, after 

3 ample opportunities have been provided for 

4 such individuals to improve their profes5 sional practice— 

6 ‘‘(I) do not increase student 

7 achievement; 

8 ‘‘(II) if applicable, do not in9 crease secondary school graduation 

10 rates; and 

11 ‘‘(III) have not demonstrated ef12 fectiveness according to the tribe or 

13 tribal education agency’s evaluation 

14 system; 

15 ‘‘(C) provides staff with ongoing, high16 quality, job-embedded professional development 

17 that— 

18 ‘‘(i) is aligned with the school’s in19 struction program and evaluation system; 

20 ‘‘(ii) facilitates effective teaching and 

21 learning; and 

22 ‘‘(iii) supports the implementation of 

23 school-reform strategies; 

24 ‘‘(D) implements strategies (such as finan25 cial incentives, increased opportunities for proVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
26 

•HR 3569 IH

1 motion and career growth, and more flexible 

2 work conditions) that are designed to recruit, 

3 place, and retain staff who have the skills nec4 essary to meet the needs of students in the 

5 school; 

6 ‘‘(E) uses data to identify and implement 

7 a research-based instruction program that— 

8 ‘‘(i) is aligned with State or tribal 

9 challenging academic content standards 

10 and challenging student academic achieve11 ment standards under section 1111(b); and 

12 ‘‘(ii) has been proven to raise student 

13 academic achievement by not less than 10 

14 percent in 1 year; 

15 ‘‘(F) establishes schedules and strategies 

16 that provide increased learning time (which 

17 may include offering full-day kindergarten or a 

18 high-quality preschool program or using a 

19 longer school day, week, or year that increases 

20 the total number of hours at school for the 

21 school year by not fewer than 300 hours) in 

22 order to significantly increase the total number 

23 of school hours to include time for— 

24 ‘‘(i) instruction core subjects, such as 

25 English, reading or language arts, matheVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
27 

•HR 3569 IH

1 matics, science, foreign language (which 

2 may include a Native American language), 

3 civics and government, economics, arts, 

4 history, and geography; 

5 ‘‘(ii) instruction in traditional and cul6 tural programs; 

7 ‘‘(iii) instruction in other subjects; 

8 and 

9 ‘‘(iv) enrichment activities, such as 

10 physical education, service learning, and 

11 experiential work-based opportunities; 

12 ‘‘(G) promotes the continuous use of stu13 dent data to provide instruction that meets the 

14 academic needs of individual students, which 

15 may include, in elementary school, individual 

16 students’ levels of school readiness; 

17 ‘‘(H) provides ongoing mechanisms for 

18 family, community, and tribal involvement; 

19 ‘‘(I) ensures that the school receives ongo20 ing, intensive technical assistance and related 

21 support from the tribe or tribal education agen22 cy; and 

23 ‘‘(J) provides appropriate social-emotional 

24 and community-oriented support services for 

25 students, and at the discretion of the tribe or 


smartinez on DSK6TPTVN1PROD with BILLS
28 

•HR 3569 IH

1 tribal education agency, uses not more than 10 

2 percent of the total grant funds for such serv3 ices. 

4 ‘‘(2) RESTART MODEL.—A restart model is a 

5 school intervention model in which the Indian tribe 

6 or tribal education agency— 

7 ‘‘(A) converts a school— 

8 ‘‘(i) under a charter or school oper9 ator and charter management organiza10 tion; 

11 ‘‘(ii) under an education management 

12 organization; or 

13 ‘‘(iii) as an autonomous or redesigned 

14 school; 

15 ‘‘(B) implements a rigorous review process 

16 to select such a charter or school operator and 

17 charter management organization, or an edu18 cation management organization, as applicable, 

19 which includes an assurance that such operator 

20 or organization will make significant changes in 

21 the leadership and staffing of the school; and 

22 ‘‘(C) enrolls in the school any former stu23 dent who wishes to attend the school and who 

24 is within the grades the school services. 


smartinez on DSK6TPTVN1PROD with BILLS
29 

•HR 3569 IH

1 ‘‘(3) TURNAROUND MODEL.—A turnaround 

2 model is a school intervention model in which the In3 dian tribe or tribal education agency— 

4 ‘‘(A) replaces a principal (if such principal 

5 has led the school for 2 or more years) with a 

6 new principal who has demonstrated effective7 ness in turning around a low-performing school; 

8 ‘‘(B) gives a new principal sufficient oper9 ational flexibility (including flexibility in staff10 ing, the school day and school calendar, and 

11 budgeting) to fully implement a comprehensive 

12 approach to improve student outcomes; 

13 ‘‘(C) uses a comprehensive evaluation sys14 tem to evaluate staff, including the use of stu15 dent achievement data to measure the effective16 ness of staff; 

17 ‘‘(D) screens all staff who are employed at 

18 the school as of the time when the turnaround 

19 model is implemented and retains not more 

20 than 50 percent of such staff; 

21 ‘‘(E) requires the principal to justify per22 sonnel decisions (such as hiring, dismissal, and 

23 rewards) based on the results of the comprehen24 sive evaluation system; 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•HR 3569 IH

1 ‘‘(F) provides staff with ongoing, high2 quality, job-embedded professional development 

3 that— 

4 ‘‘(i) is aligned with the school’s in5 struction program and evaluation system; 

6 ‘‘(ii) facilitates effective teaching and 

7 learning; and 

8 ‘‘(iii) supports the implementation of 

9 school-reform strategies; 

10 ‘‘(G) uses data to— 

11 ‘‘(i) identify and implement a re12 search-based instructional program; 

13 ‘‘(ii) evaluate school improvement 

14 strategies; and 

15 ‘‘(iii) inform differentiated instruction, 

16 in order to meet the academic needs of in17 dividual students; 

18 ‘‘(H) encourages the use of extended learn19 ing time partnerships; 

20 ‘‘(I) establishes schedules and strategies 

21 that provide increased learning time (which 

22 may include offering full-day kindergarten or a 

23 high-quality preschool program or using a 

24 longer school day, week, or year that increases 

25 the total number of hours at school for the 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•HR 3569 IH

1 school year by not fewer than 300 hours) in 

2 order to significantly increase the total number 

3 of school hours to include time for— 

4 ‘‘(i) instruction core subjects, such as 

5 English, reading or language arts, mathe6 matics, science, foreign language (which 

7 may include a Native American language), 

8 civics and government, economics, arts, 

9 history, and geography; 

10 ‘‘(ii) instruction in traditional and cul11 tural programs; 

12 ‘‘(iii) instruction in other subjects; 

13 ‘‘(iv) enrichment activities, such as 

14 physical education, service learning, and 

15 experiential work-based opportunities; or 

16 ‘‘(v) teachers to collaborate, plan, and 

17 engage in professional development within 

18 and across grades and subjects; 

19 ‘‘(J) provides ongoing mechanisms for 

20 family, community, and tribal involvement; and 

21 ‘‘(K) provides appropriate social and emo22 tional community-oriented support services for 

23 students. 

24 ‘‘(j) INSUFFICIENT PROGRESS.—If an Indian tribe or 

25 tribal education agency fails to demonstrate sufficient 


smartinez on DSK6TPTVN1PROD with BILLS
32 

•HR 3569 IH

1 progress, as defined by the State, on the core academic 

2 indicators and leading indicators described in subsection 

3 (h)(1)(B), such tribe or agency shall be required to— 

4 ‘‘(1) modify the existing school intervention 

5 model; or 

6 ‘‘(2) restart the school using the restart model 

7 described in subsection (i)(2). 

8 ‘‘(k) RESERVATION OF FUNDS.—From the amount 

9 appropriated each fiscal year for grants to State edu10 cational agencies and local educational agencies for school 

11 improvement actions under this part, the Secretary shall 

12 reserve not less than 10 percent of such amount for grants 

13 under this section.’’; and 

14 (6) in section 1118— 

15 (A) in subsection (a)(2)— 

16 (i) in subparagraph (E) by striking 

17 ‘‘and’’ after the semicolon; 

18 (ii) by redesignating subparagraph 

19 (F) as subparagraph (G); and 

20 (iii) by inserting after subparagraph 

21 (E) the following: 

22 ‘‘(F) with respect to an agency that serves 

23 Indian children, identify the barriers to effective 

24 involvement of the parents of such children; 

25 and’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
33 

•HR 3569 IH

1 (B) in subsection (e)— 

2 (i) by redesignating paragraphs (6) 

3 through (14) as paragraphs (7) through 

4 (15), respectively; and 

5 (ii) by inserting after paragraph (5), 

6 the following: 

7 ‘‘(6) in consultation with Indian tribes and par8 ents of Indian children who are served by any school 

9 that is served by the agency, shall establish mecha10 nisms to overcome barriers to effective Indian paren11 tal involvement, which may include— 

12 ‘‘(A) providing literacy programs and use 

13 of technology training, as needed, for such par14 ents at locations accessible to the homes of such 

15 parents; 

16 ‘‘(B) providing or paying the reasonable 

17 costs of transportation and child care to enable 

18 such parents to participate in literacy pro19 grams, use of technology training, and school20 related meetings; 

21 ‘‘(C) providing training regarding the 

22 roles, rights and responsibilities of such par23 ents, including information about culture-based 

24 education; and 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•HR 3569 IH

1 ‘‘(D) contracting with an Indian tribe or 

2 tribal education agency to provide the services 

3 described in subparagraphs (A), (B) and (C);’’. 

4 SEC. 112. STANDARDS-BASED ASSESSMENTS. 

5 Section 1111(b)(3) of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended 

7 by adding at the end the following: 

8 ‘‘(E) STANDARDS-BASED EDUCATION AS9 SESSMENTS.—Notwithstanding any other provi10 sion of this Act, a State shall develop stand11 ards-based education assessments and class12 room lessons to accommodate diverse learning 

13 styles, which assessments may be used by the 

14 State in place of the general assessments de15 scribed in subparagraph (A).’’. 

16 SEC. 113. NATIVE LANGUAGE TEACHING. 

17 Section 1119 of the Elementary and Secondary Edu18 cation Act of 1965 (20 U.S.C. 6319) is amended by add19 ing at the end the following: 

20 ‘‘(m) QUALIFICATIONS FOR NATIVE LANGUAGE

21 TEACHERS.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the requirements of subsection (a) 

24 on local educational agencies and States with respect 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•HR 3569 IH

1 to highly qualified teachers, shall not apply to a 

2 teacher of a Native language. 

3 ‘‘(2) ALTERNATIVE LICENSURE OR CERTIFI4 CATION.—Each State educational agency receiving 

5 assistance under this part shall develop an alter6 native licensure or certification for teachers of a Na7 tive language.’’. 

8 SEC. 114. PREVENTION AND INTERVENTION PROGRAMS 

9 FOR CHILDREN AND YOUTH WHO ARE NE10 GLECTED, DELINQUENT, OR AT-RISK. 

11 Part D of title I of the Elementary and Secondary 

12 Education Act of 1965 (20 U.S.C. 6421 et seq.) is amend13 ed— 

14 (1) in section 1401— 

15 (A) in subsection (a)(3), by inserting ‘‘and 

16 the involvement of their families and their com17 munities.’’ after ‘‘their continued education’’; 

18 and 

19 (B) in subsection (b), by inserting ‘‘subject 

20 to section 1402(c),’’ after ‘‘section 1002(d)’’; 

21 (2) in section 1402, by adding at the end the 

22 following: 

23 ‘‘(c) RESERVATION FOR THE SECRETARY OF THE IN24 TERIOR.—From the amount appropriated for this part for 

25 any fiscal year, the Secretary shall reserve 4 percent of 


smartinez on DSK6TPTVN1PROD with BILLS
36 

•HR 3569 IH

1 such funds for the Secretary of the Interior to provide edu2 cational services for at-risk Indian children, including In3 dian youth in correctional facilities operated by the Sec4 retary of the Interior or by an Indian tribe.’’; 

5 (3) in section 1414(c)— 

6 (A) in paragraph (9), by inserting ‘‘, In7 dian tribes, tribal education agencies,’’ after 

8 ‘‘local educational agencies’’; 

9 (B) by redesignating paragraphs (12) 

10 through (19) as paragraphs (13) through (20), 

11 respectively; 

12 (C) by inserting after paragraph (11), the 

13 following: 

14 ‘‘(12) describe the procedure that the State 

15 agency will use to consult, on an ongoing basis, with 

16 Indian tribes in the State to determine the needs of 

17 Indian children and youth who are neglected, delin18 quent, or at-risk, including such children and youth 

19 in a correctional facility or institution;’’; 

20 (D) in paragraph (19), as redesignated by 

21 subparagraph (B), by striking ‘‘and’’ after the 

22 semicolon; 

23 (E) in paragraph (20), as redesignated by 

24 subparagraph (B), by striking the period at the 

25 end and inserting ‘‘; and’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
37 

•HR 3569 IH

1 (F) by adding at the end the following: 

2 ‘‘(21) provides an assurance that the program 

3 under this subpart will utilize curriculum that is cul4 turally appropriate, based on the demographics of 

5 the neglected or delinquent children and youth 

6 served by such program.’’; 

7 (4) in section 1416— 

8 (A) in paragraph (7), by striking ‘‘and’’ 

9 after the semicolon; 

10 (B) in paragraph (8), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(9) includes an assurance that the State agen14 cy has consulted with Indian tribes in the State in 

15 the development of the comprehensive plan under 

16 this part.’’; 

17 (5) in section 1418— 

18 (A) by striking paragraph (1) of subsection 

19 (a) and inserting the following: 

20 ‘‘(1) projects that facilitate the transition of 

21 children and youth from State-operated institutions, 

22 or institutions in the State operated by the Sec23 retary of the Interior or Indian tribes, to schools 

24 served by local educational agencies or to schools 

25 funded by the Bureau of Indian Education; or’’; 


smartinez on DSK6TPTVN1PROD with BILLS
38 

•HR 3569 IH

1 (B) in subsection (b), by inserting ‘‘Indian 

2 tribes,’’ after local educational agencies; 

3 (C) by redesignating subsection (c) as sub4 section (d); and 

5 (D) by inserting after subsection (b) the 

6 following: 

7 ‘‘(c) CONSULTATION WITH INDIAN TRIBES.—The 

8 State agency shall consult with Indian tribes in the State 

9 in the development of transition projects, and coordinate 

10 such State projects with transition and reentry projects 

11 operated by such tribes.’’; 

12 (6) in section 1419(2), by inserting ‘‘and Indian 

13 tribal programs’’ after ‘‘State agency programs’’; 

14 (7) in section 1421— 

15 (A) in the matter preceding paragraph (1), 

16 by inserting ‘‘, including correctional facilities 

17 in the State operated by the Secretary of the 

18 Interior or Indian tribes’’ after ‘‘locally oper19 ated correctional facilities’’; and 

20 (B) in paragraph (3), by inserting ‘‘, in21 cluding schools funded by the Bureau of Indian 

22 Education,’’ after ‘‘local schools’’; 

23 (8) in section 1422— 

24 (A) in subsection (a), by striking ‘‘(includ25 ing facilities involved in community day proVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
39 

•HR 3569 IH

1 grams).’’ and inserting ‘‘(including facilities in2 volved in community day programs and facili3 ties in the State that are operated by the Sec4 retary of the Interior or Indian tribes).’’; and 

5 (B) in subsection (d), by inserting ‘‘, 

6 schools funded by the Bureau of Indian Edu7 cation,’’ after ‘‘returning to local educational 

8 agencies’’; 

9 (9) in section 1423— 

10 (A) in paragraph (2)— 

11 (i) in subsection (A), by inserting 

12 ‘‘and, as appropriate, an Indian tribe in 

13 the State’’ after ‘‘program to be assisted’’; 

14 and 

15 (ii) in subsection (B), by inserting ‘‘, 

16 including such facilities operated by the 

17 Secretary of the Interior and Indian 

18 tribes’’ after ‘‘juvenile justice system’’; 

19 (B) by redesignating paragraphs (4) 

20 through (13) as paragraphs (5) through (14), 

21 respectively; 

22 (C) by inserting after paragraph (3) the 

23 following: 

24 ‘‘(4) a description of the process for consulta25 tion and coordination with Indian tribes in the State 


smartinez on DSK6TPTVN1PROD with BILLS
40 

•HR 3569 IH

1 regarding services provided under the program to 

2 Indian children and youth;’’; 

3 (D) in paragraph (13), as redesignated by 

4 subparagraph (B), by striking ‘‘and’’ after the 

5 semicolon; 

6 (E) in paragraph (14), as redesignated by 

7 subparagraph (B), by striking the period at the 

8 end and inserting ‘‘; and’’; and 

9 (F) by adding at the end the following: 

10 ‘‘(15) a description of the demographics of the 

11 children and youth served and an assurance that the 

12 curricula and co-curricular activities will be cul13 turally appropriate for such children and youth.’’; 

14 (10) in section 1424 (20 U.S.C. 6454)— 

15 (A) in paragraph (4), by striking ‘‘and’’ 

16 after the semicolon; 

17 (B) in paragraph (5), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(6) programs for at-risk Indian children and 

21 youth, including such individuals in correctional fa22 cilities in the area served by the local educational 

23 agency that are operated by the Secretary of the In24 terior or Indian tribes.’’; 

25 (11) by redesignating subpart 3 as subpart 4; 


smartinez on DSK6TPTVN1PROD with BILLS
41 

•HR 3569 IH

1 (12) by redesignating sections 1431 and 1432 

2 as sections 1441 and 1442, respectively; 

3 (13) by inserting after subpart 2 the following: 

4 ‘‘Subpart 3—Education Programs for Indian Children 

5 and Youth 

6 ‘‘SEC. 1432. GRANTS TO INDIAN TRIBES. 

7 ‘‘(a) PURPOSE.—The purpose of this section is to au8 thorize an educational program to be known as the ‘Indian 

9 Children and Youth At-Risk Education Program’, which 

10 shall— 

11 ‘‘(1) carry out high-quality and culturally ap12 propriate education programs to prepare Indian chil13 dren and youth who are in correctional facilities (or 

14 enrolled in community day programs for neglected or 

15 delinquent children and youth) operated by the Sec16 retary of the Interior or Indian tribes for secondary 

17 school completion, training, employment, or further 

18 education; and 

19 ‘‘(2) to provide activities to facilitate the transi20 tion of such children and youth from the correctional 

21 program to further education or employment. 

22 ‘‘(b) GRANTS AUTHORIZED.— 

23 ‘‘(1) IN GENERAL.—From the amount reserved 

24 for the Secretary of the Interior under section 

25 1402(c), and subject to paragraph (2), the Secretary 


smartinez on DSK6TPTVN1PROD with BILLS
42 

•HR 3569 IH

1 of the Interior shall award grants, on a competitive 

2 basis, to Indian tribes with high numbers or percent3 ages of children and youth in juvenile detention fa4 cilities that are operated by the Secretary of the In5 terior or Indian tribes in order to enable such Indian 

6 tribes to carry out the activities described in section 

7 1434. 

8 ‘‘(2) CONTRACT IN LIEU OF GRANT.—At the re9 quest of an Indian tribe, the Secretary of the Inte10 rior shall enter into a contract under the Indian 

11 Self-Determination and Education Assistance Act 

12 for operation of a program under this subpart in lieu 

13 of making a grant to such tribe. 

14 ‘‘(3) NOTIFICATION.—The Secretary of the In15 terior shall notify Indian tribes of the availability of 

16 funding under this subpart. 

17 ‘‘(c) TRIBAL APPLICATIONS.—Each Indian tribe de18 siring to receive a grant under this subpart shall submit 

19 an application to the Secretary of the Interior at such 

20 time, in such manner, and accompanied by such informa21 tion as the Secretary of the Interior may require. Each 

22 such application shall include the following: 

23 ‘‘(1) A description of the program that will be 

24 assisted with grant funds under this subpart. 


smartinez on DSK6TPTVN1PROD with BILLS
43 

•HR 3569 IH

1 ‘‘(2) A description of any formal agreements re2 garding the program, between the Indian tribe and, 

3 as appropriate— 

4 ‘‘(A) 1 or more local educational agencies; 

5 ‘‘(B) 1 or more schools funded by the Bu6 reau of Indian Education; 

7 ‘‘(C) correctional facilities operated by the 

8 Secretary of the Interior or Indian tribes; 

9 ‘‘(D) alternative school programs serving 

10 Indian children and youth who are involved 

11 with the juvenile justice system; or 

12 ‘‘(E) tribal, State, private, or public orga13 nizations or corporations providing education, 

14 skill-building, or reentry services. 

15 ‘‘(3) As appropriate, a description of how par16 ticipating entities will coordinate with facilities work17 ing with delinquent Indian children and youth to en18 sure that such children and youth are participating 

19 in an education program comparable to the edu20 cation program in the local school that such youth 

21 would otherwise attend. 

22 ‘‘(4) A description of how the program will de23 velop culturally appropriate academic curricula and 

24 co-curricular activities to supplement the educational 


smartinez on DSK6TPTVN1PROD with BILLS
44 

•HR 3569 IH

1 program provided by a facility working with delin2 quent Indian children and youth. 

3 ‘‘(5) A description of the program that the In4 dian tribe will carry out for Indian children and 

5 youth returning from correctional facilities. 

6 ‘‘(6) As appropriate, a description of the types 

7 of services that such tribe will provide for such chil8 dren and youth and other at-risk children and youth, 

9 either directly or in cooperation with local edu10 cational agencies and schools funded by the Bureau 

11 of Indian Education. 

12 ‘‘(7) A description of the characteristics (includ13 ing learning difficulties, substance abuse problems, 

14 and other special needs) of the Indian children and 

15 youth who will be returning from correctional facili16 ties and, as appropriate, other at-risk Indian chil17 dren and youth expected to be served by the pro18 gram. 

19 ‘‘(8) A description of how the tribe will coordi20 nate the program with existing educational programs 

21 of local educational agencies and schools funded by 

22 the Bureau of Indian Education to meet the unique 

23 educational needs of Indian children and youth who 

24 will be returning from correctional facilities and, as 


smartinez on DSK6TPTVN1PROD with BILLS
45 

•HR 3569 IH

1 appropriate, other at-risk Indian children and youth 

2 expected to be served by the program. 

3 ‘‘(9) As appropriate, a description of how the 

4 program will coordinate with existing social, health, 

5 and other services to meet the needs of students re6 turning from correctional facilities, including— 

7 ‘‘(A) prenatal health care; 

8 ‘‘(B) nutrition; 

9 ‘‘(C) mental health and substance abuse 

10 services; 

11 ‘‘(D) targeted reentry and outreach pro12 grams; and 

13 ‘‘(E) referrals to community resources re14 lated to the health of the child or youth. 

15 ‘‘(10) A description of partnerships with tribal, 

16 State, private or public organizations, or corpora17 tions to develop vocational training, curriculum18 based youth entrepreneurship education, and men19 toring services for participating students. 

20 ‘‘(11) As appropriate, a description of how the 

21 program will involve parents in efforts to— 

22 ‘‘(A) improve the educational achievement 

23 of their children; 

24 ‘‘(B) assist in dropout prevention activities; 

25 and 


smartinez on DSK6TPTVN1PROD with BILLS
46 

•HR 3569 IH

1 ‘‘(C) prevent the involvement of their chil2 dren in delinquent activities. 

3 ‘‘(12) A description of how the program under 

4 this subpart will be coordinated with other Federal, 

5 State, tribal, and local programs, such as programs 

6 under title I of Public Law 105–220 and vocational 

7 and technical education programs serving at-risk 

8 children and youth. 

9 ‘‘(13) A description of how the program will be 

10 coordinated with programs operated under the Juve11 nile Justice and Delinquency Prevent Act of 1974 

12 and other comparable programs, if applicable. 

13 ‘‘(14) A description of the efforts participating 

14 schools will make to ensure that correctional facili15 ties working with children and youth are aware of 

16 any existing individualized education programs for 

17 such children or youth. 

18 ‘‘(15) As appropriate, a description of the steps 

19 participating schools will take to find alternative 

20 placements for children and youth who are inter21 ested in continuing their education but unable to 

22 participate in a regular school program. 

23 ‘‘(16) As appropriate, a description of how the 

24 program under this subpart will be coordinated with 


smartinez on DSK6TPTVN1PROD with BILLS
47 

•HR 3569 IH

1 other Federal, State, tribal, and local programs serv2 ing at-risk children and youth. 

3 ‘‘(17) As appropriate, a description of how the 

4 program will coordinate with probation officers to 

5 assist in meeting the needs of children and youth re6 turning from correctional facilities. 

7 ‘‘(d) USES OF FUNDS.—Funds provided to Indian 

8 tribes under this subpart may be used for the purposes 

9 described in section 1424. 

10 ‘‘(e) PROGRAM REQUIREMENTS FOR CORRECTIONAL

11 FACILITIES RECEIVING FUNDS UNDER THIS SUBPART.— 

12 Each correctional facility entering into an agreement with 

13 an Indian tribe under section 1432(2) to provide services 

14 to Indian children and youth under this subpart shall— 

15 ‘‘(1) if feasible, ensure that educational pro16 grams in the correctional facility are coordinated 

17 with the student’s home school, particularly in the 

18 case of a student with an individualized education 

19 program under part B of the Individuals with Dis20 abilities Education Act; 

21 ‘‘(2) if a child or youth is identified as in need 

22 of special education services while in the correctional 

23 facility, notify such child’s local school; 

24 ‘‘(3) provide transition assistance to help the 

25 child or youth stay in school, including coordination 


smartinez on DSK6TPTVN1PROD with BILLS
48 

•HR 3569 IH

1 of services for the family, counseling, assistance in 

2 accessing drug and alcohol abuse prevention pro3 grams, tutoring, and family counseling; 

4 ‘‘(4) provide support programs that encourage 

5 children and youth who have dropped out of school 

6 to reenter school once their term at the correctional 

7 facility has been completed, or provide such children 

8 and youth with the skills necessary to gain employ9 ment or seek a secondary school diploma or its rec10 ognized equivalent; 

11 ‘‘(5) work to ensure that the correctional facil12 ity is staffed with teachers and other qualified staff 

13 who are trained to work with children and youth 

14 with disabilities, taking into consideration the unique 

15 needs of such children and youth; 

16 ‘‘(6) ensure that education programs in the cor17 rectional facility aim to help students meet high aca18 demic achievement standards; 

19 ‘‘(7) to the extent possible, use technology to 

20 assist in coordinating educational programs between 

21 the correctional facility and participating program 

22 partners; 

23 ‘‘(8) where feasible, involve parents in efforts to 

24 improve the educational achievement of their chilVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
49 

•HR 3569 IH

1 dren and prevent the further involvement of such 

2 children in delinquent activities; 

3 ‘‘(9) coordinate funds received under this sub4 part with other local, State, tribal, and Federal 

5 funds available to provide services to participating 

6 children and youth, such as funds made available 

7 under title I of Public Law 105–220, and vocational 

8 and technical education funds; 

9 ‘‘(10) coordinate programs operated under this 

10 subpart with activities funded under the Juvenile 

11 Justice and Delinquency Prevention Act of 1974 and 

12 other comparable programs, if applicable; and 

13 ‘‘(11) work with local partners to develop train14 ing, curriculum-based youth entrepreneurship edu15 cation, and mentoring programs for children and 

16 youth. 

17 ‘‘(f) TECHNICAL ASSISTANCE.—At the request of an 

18 Indian tribe that receives assistance under this subpart, 

19 the Secretary of the Interior may, to the extent resources 

20 are available, provide technical assistance— 

21 ‘‘(1) to improve the performance of a program 

22 funded under this subpart; 

23 ‘‘(2) to recruit and retain qualified educational 

24 professionals to assist in the delivery of services 

25 under such program; and 


smartinez on DSK6TPTVN1PROD with BILLS
50 

•HR 3569 IH

1 ‘‘(3) to perform the program evaluations re2 quired by section 1441. 

3 ‘‘SEC. 1433. EDUCATIONAL ALTERNATIVES TO DETENTION. 

4 ‘‘(a) PURPOSES.—The purposes of this section are— 

5 ‘‘(1) to decrease the number of incarcerated In6 dian children and youth; 

7 ‘‘(2) to decrease the rate of high school drop8 outs among Indian youth; 

9 ‘‘(3) to provide educational alternatives to in10 carceration for at-risk Indian children and youth; 

11 and 

12 ‘‘(4) to increase community and family involve13 ment in the education of at-risk Indian children and 

14 youth. 

15 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 

16 ‘eligible entity’ means— 

17 ‘‘(1) an Indian tribe, tribal education agency, or 

18 tribal organization; 

19 ‘‘(2) a Bureau-funded school, as defined in sec20 tion 1141 of the Education Amendments of 1978 

21 (25 U.S.C. 2021); 

22 ‘‘(3) a correctional facility, in consortium with 

23 a tribe, tribal education agency, or tribal organiza24 tion; or 


smartinez on DSK6TPTVN1PROD with BILLS
51 

•HR 3569 IH

1 ‘‘(4) a State educational agency or local edu2 cational agency in consortium with a tribe, tribal 

3 education agency or tribal organization, as defined 

4 in section 4 of the Indian Self-Determination and 

5 Education Assistance Act (25 U.S.C. 450b). 

6 ‘‘(c) PROGRAM AUTHORIZED.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 the Secretary is authorized to award grants to eligi9 ble entities having applications approved under this 

10 section to enable such entities to carry out the ac11 tivities described in subsection (d). 

12 ‘‘(2) CONTRACTS.—At the request of an Indian 

13 tribe, the Secretary shall transfer program funding 

14 to the Secretary of the Interior, who shall enter into 

15 a contract under the Indian Self-Determination and 

16 Education Assistance Act with the tribe for oper17 ation of a program under this section in lieu of mak18 ing a grant to such tribe. 

19 ‘‘(3) DURATION.—Grants awarded under this 

20 section shall be for a period of not less than 3 years 

21 and not more than 5 years. 

22 ‘‘(d) AUTHORIZED ACTIVITIES.—Grant funds under 

23 this section shall be used for activities to provide edu24 cational alternatives for Indian youth who have been sen25 tenced to incarceration or juvenile detention, in a manner 


smartinez on DSK6TPTVN1PROD with BILLS
52 

•HR 3569 IH

1 consistent with the purposes of this section. Such activities 

2 may include— 

3 ‘‘(1) half- or full-day alternative education pro4 grams for disruptive youth who are temporarily sus5 pended; 

6 ‘‘(2) school-based drug and substance abuse 

7 prevention programs; 

8 ‘‘(3) truancy prevention programs; 

9 ‘‘(4) multi-year alternative educational pro10 grams; and 

11 ‘‘(5) home or community detention programs. 

12 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

13 grant under this section shall submit an application to the 

14 Secretary at such time, in such manner, and accompanied 

15 by such information as the Secretary may require. Each 

16 such application shall include the following: 

17 ‘‘(1) A description of the program that will be 

18 assisted with grant funds under this subpart. 

19 ‘‘(2) A description of any formal agreements re20 garding the program, between the Indian tribe and, 

21 as appropriate— 

22 ‘‘(A) 1 or more local educational agencies; 

23 ‘‘(B) 1 or more schools funded by the Bu24 reau of Indian Education; 


smartinez on DSK6TPTVN1PROD with BILLS
53 

•HR 3569 IH

1 ‘‘(C) correctional facilities operated by the 

2 Secretary of the Interior or Indian tribes; or 

3 ‘‘(D) tribal, State, private, or public orga4 nizations or corporations providing education, 

5 skill-building, or reentry services. 

6 ‘‘(3) As appropriate, a description of how the 

7 program will develop culturally appropriate academic 

8 curriculum and co-curricular activities. 

9 ‘‘(4) As appropriate, a description of the types 

10 of services that the eligible entity will provide to at11 risk Indian children, youth, and families. 

12 ‘‘(5) As appropriate, a description of any part13 nerships with tribal, local, or State law enforcement 

14 or judicial systems to provide education alternatives 

15 to detention and wrap around services, which may 

16 include— 

17 ‘‘(A) behavioral health services; 

18 ‘‘(B) family counseling; 

19 ‘‘(C) teen pregnancy counseling; 

20 ‘‘(D) substance abuse services; 

21 ‘‘(E) alcohol abuse services; or 

22 ‘‘(F) job training. 

23 ‘‘(6) As appropriate, a description of evaluation 

24 activities to develop educational plans for at-risk In25 dian children and youth who are transitioning back 


smartinez on DSK6TPTVN1PROD with BILLS
54 

•HR 3569 IH

1 to a local educational agency or earning a secondary 

2 school diploma, or the recognized equivalent of a sec3 ondary school diploma. 

4 ‘‘(f) EVALUATION.—Each eligible entity that receives 

5 a grant under this section shall— 

6 ‘‘(1) evaluate the grant program, not less than 

7 once every 3 years, to determine the program’s suc8 cess, consistent with the purposes of this section; 

9 and 

10 ‘‘(2) prepare and submit a report containing 

11 the information described in paragraph (1) to the 

12 Secretary, the Coordinating Council on Juvenile Jus13 tice and Delinquency Prevention, and Indian tribes. 

14 ‘‘(g) DEFINITION.—The term ‘tribal education agen15 cy’ means— 

16 ‘‘(1) the authorized governmental agency of a 

17 federally recognized American Indian and Alaska 

18 Native tribe (as defined in section 4 of the Indian 

19 Self-Determination and Education Assistance Act 

20 (25 U.S.C. 450b)) that is primarily responsible for 

21 regulating, administering, or supervising the formal 

22 education of tribal members; and 

23 ‘‘(2) includes tribal education departments, 

24 tribal divisions of education, tribally sanctioned edu25 cation authorities, tribal education administrative 


smartinez on DSK6TPTVN1PROD with BILLS
55 

•HR 3569 IH

1 planning and development agencies, tribal education 

2 agencies, and tribal administrative education enti3 ties. 

4 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the 

5 purpose of carrying out this subpart, there are authorized 

6 to be appropriated $2,000,000 for fiscal year 2012 and 

7 such sums as may be necessary for each of the 5 suc8 ceeding fiscal years.’’; 

9 (14) in section 1441, as redesignated by para10 graph (12)— 

11 (A) in subsection (a)— 

12 (i) in the matter preceding paragraph 

13 (1), by striking ‘‘Each State agency or 

14 local educational agency that conducts a 

15 program under subpart 1 or 2 shall’’ and 

16 inserting ‘‘Each State agency, local edu17 cational agency, or Indian tribe that con18 ducts a program evaluation under subpart 

19 1, 2, or 3 shall’’; and 

20 (ii) in paragraph (3), by inserting ‘‘or 

21 school funded by the Bureau of Indian 

22 Education’’ after ‘‘local educational agen23 cy’’; 

24 (B) in subsection (c), by striking ‘‘a State 

25 agency or local educational agency’’ and insertVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
56 

•HR 3569 IH

1 ing ‘‘a State agency, local educational agency, 

2 or Indian tribe’’; and 

3 (C) by striking subsection (d) and insert4 ing the following: 

5 ‘‘(d) EVALUATION RESULTS.— 

6 ‘‘(1) IN GENERAL.—Each State agency, local 

7 educational agency, and Indian tribe shall— 

8 ‘‘(A) submit evaluation results to the State 

9 educational agency and the Secretary; and 

10 ‘‘(B) use the results of evaluations under 

11 this section to plan and improve subsequent 

12 programs for participating children and youth. 

13 ‘‘(2) INDIAN TRIBES.—Each Indian tribe shall 

14 also submit evaluation results to the Secretary of the 

15 Interior. 

16 ‘‘(e) EVALUATION OF PROGRAMS FOR AT-RISK IN17 DIAN YOUTH.— 

18 ‘‘(1) IN GENERAL.—Not later than 4 years 

19 after the date of enactment of the Native Culture, 

20 Language, and Access for Success in Schools Act, 

21 the Secretary and the Secretary of the Interior, in 

22 collaboration with the Attorney General, shall pre23 pare a report that— 

24 ‘‘(A) compiles demographic information 

25 about at-risk Indian youth, including Indian 


smartinez on DSK6TPTVN1PROD with BILLS
57 

•HR 3569 IH

1 youth in correctional facilities operated by the 

2 Department of the Interior and Indian tribes; 

3 ‘‘(B) evaluates existing educational pro4 grams for at-risk Indian youth; and 

5 ‘‘(C) provides recommendations for im6 provement of such educational programs. 

7 ‘‘(2) SUBMISSION TO CONGRESSIONAL COMMIT8 TEES.—The Secretary and the Secretary of the Inte9 rior shall submit the report described in paragraph 

10 (1) to the Health, Education, Labor and Pensions 

11 Committee and the Indian Affairs Committee of the 

12 Senate, the Committee on Education and the Work13 force and the Committee on Natural Resources of 

14 the House of Representatives, and to Indian 

15 tribes.’’; 

16 (15) in section 1442, as redesignated by para17 graph (12), by inserting at the end the following: 

18 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

19 means any Indian tribe, band, nation, other orga20 nized group or community, including any Alaska Na21 tive village or Regional Corporation or Village Cor22 poration as defined in or established pursuant to the 

23 Alaska Native Claims Settlement Act (42 U.S.C. 

24 1601 et seq.), which is recognized as eligible for the 

25 special programs and services provided by the 


smartinez on DSK6TPTVN1PROD with BILLS
58 

•HR 3569 IH

1 United States to Indians because of their status as 

2 Indians.’’; and 

3 (16) in section 1903(b)(2)— 

4 (A) in subparagraph (F), by striking 

5 ‘‘and’’ after the semicolon; 

6 (B) in subparagraph (G), by striking the 

7 period and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(H) representatives of Indian tribes lo10 cated in the State.’’. 

11 Subtitle B—Preparing, Training, 

12 and Recruiting High-Quality 

13 Teachers and Principals 

14 SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH15 QUALITY TEACHERS AND PRINCIPALS. 

16 Title II (20 U.S.C. 6601 et seq.) is amended— 

17 (1) in part A— 

18 (A) by striking paragraph (3) of section 

19 2102 (20 U.S.C. 6602) and inserting the fol20 lowing: 

21 ‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGEN22 CY.—The term ‘high-need local educational agency’ 

23 means— 

24 ‘‘(A) a local educational agency— 


smartinez on DSK6TPTVN1PROD with BILLS
59 

•HR 3569 IH

1 ‘‘(i)(I) that serves not fewer than 

2 10,000 children from families with incomes 

3 below the poverty line; or 

4 ‘‘(II) for which not less than 20 per5 cent of the children served by the agency 

6 are from families with incomes below the 

7 poverty line; and 

8 ‘‘(ii)(I) for which there is a high per9 centage of teachers not teaching in the 

10 academic subjects or grade levels that the 

11 teachers were trained to teach; or 

12 ‘‘(II) for which there is a high per13 centage of teachers with emergency, provi14 sional, or temporary certification or licens15 ing; or 

16 ‘‘(B) a school funded by the Bureau of In17 dian Education.’’; 

18 (B) by striking clause (ii) of section 

19 2111(b)(1)(A) (20 U.S.C. 6611(b)(1)(A)) and 

20 inserting the following: 

21 ‘‘(ii) 5 percent for the Secretary of 

22 the Interior to be distributed to schools op23 erated or funded by the Bureau of Indian 

24 Education, as provided in section 

25 2123(c).’’; 


smartinez on DSK6TPTVN1PROD with BILLS
60 

•HR 3569 IH

1 (C) in section 2113(c)(18) (20 U.S.C. 

2 6613(c)(18))— 

3 (i) in subparagraph (A) by striking 

4 ‘‘and’’ after the semicolon; 

5 (ii) in subparagraph (B) by striking 

6 the period and inserting ‘‘; and’’; and 

7 (iii) by inserting at the end the fol8 lowing: 

9 ‘‘(C) provides access to clearinghouse in10 formation to schools in the State that are fund11 ed by the Bureau of Indian Education.’’; 

12 (D) in section 2122 (20 U.S.C. 6622)— 

13 (i) in subsection (b)— 

14 (I) in paragraph (2), by inserting 

15 ‘‘, including Indian students,’’ after 

16 ‘‘minority students’’; and 

17 (II) in paragraph (9)— 

18 (aa) in subparagraph (C) by 

19 striking ‘‘and’’ after the semi20 colon; 

21 (bb) in subparagraph (D) by 

22 striking the period at the end 

23 and inserting ‘‘; and’’; and 

24 (cc) by adding at the end 

25 the following: 


smartinez on DSK6TPTVN1PROD with BILLS
61 

•HR 3569 IH

1 ‘‘(E) for teachers in schools that serve In2 dian children, become familiar with the Indian 

3 communities served by the local educational 

4 agency and incorporate culturally responsive 

5 teaching and learning strategies for Indian chil6 dren into the educational program.’’; and 

7 (ii) in subsection (c), by inserting ‘‘, 

8 in the case of a local educational agency 

9 that serves an Indian tribal community, 

10 representatives of Indian tribes,’’ after 

11 ‘‘part A of title I’’; 

12 (E) in section 2123 (20 U.S.C. 6623)— 

13 (i) in subsection (a)(3)— 

14 (I) in subparagraph (B)— 

15 (aa) in clause (ii), by insert16 ing ‘‘students from Indian res17 ervation communities,’’ after 

18 ‘‘(including students who are 

19 gifted and talented),’’; 

20 (bb) in clause (iv), by strik21 ing ‘‘limited English proficient 

22 and immigrant children; and’’ 

23 and inserting ‘‘children from In24 dian reservation communities, 


smartinez on DSK6TPTVN1PROD with BILLS
62 

•HR 3569 IH

1 limited English proficient chil2 dren, and immigrant children;’’; 

3 (cc) in clause (v), by striking 

4 the period at the end and insert5 ing ‘‘; and’’; and 

6 (dd) by inserting at the end 

7 the following: 

8 ‘‘(vi) in the case of a local educational 

9 agency that serves Indian children, provide 

10 training in effective incorporation of cul11 turally responsive teaching and learning 

12 strategies for Indian children.’’; and 

13 (II) in subparagraph (D), by in14 serting ‘‘Indian students,’’ after ‘‘dis15 advantaged families,’’; and 

16 (ii) by adding at the end the fol17 lowing: 

18 ‘‘(c) BUREAU OF INDIAN EDUCATION SCHOOLS.—A 

19 school funded by the Bureau of Indian Education that re20 ceives funds reserved under section 2111(b)(1)(A)(ii) shall 

21 use such funds to carry out 1 or more of the activities 

22 described in subsection (a), and may use such funds to 

23 improve housing, as needed to recruit and retain highly 

24 qualified teachers and principals.’’; 


smartinez on DSK6TPTVN1PROD with BILLS
63 

•HR 3569 IH

1 (F) in section 2131(1) (20 U.S.C. 

2 6631(1))— 

3 (i) in subparagraph (A)(i) by inserting 

4 ‘‘, or a tribally controlled college or univer5 sity (as defined in section 2 of the Tribally 

6 Controlled Colleges and Universities As7 sistance Act of 1978 (25 U.S.C. 1801))’’ 

8 after ‘‘principals’’; and 

9 (ii) in subparagraph (B) by inserting 

10 ‘‘an Indian tribe,’’ after ‘‘principal organi11 zation,’’; and 

12 (G) by inserting after subpart 5, the fol13 lowing: 

14 ‘‘Subpart 6—Indian Educator Scholarship Program 

15 ‘‘SEC. 2161. INDIAN EDUCATOR SCHOLARSHIP PROGRAM. 

16 ‘‘(a) GRANTS AUTHORIZED.—In order to carry out 

17 the United States trust responsibility for the education of 

18 Indian children, and to provide a more stable base of edu19 cation professionals to serve in public elementary schools 

20 and secondary schools with a significant number of Indian 

21 students and schools funded by the Bureau of Indian Edu22 cation, the Secretary shall make scholarship grants to In23 dians who are enrolled full- or part-time in appropriately 

24 accredited institutions of higher education and pursuing 

25 a course of study in elementary and secondary education 


smartinez on DSK6TPTVN1PROD with BILLS
64 

•HR 3569 IH

1 or school administration. Such scholarships shall be des2 ignated Indian educator scholarships and shall be made 

3 in accordance with this section. 

4 ‘‘(b) ELIGIBILITY.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall deter6 mine the applicants who will receive scholarships 

7 under subsection (a). 

8 ‘‘(2) CRITERIA.—In order to be eligible for par9 ticipation in the Indian educator scholarship pro10 gram, an individual must— 

11 ‘‘(A) be an Indian, as defined in section 

12 7151; 

13 ‘‘(B) be accepted for enrollment, or be en14 rolled, as a full- or part-time student in a 

15 course of study in elementary and secondary 

16 education or school administration at an appro17 priately accredited institution of higher edu18 cation; 

19 ‘‘(C) submit an application to participate 

20 in the Indian educator scholarship program at 

21 such time and in such manner as the Secretary 

22 shall determine; and 

23 ‘‘(D) sign and submit to the Secretary at 

24 the time that such application is submitted, a 

25 written contract, as described in subsection (c). 


smartinez on DSK6TPTVN1PROD with BILLS
65 

•HR 3569 IH

1 ‘‘(c) CONTENTS OF CONTRACT.— 

2 ‘‘(1) IN GENERAL.—The written contract be3 tween the Secretary and the individual, as described 

4 in subsection (b)(2)(D), shall contain the following: 

5 ‘‘(A) A statement that the Secretary 

6 agrees to provide the individual with a scholar7 ship, as described in subsection (d), in each 

8 school year or years for a period during which 

9 such individual is pursuing a course of study in 

10 elementary and secondary education or school 

11 administration at an appropriately accredited 

12 institution of higher education. 

13 ‘‘(B) A statement that the individual 

14 agrees— 

15 ‘‘(i) to accept provision of the Indian 

16 educator scholarship; 

17 ‘‘(ii) to maintain enrollment in such 

18 course of study until the individual com19 pletes the course of study; 

20 ‘‘(iii) while enrolled in such course of 

21 study, to maintain an acceptable level of 

22 academic standing (as determined by the 

23 Secretary, taking into account the require24 ments of the educational institution offer25 ing such course of study); and 


smartinez on DSK6TPTVN1PROD with BILLS
66 

•HR 3569 IH

1 ‘‘(iv) to serve through full-time em2 ployment at an eligible school for a time 

3 period (referred to in this section as the 

4 ‘period of obligated service’) equal to the 

5 greater of— 

6 ‘‘(I) 1 year for the equivalent of 

7 each school year for which the indi8 vidual was provided a scholarship 

9 under the Indian educator scholarship 

10 program; or 

11 ‘‘(II) 2 years. 

12 ‘‘(C) A statement of the damages to which 

13 the United States is entitled, under subsection 

14 (e), for the individual’s breach of the contract. 

15 ‘‘(D) Such other statement of the rights 

16 and liabilities of the Secretary and of the indi17 vidual, in accordance with the provisions of this 

18 section. 

19 ‘‘(2) PERIOD OF OBLIGATED SERVICE.— 

20 ‘‘(A) ELIGIBLE SCHOOLS.—An individual 

21 shall meet the requirement for the period of ob22 ligated service under the written contract be23 tween the individual and the Secretary, as de24 scribed in paragraph (1), if such individual is 

25 employed full-time— 


smartinez on DSK6TPTVN1PROD with BILLS
67 

•HR 3569 IH

1 ‘‘(i) in a school funded by the Bureau 

2 of Indian Education; or 

3 ‘‘(ii) in a public school that serves a 

4 significant number of Indian students. 

5 ‘‘(B) DEFERMENT FOR ADVANCED

6 STUDY.—At the request of an individual who 

7 has entered into a contract described in this 

8 subsection and who has receive a baccalaureate 

9 degree in education, the Secretary shall defer 

10 the period of obligated service of such individual 

11 under such contract to enable such individual to 

12 complete a course of study leading to an ad13 vanced degree in education, or needed to be14 come certified for an appropriate period (in 

15 years, as determined by the Secretary), subject 

16 to the following conditions: 

17 ‘‘(i) A period of advanced study shall 

18 not be counted as satisfying any period of 

19 obligated service that is required under 

20 this section. 

21 ‘‘(ii) The period of obligated service of 

22 the individual shall commence at the later 

23 of— 

24 ‘‘(I) 90 days after the completion 

25 of the advanced course of study; 


smartinez on DSK6TPTVN1PROD with BILLS
68 

•HR 3569 IH

1 ‘‘(II) at the commencement of 

2 the first school year that begins after 

3 the completion of the advanced course 

4 of study; or 

5 ‘‘(III) by a date specified by the 

6 Secretary. 

7 ‘‘(C) PART-TIME STUDY.—In the case of 

8 an individual receiving a scholarship under this 

9 section who is enrolled part-time in an approved 

10 course of study— 

11 ‘‘(i) a scholarship under this section 

12 shall be for a period of years not to exceed 

13 the part-time equivalent of 4 years, as de14 termined by the Secretary; 

15 ‘‘(ii) the period of obligated service 

16 shall be equal to the greater of— 

17 ‘‘(I) the part-time equivalent of 1 

18 year for each year for which the indi19 vidual was provided a scholarship, as 

20 determined by the Secretary; or 

21 ‘‘(II) 2 years; and 

22 ‘‘(iii) the amount of the monthly sti23 pend specified in subsection (d) shall be re24 duced pro rata, as determined by the SecVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
69 

•HR 3569 IH

1 retary, based on the number of hours of 

2 study in which such individual is enrolled. 

3 ‘‘(d) SCHOLARSHIP.— 

4 ‘‘(1) IN GENERAL.—A scholarship provided to a 

5 student under the Indian educator scholarship pro6 gram for a school year shall consist of payment to, 

7 or in accordance with paragraph (2), on behalf of, 

8 the student in the amount of— 

9 ‘‘(A) the tuition of the student for the 

10 school year or, for a part-time student, the tui11 tion for the appropriate portion of the school 

12 year; 

13 ‘‘(B) all other reasonable educational ex14 penses, including fees, books, and laboratory ex15 penses, incurred by the student in such school 

16 year; and 

17 ‘‘(C) a stipend of $800 per month (ad18 justed in accordance with paragraph (3)) for 

19 each of the 12 consecutive months beginning 

20 with the first month of such school year. 

21 ‘‘(2) PAYMENT TO AN INSTITUTION OF HIGHER

22 EDUCATION.—The Secretary may contract with an 

23 institution of higher education in which a participant 

24 in the Indian educator scholarship program is en25 rolled for the payment to such institution of the 


smartinez on DSK6TPTVN1PROD with BILLS
70 

•HR 3569 IH

1 amounts of tuition and other reasonable educational 

2 expenses described in subparagraph (A) and (B) of 

3 paragraph (1). Payment to such institution may be 

4 made without regard to section 3324(a) and (b) of 

5 title 31. 

6 ‘‘(3) STIPEND.—The amount of the monthly 

7 stipend described in paragraph (1)(C) shall be in8 creased by the Secretary for each school year ending 

9 in a fiscal year beginning after September 30, 2011, 

10 by an amount (rounded to the next highest multiple 

11 of $1) equal to the amount of such stipend multi12 plied by the overall percentage (under section 5303 

13 of title 5) of the adjustment (if such adjustment is 

14 an increase) in the rates of pay under the General 

15 Schedule made effective in the fiscal year in which 

16 such school year ends. 

17 ‘‘(e) LIABILITY; FAILURE TO COMPLETE THE PE18 RIOD OF OBLIGATED SERVICE; REPAYMENT.— 

19 ‘‘(1) LIABILITY.—An individual who has en20 tered into a written contract with the Secretary 

21 under this section shall be liable to the United 

22 States for the amount which has been paid to, or on 

23 behalf of, such individual under the contract, if such 

24 individual— 


smartinez on DSK6TPTVN1PROD with BILLS
71 

•HR 3569 IH

1 ‘‘(A) fails to maintain an acceptable level 

2 of academic standing in the institution of high3 er education in which the individual is enrolled 

4 (as determined by the Secretary taking into ac5 count the requirements of the educational insti6 tution offering such course of study); 

7 ‘‘(B) is dismissed from such institution of 

8 higher education for disciplinary reasons; 

9 ‘‘(C) voluntarily terminates the training in 

10 such institution of higher education for which 

11 such individual is provided a scholarship under 

12 such contract before the completion of such 

13 training; or 

14 ‘‘(D) fails to accept payment, or instructs 

15 the institution of higher education in which 

16 such individual is enrolled not to accept pay17 ment, under this section. 

18 ‘‘(2) FAILURE TO COMPLETE THE PERIOD OF

19 OBLIGATED SERVICE.— 

20 ‘‘(A) IN GENERAL.—Subject to paragraph 

21 (C), if for any reason not specified in paragraph 

22 (1), an individual breaches the written contract 

23 under this section by failing either to begin 

24 such individual’s period of obligated service or 

25 failing to complete such obligation, the United 


smartinez on DSK6TPTVN1PROD with BILLS
72 

•HR 3569 IH

1 States shall be entitled to recover from the indi2 vidual an amount determined in accordance 

3 with the following formula: 

‘‘A = 3Z(t–s/t) 

4 ‘‘in which— 

5 ‘‘(i) ‘A’ is the amount the United States is 

6 entitled to recover; 

7 ‘‘(ii) ‘Z’ is the sum of the amounts paid 

8 under this section to, or on behalf of, the indi9 vidual and the interest on such amounts which 

10 would be payable if, at the time the amounts 

11 were paid, they were loans bearing interest at 

12 the maximum legal prevailing rate, as deter13 mined by the Treasurer of the United States; 

14 ‘‘(iii) ‘t’ is the total number of months in 

15 the individual’s period of obligated service in 

16 accordance with subsection (c)(2) of this sec17 tion; and 

18 ‘‘(iv) ‘s’ is the number of months of such 

19 period served by such individual in accordance 

20 with this section. 

21 ‘‘(B) AMOUNTS NOT PAID.—Amounts not paid 

22 within such period shall be subject to collection 

23 through deductions in Medicare payments pursuant 

24 to section 1395ccc of title 42. 


smartinez on DSK6TPTVN1PROD with BILLS
73 

•HR 3569 IH

1 ‘‘(C) DELAY IN THE PERIOD OF OBLIGATED

2 SERVICE.—An individual who has entered into a 

3 written contract with the Secretary under this sec4 tion may petition the Secretary to delay the date on 

5 which the individual would otherwise be required to 

6 begin the period of obligated service if such indi7 vidual has not succeeded in obtaining employment 

8 required by this section. In support of such petition, 

9 the individual shall supply such reasonable informa10 tion as the Secretary may require. The Secretary 

11 shall retain full discretion whether to grant or de12 cline such a delay and to determine the duration of 

13 any delay that is granted. 

14 ‘‘(3) REPAYMENT.— 

15 ‘‘(A) IN GENERAL.—Any amount of dam16 ages which the United States is entitled to re17 cover under this subsection shall be paid to the 

18 United States within the 1-year period begin19 ning on the date of the breach or such longer 

20 period beginning on such date as shall be speci21 fied by the Secretary. 

22 ‘‘(B) RECOVERY OF DAMAGES.—If dam23 ages described in subparagraph (A) are delin24 quent for 3 months, the Secretary shall, for the 

25 purpose of recovering such damages— 


smartinez on DSK6TPTVN1PROD with BILLS
74 

•HR 3569 IH

1 ‘‘(i) utilize collection agencies con2 tracted with by the Administrator of the 

3 General Services Administration; or 

4 ‘‘(ii) enter into contracts for the re5 covery of such damages with collection 

6 agencies selected by the Secretary. 

7 ‘‘(C) CONTRACTS FOR RECOVERY OF DAM8 AGES.—Each contract for recovering damages 

9 pursuant to this subsection shall provide that 

10 the contractor will, not less than once every 6 

11 months, submit to the Secretary a status report 

12 on the success of the contractor in collecting 

13 such damages. Section 3718 of title 31 shall 

14 apply to any such contract to the extent not in15 consistent with this subsection. 

16 ‘‘(4) DEATH.—Upon the death of an individual 

17 who receives, or has received, an Indian educator 

18 scholarship, any obligation of such individual for 

19 service or payment that relates to such scholarship 

20 shall be canceled. 

21 ‘‘(5) WAIVER.— 

22 ‘‘(A) REQUIRED WAIVER.—The Secretary 

23 shall provide for the partial or total waiver or 

24 suspension of any obligation of service or payVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
75 

•HR 3569 IH

1 ment of a recipient of an Indian educator schol2 arship, if the Secretary determines that— 

3 ‘‘(i) it is not possible for the recipient 

4 to meet the obligation or make the pay5 ment; 

6 ‘‘(ii) requiring the recipient to meet 

7 the obligation or make the payment would 

8 result in extreme hardship to the recipient; 

9 or 

10 ‘‘(iii) the enforcement of the require11 ment to meet the obligation or make the 

12 payment would be unconscionable. 

13 ‘‘(B) PERMISSIBLE WAIVER.—Notwith14 standing any other provision of law, in any case 

15 of extreme hardship or for other good cause 

16 shown, the Secretary may waive, in whole or in 

17 part, the right of the United States to recover 

18 funds made available under this section. 

19 ‘‘(6) BANKRUPTCY.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), and notwithstanding any other pro22 vision of law, with respect to a recipient of an 

23 Indian educator scholarship, no obligation for 

24 payment may be released by a discharge in 

25 bankruptcy under title 11. 


smartinez on DSK6TPTVN1PROD with BILLS
76 

•HR 3569 IH

1 ‘‘(B) EXCEPTION.—The prohibition de2 scribed in subparagraph (A) shall not apply if— 

3 ‘‘(i) such discharge is granted after 

4 the expiration of the 5-year period begin5 ning on the initial date on which that pay6 ment is due; and 

7 ‘‘(ii) the bankruptcy court finds that 

8 the nondischarge of the obligation would be 

9 unconscionable. 

10 ‘‘(f) PLACEMENT ASSISTANCE.—The Secretary shall 

11 assist the recipient of an Indian educator scholarship in 

12 learning about placement opportunities in eligible schools 

13 by transmitting the name and educational credentials of 

14 such recipient to— 

15 ‘‘(1) State educational agency clearinghouses 

16 for recruitment and placement of kindergarten, ele17 mentary school, and secondary school teachers and 

18 administrators in States with a substantial number 

19 of Indian children; 

20 ‘‘(2) elementary schools and secondary schools 

21 funded by the Bureau of Indian Education; and 

22 ‘‘(3) tribal education agencies (as defined in 

23 section 1116A(b)). 

24 ‘‘(g) OTHER PROVISIONS.—Notwithstanding any 

25 other provision of this title, sections 2101, 2102, 2103, 


smartinez on DSK6TPTVN1PROD with BILLS
77 

•HR 3569 IH

1 and subparts 1 through 5 of this part shall not apply to 

2 a grant or scholarship awarded under this section. 

3 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the 

4 purpose of carrying out this section, there are authorized 

5 to be appropriated $50,000,000 for fiscal year 2012, and 

6 each of the 5 succeeding fiscal years.’’; 

7 (2) in part B, by striking subparagraph (B) of 

8 section 2202(a)(2) (20 U.S.C. 6662(a)(2)) and in9 serting the following: 

10 ‘‘(B) ALLOTMENT.—From the amount 

11 made available under this part for a fiscal year 

12 and not reserved under subparagraph (A)(i), 

13 the Secretary shall allot— 

14 ‘‘(i) one-half of one percent to the 

15 Secretary of the Interior for grants involv16 ing schools funded by the Bureau of Edu17 cation; and 

18 ‘‘(ii) the amount remaining after 

19 funds are distributed in accordance with 

20 clause (i), to the State educational agen21 cies in proportion to the number of chil22 dren aged 5 to 17, who are from families 

23 with incomes below the poverty line and re24 side in a State for the most recent fiscal 

25 year for which satisfactory data are availVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
78 

•HR 3569 IH

1 able, as compared to the number of such 

2 children who reside in all such States for 

3 such year.’’; and 

4 (3) in part C— 

5 (A) in section 2302(b)(2) by striking ‘‘or 

6 public charter schools’’ and inserting ‘‘, public 

7 charter schools, or schools funded by the Bu8 reau of Indian Education’’; and 

9 (B) in section 2304— 

10 (i) in subsection (a)(1)(B), by insert11 ing ‘‘or with a school funded by the Bu12 reau of Indian Education,’’ after section 

13 ‘‘2101’’; and 

14 (ii) in subsection (d)(3), in the matter 

15 preceding subparagraph (A), by striking 

16 ‘‘or public charter school’’ and inserting 

17 ‘‘public charter school, or school funded by 

18 the Bureau of Indian Education’’. 


smartinez on DSK6TPTVN1PROD with BILLS
79 

•HR 3569 IH

1 Subtitle C—Native American 

2 Languages Programs 

3 SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS OF IN4 DIAN STUDENTS THROUGH NATIVE AMER5 ICAN LANGUAGES PROGRAMS. 

6 Subpart 1 of part A of title III of the Elementary 

7 and Secondary Education Act of 1965 (20 U.S.C. 6821 

8 et seq.) is amended by adding at the end the following: 

9 ‘‘SEC. 3117. IMPROVEMENT OF ACADEMIC SUCCESS OF IN10 DIAN STUDENTS THROUGH NATIVE AMER11 ICAN LANGUAGES PROGRAMS. 

12 ‘‘(a) PURPOSES.—The purposes of this section are— 

13 ‘‘(1) to improve the academic achievement of 

14 American Indian and Alaska Native students 

15 through Native American languages programs; and 

16 ‘‘(2) to foster the acquisition of Native Amer17 ican languages. 

18 ‘‘(b) DEFINITIONS.—In this section: 

19 ‘‘(1) AVERAGE.—The term ‘average’, when used 

20 with respect to the number of hours of instruction 

21 through the use of a Native American language, 

22 means the aggregate number of hours of instruction 

23 through the use of a Native American language to 

24 all students enrolled in a Native American language 


smartinez on DSK6TPTVN1PROD with BILLS
80 

•HR 3569 IH

1 program during a school year divided by the total 

2 number of students enrolled in the program. 

3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en4 tity’ means— 

5 ‘‘(A) a local educational agency; 

6 ‘‘(B) an Indian tribe; 

7 ‘‘(C) an Indian organization; 

8 ‘‘(D) a federally supported elementary 

9 school or secondary school for Indian children; 

10 ‘‘(E) an Indian institution (including an 

11 Indian institution of higher education); or 

12 ‘‘(F) a consortium of any of the entities 

13 described in subparagraphs (A) through (E). 

14 ‘‘(c) GRANTS AUTHORIZED.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall award 

16 grants to eligible entities to enable such entities to 

17 carry out the activities described in this section. 

18 ‘‘(2) DURATION.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 award grants under this section on a multi-year 

21 basis for a duration of not less than 4 years. 

22 ‘‘(B) RENEWAL.—Grants awarded under 

23 this section may be renewed. 

24 ‘‘(d) APPLICATIONS.— 


smartinez on DSK6TPTVN1PROD with BILLS
81 

•HR 3569 IH

1 ‘‘(1) IN GENERAL.—Each eligible entity desir2 ing a grant under this section shall submit an appli3 cation to the Secretary at such time, in such man4 ner, and accompanied by such information as the 

5 Secretary may reasonably require, in addition to the 

6 information required in this section. 

7 ‘‘(2) CONTENTS.—An application submitted 

8 under paragraph (1) shall include a certification 

9 from the eligible entity that the entity has not less 

10 than 3 years of experience in operating and admin11 istering a Native American language program or any 

12 other educational program in which instruction is 

13 conducted in a Native American language. 

14 ‘‘(e) USES OF GRANT FUNDS.— 

15 ‘‘(1) REQUIRED USES.—An eligible entity that 

16 receives a grant under this section shall use the 

17 grant funds for the following activities: 

18 ‘‘(A) Native American language programs, 

19 which are site-based educational programs 

20 that— 

21 ‘‘(i) provide instruction through the 

22 use of a Native American language for not 

23 less than 10 children for an average of not 

24 less than 500 hours; 


smartinez on DSK6TPTVN1PROD with BILLS
82 

•HR 3569 IH

1 ‘‘(ii) provide for the involvement of 

2 parents (or legal guardians) of students 

3 participating in such a program; 

4 ‘‘(iii) develop instructional courses 

5 and materials for learning Native Amer6 ican languages and for instruction through 

7 the use of Native American languages; 

8 ‘‘(iv) provide for teacher training; and 

9 ‘‘(v) work toward a goal of all stu10 dents participating in such a program 

11 achieving— 

12 ‘‘(I) fluency in a Native Amer13 ican language; and 

14 ‘‘(II) academic proficiency in 

15 mathematics, English, reading (or 

16 language arts), and science. 

17 ‘‘(B) Native American language restoration 

18 programs, which are educational programs 

19 that— 

20 ‘‘(i) provide instruction in at least 1 

21 Native American language; 

22 ‘‘(ii) provide training programs for 

23 teachers of Native American languages; 

24 ‘‘(iii) develop instructional materials 

25 for the programs; and 


smartinez on DSK6TPTVN1PROD with BILLS
83 

•HR 3569 IH

1 ‘‘(iv) work toward a goal of increasing 

2 proficiency and fluency for participating 

3 students in at least 1 Native American lan4 guage. 

5 ‘‘(2) PERMISSIBLE USES.—An eligible entity 

6 that receives a grant under this section may use the 

7 grant funds for— 

8 ‘‘(A) Native American language and cul9 ture camps; 

10 ‘‘(B) Native American language programs 

11 provided in coordination and cooperation with 

12 educational entities; 

13 ‘‘(C) Native American language programs 

14 provided in coordination and cooperation with 

15 local institutions of higher education; 

16 ‘‘(D) Native American language programs 

17 that use a master-apprentice model of learning 

18 languages; 

19 ‘‘(E) Native American language programs 

20 provided through a regional program to better 

21 serve geographically dispersed students; 

22 ‘‘(F) Native American language teacher 

23 training programs, such as training programs 

24 in Native American language translation for 

25 fluent speakers, training programs for Native 


smartinez on DSK6TPTVN1PROD with BILLS
84 

•HR 3569 IH

1 American language teachers, training programs 

2 for teachers in schools to utilize Native Amer3 ican language materials, tools, and interactive 

4 media to teach a Native American language; 

5 and 

6 ‘‘(G) the development of Native American 

7 language materials, such as books, audio and 

8 visual tools, and interactive media programs. 

9 ‘‘(f) ASSURANCE.—A eligible entity awarded a grant 

10 under this section shall provide an assurance that each 

11 instructor of a Native American language under a pro12 gram supported with grant funds under this section is cer13 tified to teach such language by the Indian tribe whose 

14 language will be taught. 

15 ‘‘(g) EVALUATION.—After the completion of the 

16 fourth year of a grant awarded under this section, the Sec17 retary shall— 

18 ‘‘(1) carry out a comprehensive evaluation of 

19 the programs carried out by the grantee with grant 

20 funds; and 

21 ‘‘(2) provide a report on the evaluation to the 

22 grantee, the tribe or tribes whose children are served 

23 by the program, and parents of the children served. 

24 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the 

25 purpose of carrying out this section, there are authorized 


smartinez on DSK6TPTVN1PROD with BILLS
85 

•HR 3569 IH

1 to be appropriated $15,000,000 for fiscal year 2012 and 

2 each of the 5 succeeding fiscal years.’’. 

3 SEC. 132. STATE AND TRIBAL EDUCATION AGENCY AGREE4 MENTS. 

5 Title III of the Elementary and Secondary Education 

6 Act of 1965 (20 U.S.C. 6801 et seq.) is amended by add7 ing at the end the following: 

8 ‘‘Subpart 5—State and Tribal Education Agency 

9 Agreements 

10 ‘‘SEC. 3151. STATE AND TRIBAL EDUCATION AGENCY 

11 AGREEMENTS. 

12 ‘‘(a) PURPOSE.—The purpose of this section is to fa13 cilitate efforts by tribal education agencies and State edu14 cational agencies to partner with each other in order to— 

15 ‘‘(1) improve the academic achievement of In16 dian children and youth who reside on reservations 

17 and tribal lands; and 

18 ‘‘(2) promote tribal self-determination in edu19 cation. 

20 ‘‘(b) DEFINITION.—The term ‘tribal education agen21 cy’ means an agency or administrative unit of an Indian 

22 tribe that is authorized by the tribe to have primary re23 sponsibility for regulating, administering, or supervising 

24 early learning or elementary and secondary education on 

25 reservations or tribal lands. 


smartinez on DSK6TPTVN1PROD with BILLS
86 

•HR 3569 IH

1 ‘‘(c) AUTHORITY FOR ELIGIBLE TRIBAL EDUCATION

2 AGENCIES.— 

3 ‘‘(1) IN GENERAL.—In order to receive the au4 thority and funds authorized under paragraph (3), 

5 an eligible tribal education agency shall enter into 

6 an agreement, subject to approval by the Secretary, 

7 with the appropriate State educational agency to as8 sume the State educational agency’s responsibility 

9 for carrying out activities specified in the agreement 

10 under 1 or more of the programs identified in para11 graph (3)(B)(ii) on the eligible tribal education 

12 agency’s reservation or tribal lands. 

13 ‘‘(2) ELIGIBILITY.—In order for a tribal edu14 cation agency to receive the authority or funds de15 scribed in paragraph (3), pursuant to an agreement 

16 with the State educational agency— 

17 ‘‘(A) the eligible tribal education agency’s 

18 tribe must have a reservation or tribal lands 

19 (which may be an Alaska Native village), as 

20 recognized under Federal or State law, on 

21 which 1 or more publicly administered schools 

22 are operating under State law; and 

23 ‘‘(B) not less than 50 percent of the stu24 dents enrolled in each such school must be Indi25 ans. 


smartinez on DSK6TPTVN1PROD with BILLS
87 

•HR 3569 IH

1 ‘‘(3) ELIGIBLE TRIBAL EDUCATION AGENCY

2 WITH AN APPROVED AGREEMENT.—In the case of an 

3 eligible tribal education agency that has an approved 

4 agreement in place, as described in paragraph (1), 

5 the Secretary shall, consistent with the agreement— 

6 ‘‘(A) treat the eligible tribal education 

7 agency as a State educational agency for the 

8 purposes of— 

9 ‘‘(i) carrying out on the reservation or 

10 tribal lands, the activities specified in the 

11 agreement under 1 or more of the pro12 grams listed in subparagraph (B)(ii); and 

13 ‘‘(ii) section 444 of the General Edu14 cation Provisions Act (20 U.S.C. 1232g, 

15 commonly known as the ‘Family Edu16 cational Rights and Privacy Act of 1974’); 

17 and 

18 ‘‘(B) provide, or have the State educational 

19 agency provide, to the eligible tribal education 

20 agency a proportion of the funds that are avail21 able to— 

22 ‘‘(i) carry out State-level activities; 

23 and 


smartinez on DSK6TPTVN1PROD with BILLS
88 

•HR 3569 IH

1 ‘‘(ii) as applicable, award subgrants 

2 under 1 or more of the following programs, 

3 as provided for in the agreement: 

4 ‘‘(I) State grants under part A of 

5 title I. 

6 ‘‘(II) Grants under this Act that 

7 support school turnaround efforts. 

8 ‘‘(III) Grants under this Act for 

9 the purpose of assessing achievement. 

10 ‘‘(IV) The teacher and principal 

11 training and recruiting fund under 

12 part A of title II. 

13 ‘‘(V) Grants under the English 

14 Language Acquisition, Language En15 hancement, and Academic Achieve16 ment Act under part A of title III. 

17 ‘‘(VI) The education of migratory 

18 children program under part C of title 

19 I. 

20 ‘‘(VII) Grants provided for the 

21 education of homeless children and 

22 youth. 

23 ‘‘(VIII) Prevention and interven24 tion programs for children and youth 


smartinez on DSK6TPTVN1PROD with BILLS
89 

•HR 3569 IH

1 who are neglected, delinquent, or at2 risk under part D of title I. 

3 ‘‘(IX) Programs under this Act 

4 for rural and low-income schools. 

5 ‘‘(4) ELIGIBLE TRIBAL EDUCATION AGENCY

6 WITHOUT AN APPROVED AGREEMENT.—In the case 

7 of an eligible tribal education agency that has not 

8 yet entered into an agreement, as described in para9 graph (1), the Secretary may provide technical as10 sistance to the eligible tribal education agency in 

11 order to facilitate such an agreement. 

12 ‘‘(d) APPLICATIONS.— 

13 ‘‘(1) IN GENERAL.—An eligible tribal education 

14 agency that desires to receive the authority or funds 

15 described in paragraph (c)(3), pursuant to an agree16 ment with a State educational agency, shall submit 

17 an application to the Secretary at such time, in such 

18 manner, and containing such information and assur19 ances as the Secretary may require. 

20 ‘‘(2) APPLICATION FROM AN ELIGIBLE TRIBAL

21 EDUCATION AGENCY THAT HAS AN AGREEMENT.— 

22 An application from an eligible tribal education 

23 agency that has an agreement in place with the 

24 State educational agency and is seeking the Sec25 retary’s approval of such agreement, in order to gain 


smartinez on DSK6TPTVN1PROD with BILLS
90 

•HR 3569 IH

1 the authority and funds described under subsection 

2 (c)(3), shall— 

3 ‘‘(A) describe the eligible tribal education 

4 agency’s current role and responsibilities on the 

5 reservation or tribal lands; and 

6 ‘‘(B) provide a copy of the agreement de7 scribed under subsection (c)(1), which shall, at 

8 a minimum— 

9 ‘‘(i) identify each program listed in 

10 subsection (c)(3)(B)(ii) for which the ap11 plicant will assume some or all of the 

12 State-level responsibility on the reservation 

13 or tribal lands under the agreement; 

14 ‘‘(ii) describe the State-level activities 

15 that the tribal education agency will carry 

16 out under such program, and the division 

17 of roles and responsibilities between the 

18 tribal education agency and the State edu19 cational agency in carrying out such activi20 ties, including, if applicable, any division of 

21 responsibility for awarding subgrants to 

22 local educational agencies; 

23 ‘‘(iii) identify the administrative and 

24 fiscal resources that the applicant will have 

25 available to carry out such activities; and 


smartinez on DSK6TPTVN1PROD with BILLS
91 

•HR 3569 IH

1 ‘‘(iv) provide evidence of any other 

2 collaboration with the State educational 

3 agency in administering State-level activi4 ties for the programs listed in subsection 

5 (c)(3)(B)(ii). 

6 ‘‘(3) APPLICATION FROM AN ELIGIBLE TRIBAL

7 EDUCATION AGENCY THAT HAS NOT YET ENTERED

8 INTO AN AGREEMENT WITH A STATE EDUCATIONAL

9 AGENCY.—An application from an eligible tribal edu10 cation agency that has not yet entered into an agree11 ment with a State educational agency, as described 

12 under subsection (c)(1), shall include a description 

13 of— 

14 ‘‘(A) the program authority that the eligi15 ble tribal education agency would like to obtain 

16 and the State-level activities that the eligible 

17 tribal education agency would like to carry out; 

18 ‘‘(B) the eligible tribal education agency’s 

19 role and responsibilities on the reservation or 

20 tribal lands and administrative and fiscal capa21 bility and resources at the time of the applica22 tion; and 

23 ‘‘(C) the proposed process and time period 

24 for entering into the agreement described under 

25 subsection (c)(1). 


smartinez on DSK6TPTVN1PROD with BILLS
92 

•HR 3569 IH

1 ‘‘(e) SPECIAL RULE.—If the tribal education agency 

2 and State educational agency are unable to reach an 

3 agreement that the Secretary approves, the Secretary 

4 may, at the request of either agency and for a reasonable 

5 period, use all or a portion of the State’s administrative 

6 funds for the program listed in subsection (c)(3)(B)(ii) for 

7 which an application is made, in order to facilitate an 

8 agreement (such as through alternative dispute resolu9 tion). 

10 ‘‘(f) REVIEW AND REPORTING.— 

11 ‘‘(1) REVIEW.—The Secretary shall require an 

12 eligible tribal education agency and a State edu13 cational agency that have an approved agreement 

14 to— 

15 ‘‘(A) periodically review the agreement; 

16 and 

17 ‘‘(B) if appropriate, revise the agreement 

18 and submit the revised agreement to the Sec19 retary for approval. 

20 ‘‘(2) REPORT.—An eligible tribal education 

21 agency and a State educational agency that have an 

22 approved agreement shall report to the Secretary 

23 every 2 years about the effectiveness of the agree24 ment.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
93 

•HR 3569 IH

1 Subtitle D—21st Century Schools 

2 SEC. 141. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMER3 ICAN STUDENTS. 

4 Subpart 2 of part A of title IV of the Elementary 

5 and Secondary Education Act of 1965 (20 U.S.C. 7131 

6 et seq.) is amended by adding at the end the following: 

7 ‘‘SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE 

8 AMERICAN STUDENTS. 

9 ‘‘From funds made available to carry out this sub10 part, the Secretary shall— 

11 ‘‘(1) establish a program to improve school en12 vironments and student skill development for healthy 

13 choices for Native American students, including— 

14 ‘‘(A) prevention regarding— 

15 ‘‘(i) alcohol and drug misuse; 

16 ‘‘(ii) suicide; 

17 ‘‘(iii) violence; 

18 ‘‘(iv) pregnancy; and 

19 ‘‘(v) obesity; 

20 ‘‘(B) nutritious eating programs; and 

21 ‘‘(C) anger and conflict management pro22 grams; 

23 ‘‘(2) establish a program for school dropout 

24 prevention for Native American students; and 


smartinez on DSK6TPTVN1PROD with BILLS
94 

•HR 3569 IH

1 ‘‘(3) collaborate with the Secretary of Agri2 culture to establish tribal-school specific school gar3 dens and nutrition programs that are within the 

4 tribal cultural context.’’. 

5 Subtitle E—Indian, Native Hawai6 ian, and Alaska Native Edu7 cation 

8 SEC. 151. PURPOSE. 

9 Section 7102 of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 7402) is amended— 

11 (1) by striking subsection (a) and inserting the 

12 following: 

13 ‘‘(a) PURPOSE.—It is the purpose of this subpart to 

14 support the efforts of local educational agencies, Indian 

15 tribes and organizations, postsecondary institutions, and 

16 other entities to improve the academic achievement of 

17 American Indian and Alaska native students by meeting 

18 their unique cultural, language, and educational needs.’’; 

19 and 

20 (2) in subsection (b)— 

21 (A) by redesignating paragraphs (3) and 

22 (4) as paragraphs (4) and (5), respectively; and 

23 (B) by inserting after paragraph (2) the 

24 following: 


smartinez on DSK6TPTVN1PROD with BILLS
95 

•HR 3569 IH

1 ‘‘(3) strengthening American Indian and Alaska 

2 Native students’ knowledge of their languages, his3 tory, traditions, and cultures;’’. 

4 SEC. 152. PURPOSE OF FORMULA GRANTS. 

5 Section 7111 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 7421) is amended to read 

7 as follows: 

8 ‘‘SEC. 7111. PURPOSE. 

9 ‘‘It is the purpose of this subpart to support the ef10 forts of local educational agencies to develop elementary 

11 school and secondary school programs for Indian students 

12 that are designed to meet the unique cultural, language 

13 and educational needs of such students.’’. 

14 SEC. 153. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND 

15 TRIBES. 

16 Section 7112 of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 7422) is amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘The Secretary’’ and in20 serting the following: 

21 ‘‘(1) GRANT AWARDS.—The Secretary’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(2) CONSORTIA.— 

24 ‘‘(A) IN GENERAL.—Two or more local edu25 cational agencies may form a consortium to apply 


smartinez on DSK6TPTVN1PROD with BILLS
96 

•HR 3569 IH

1 for and carry out a program under this subpart, as 

2 long as each local educational agency participating 

3 in the consortium— 

4 ‘‘(i) provides an assurance to the Secretary 

5 that the eligible Indian children served by such 

6 local educational agency receive the services of 

7 the programs funded under this subpart; and 

8 ‘‘(ii) shall be subject to all requirements, 

9 assurances, and obligations applicable to local 

10 educational agencies under this subpart. 

11 ‘‘(B) APPLICABILITY.—The Secretary shall 

12 treat each consortium described in subparagraph (A) 

13 as if such consortium were a local educational agen14 cy for purposes of this subpart.’’; 

15 (2) in subsection (b)— 

16 (A) by striking paragraph (1) and insert17 ing the following: 

18 ‘‘(1) ENROLLMENT REQUIREMENTS.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), a local educational agency shall be 

21 eligible for a grant under this subpart for any 

22 fiscal year if the number of Indian children eli23 gible under section 7117 who were enrolled in 

24 the schools of the agency, and to whom the 


smartinez on DSK6TPTVN1PROD with BILLS
97 

•HR 3569 IH

1 agency provided free public education, during 

2 the preceding fiscal year— 

3 ‘‘(i) was at least 10; or 

4 ‘‘(ii) constituted not less than 25 per5 cent of the total number of individuals en6 rolled in the schools of such agency. 

7 ‘‘(B) SPECIAL RULE.—Notwithstanding 

8 any other provision of this Act, in any case 

9 where an Indian tribe that represents a plu10 rality of the eligible Indian children who are 

11 served by a local educational agency eligible for 

12 a grant under this subpart requests that the 

13 local educational agency enter into a coopera14 tive agreement with such tribe to assist in the 

15 planning and operation of the program funded 

16 by such grant, the local educational agency 

17 shall enter into such an agreement as a condi18 tion for receiving funds under this subpart.’’; 

19 and 

20 (B) in paragraph (2), by striking ‘‘a res21 ervation’’ and inserting ‘‘an Indian reserva22 tion’’; 

23 (3) in subsection (c)— 


smartinez on DSK6TPTVN1PROD with BILLS
98 

•HR 3569 IH

1 (A) in paragraph (1), by striking ‘‘such 

2 grant, an’’ and inserting the following: ‘‘such 

3 grant— 

4 ‘‘(A) an Indian tribe that represents a plu5 rality of the eligible Indian children who are 

6 served by such local educational agency may 

7 apply for such grant; or 

8 ‘‘(B) a consortium of Indian tribes rep9 resenting a plurality of the eligible Indian chil10 dren who are served by such local educational 

11 agency may apply for such grant.’’; and 

12 (B) in paragraph (2)— 

13 (i) by inserting ‘‘or consortium of In14 dian tribes’’ after ‘‘each Indian tribe’’; 

15 (ii) by inserting ‘‘or such consortium’’ 

16 after ‘‘such Indian tribe’’; and 

17 (iii) by inserting ‘‘or consortium’’ 

18 after ‘‘any such tribe’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(d) INDIAN COMMITTEE.—If neither a local edu21 cational agency pursuant to subsection (b), nor an Indian 

22 tribe or consortium of Indian tribes pursuant to subsection 

23 (c), applies for a grant under this subpart, a committee 

24 of Indian individuals in the community of the local edu25 cational agency may apply for such grant and the SecVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
99 

•HR 3569 IH

1 retary shall apply the special rule in subsection (c)(2) to 

2 such committee in the same manner as such rule applies 

3 to an Indian tribe or consortium of Indian tribes.’’. 

4 SEC. 154. AMOUNT OF GRANTS. 

5 Section 7113 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 7423) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1), by striking ‘‘$3,000’’ 

9 and inserting ‘‘$10,000’’; 

10 (B) in paragraph (2)— 

11 (i) by inserting ‘‘and Indian tribes’’ 

12 after ‘‘Local educational agencies’’; and 

13 (ii) by inserting ‘‘and operating pro14 grams’’ after ‘‘obtaining grants’’; and 

15 (C) by striking ‘‘$4,000’’ and inserting 

16 ‘‘$15,000’’; and 

17 (2) in subsection (d)— 

18 (A) in the subsection heading, by striking 

19 ‘‘AFFAIRS’’ and inserting ‘‘EDUCATION’’; and 

20 (B) in paragraph (1)(A)(i), by striking 

21 ‘‘Affairs’’ and inserting ‘‘Education’’. 

22 SEC. 155. APPLICATIONS. 

23 Section 7114 of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 7424) is amended— 

25 (1) in subsection (b)— 


smartinez on DSK6TPTVN1PROD with BILLS
100 

•HR 3569 IH

1 (A) in paragraph (2)— 

2 (i) in subparagraph (A), by striking 

3 ‘‘is consistent with the State and local’’ 

4 and inserts ‘‘supports the State, tribal, and 

5 local’’; and 

6 (ii) in subparagraph (B), by striking 

7 ‘‘, that are’’ and all that follows through 

8 ‘‘all children’’; and 

9 (B) in paragraph (3), by striking ‘‘, espe10 cially programs carried out under title I,’’; 

11 (C) in paragraph (5)— 

12 (i) in subparagraph (A), by striking 

13 ‘‘and’’ after the semicolon; and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(C) the parents of Indian children and 

17 representatives of Indian tribes on the com18 mittee described in subsection (c)(5) will par19 ticipate in the planning of the professional de20 velopment materials; and’’; and 

21 (D) in paragraph (6)(B)— 

22 (i) in clause (i), by striking ‘‘and’’ 

23 after the semicolon; and 

24 (ii) by adding at the end the fol25 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
101 

•HR 3569 IH

1 ‘‘(iii) each Indian tribe whose children 

2 are served by the local educational agency; 

3 and’’; 

4 (2) in subsection (c)— 

5 (A) by redesignating paragraphs (2) 

6 through (4) as paragraphs (3) through (5), re7 spectively; 

8 (B) by inserting after paragraph (1) the 

9 following: 

10 ‘‘(2) the local educational agency will use funds 

11 received under this subpart only for activities de12 scribed and authorized in this subpart;’’; 

13 (C) in paragraph (3) (as redesignated by 

14 subparagraph (1))— 

15 (i) in subparagraph (A), by striking 

16 ‘‘and’’ after the semicolon; 

17 (ii) in subparagraph (B), by inserting 

18 ‘‘and’’ after the semicolon; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(C) determine the extent to which such 

22 activities address the unique cultural, language, 

23 and educational needs of Indian students;’’; 

24 (D) in paragraph (4)(C) (as redesignated 

25 by paragraph (1)), by striking ‘‘and teachers,’’ 


smartinez on DSK6TPTVN1PROD with BILLS
102 

•HR 3569 IH

1 and inserting ‘‘teachers, and representatives of 

2 Indian tribes with reservations located within 

3 50 miles of any of the schools (if any such tribe 

4 has children in any such school)’’; 

5 (E) in paragraph (5)— 

6 (i) in subparagraph (A)— 

7 (I) by redesignating clauses (ii) 

8 and (iii) as clauses (iii) and (iv), re9 spectively; and 

10 (II) by inserting after clause (i) 

11 the following: 

12 ‘‘(ii) representatives of Indian tribes 

13 with reservations located within 50 miles of 

14 any of the schools, if any such tribe has 

15 children in any such school;’’; 

16 (ii) in subparagraph (B), by inserting 

17 ‘‘and representatives of Indian tribes de18 scribed in subparagraph (A)(ii), if applica19 ble’’ before the semicolon at the end; and 

20 (iii) in subparagraph (D)— 

21 (I) in clause (i), by striking 

22 ‘‘and’’ after the semicolon; and 

23 (II) by adding at the end the fol24 lowing: 


smartinez on DSK6TPTVN1PROD with BILLS
103 

•HR 3569 IH

1 ‘‘(iii) determined that the program 

2 will directly enhance the educational expe3 rience of American Indian and Alaska Na4 tive students; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(d) OUTREACH.—The Secretary shall monitor the 

7 applications for grants under this subpart to identify eligi8 ble local educational agencies and schools operated by the 

9 Bureau of Indian Education that have not applied for 

10 grants, and shall undertake appropriate outreach activities 

11 to encourage and assist such entities to submit applica12 tions.’’. 

13 SEC. 156. AUTHORIZED SERVICES AND ACTIVITIES. 

14 Section 7115 of the Elementary and Secondary Edu15 cation Act of 1965 (20 U.S.C. 7425) is amended— 

16 (1) in subsection (b)— 

17 (A) by redesignating paragraphs (1) 

18 through (11) as paragraphs (2) through (12), 

19 respectively; 

20 (B) by inserting before paragraph (2) (as 

21 redesignated by subparagraph (A)) the fol22 lowing: 

23 ‘‘(1) the activities that support Native Amer24 ican language programs and Native American lanVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
104 

•HR 3569 IH

1 guage restoration programs, such as those programs 

2 described in section 7123;’’; 

3 (C) in paragraph (4) (as redesignated by 

4 subparagraph (A)), by striking ‘‘and directly 

5 support the attainment of challenging State 

6 academic content and student academic achieve7 ment standards’’; 

8 (D) in paragraph (5) (as redesignated by 

9 subparagraph (A)), by striking ‘‘that meet the 

10 needs of Indian children and their families’’ and 

11 inserting ‘‘, including programs that promote 

12 parental involvement in school activities and 

13 promote parental involvement to increase stu14 dent achievement, in order to meet the unique 

15 needs of Indian children and their families’’; 

16 (E) in paragraph (10) (as redesignated by 

17 subparagraph (A)), by striking ‘‘, consistent 

18 with State standards’’; and 

19 (F) in paragraph (12) (as redesignated by 

20 subparagraph (A)), by striking ‘‘, and incor21 porate appropriately qualified tribal elders and 

22 seniors’’; and 

23 (2) in subsection (c)— 

24 (A) in paragraph (1), by striking ‘‘and’’ 

25 after the semicolon; 


smartinez on DSK6TPTVN1PROD with BILLS
105 

•HR 3569 IH

1 (B) in paragraph (2), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(3) the local educational agency identifies in 

5 its application how the use of such funds in a 

6 schoolwide program will produce benefits to the In7 dian students that would not be achieved if the 

8 funds were not used in a schoolwide program.’’. 

9 SEC. 157. STUDENT ELIGIBILITY FORMS. 

10 Section 7117(e) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7427(e)) is amended— 

12 (1) by striking ‘‘For purposes’’ and inserting 

13 the following: 

14 ‘‘(1) IN GENERAL.—For purposes’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(2) RECORDS.—Once a child is determined to 

17 be an Indian eligible to be counted for such grant 

18 award, the local educational agency shall maintain a 

19 record of such determination and the local edu20 cational agency and Secretary shall not require a 

21 new or duplicate determination to be made for such 

22 child for a subsequent application for a grant under 

23 this subpart.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
106 

•HR 3569 IH

1 SEC. 158. TECHNICAL ASSISTANCE. 

2 Subpart 1 of part A of title VII of the Elementary 

3 and Secondary Education Act of 1965 (20 U.S.C. 7421 

4 et seq.) is further amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 7120. TECHNICAL ASSISTANCE. 

7 ‘‘The Secretary shall, directly or through a contract, 

8 provide technical assistance to a local educational agency 

9 upon request (in addition to any technical assistance avail10 able under any other provision of this Act or available 

11 through the Institute of Education Sciences) to support 

12 the services and activities provided under this subpart, in13 cluding technical assistance for— 

14 ‘‘(1) the development of applications under this 

15 subpart; 

16 ‘‘(2) improvement in the quality of implementa17 tion, content of activities, and evaluation of activities 

18 supported under this subpart; and 

19 ‘‘(3) integration of activities under this title 

20 with other educational activities established by the 

21 local educational agency.’’. 

22 SEC. 159. AMENDMENTS RELATING TO TRIBAL COLLEGES 

23 AND UNIVERSITIES. 

24 Subpart 2 of part A of title VII of the Elementary 

25 and Secondary Education Act of 1965 (20 U.S.C. 7441 

26 et seq.) is amended— 


smartinez on DSK6TPTVN1PROD with BILLS
107 

•HR 3569 IH

1 (1) in section 7121(b), by striking ‘‘Indian in2 stitution (including an Indian institution of higher 

3 education)’’ and inserting ‘‘Tribal College or Univer4 sity, as defined in section 316(b) of the Higher Edu5 cation Act of 1965’’; and 

6 (2) in section 7122— 

7 (A) in subsection (b)— 

8 (i) by striking paragraph (1) and in9 serting the following: 

10 ‘‘(1) a Tribal College or University, as defined 

11 in section 316(b) of the Higher Education Act of 

12 1965;’’; and 

13 (ii) in paragraph (4), by striking the 

14 period and inserting ‘‘, in consortium with 

15 not less than 1 Tribal College or Univer16 sity, as defined in section 316(b) of the 

17 Higher Education Act of 1965.’’; and 

18 (B) in subsection (f)— 

19 (i) by redesignating paragraphs (1) 

20 and (2) as paragraphs (2) and (3), respec21 tively; 

22 (ii) by inserting after ‘‘the Sec23 retary—’’ the following: 

24 ‘‘(1) shall give priority to tribally chartered in25 stitutions of higher education;’’; 


smartinez on DSK6TPTVN1PROD with BILLS
108 

•HR 3569 IH

1 (iii) in paragraph (2), as redesignated, 

2 by striking ‘‘shall’’ and inserting ‘‘may’’; 

3 and 

4 (iv) in paragraph (3), as redesignated, 

5 by striking ‘‘basis of—’’ and all that fol6 lows through ‘‘grants’’ and inserting ‘‘basis 

7 of the length of any period during which 

8 the eligible entity has received a grant or 

9 grants’’. 

10 SEC. 160. TRIBAL EDUCATIONAL AGENCY COOPERATIVE 

11 AGREEMENTS. 

12 Subpart 2 of part A of title VII of the Elementary 

13 and Secondary Education Act of 1965 (20 U.S.C. 7441 

14 et seq.) is amended by adding at the end the following: 

15 ‘‘SEC. 7123. TRIBAL EDUCATION AGENCY COOPERATIVE 

16 AGREEMENTS. 

17 ‘‘(a) IN GENERAL.—Notwithstanding any other pro18 vision of this Act, an Indian tribe may enter into a cooper19 ative agreement with a State educational agency or a local 

20 education agency that serves a school within the Indian 

21 lands of such Indian tribe. 

22 ‘‘(b) COOPERATIVE AGREEMENT.—Upon the request 

23 of an Indian tribe that includes, within the Indian lands 

24 of the tribe, a school served by a State educational agency 

25 or a local educational agency that receives assistance 


smartinez on DSK6TPTVN1PROD with BILLS
109 

•HR 3569 IH

1 under this Act, the State educational agency or local edu2 cational agency shall enter into a cooperative agreement 

3 with the Indian tribe with respect to such school. The In4 dian tribe and the State educational agency or local edu5 cational agency, as the case may be, shall determine the 

6 terms of the agreement, and the agreement may— 

7 ‘‘(1) authorize the tribal education agency of 

8 the Indian tribe to plan, conduct, consolidate, and 

9 administer programs, services, functions, and activi10 ties, or portions thereof, administered by the State 

11 educational agency or local educational agency; and 

12 ‘‘(2) authorize the tribal education agency to 

13 reallocate funds for such programs, services, func14 tions, and activities, or portions thereof as nec15 essary. 

16 ‘‘(c) DISAGREEMENT.—If an Indian tribe has re17 quested a cooperative agreement under subsection (b) with 

18 a State educational agency or local educational agency 

19 that receives assistance under this Act, and the Indian 

20 tribe and State educational agency or local educational 

21 agency cannot reach an agreement, the Indian tribe may 

22 submit to the Secretary the information that the Secretary 

23 determines relevant to make a determination. The Sec24 retary shall provide notice to the affected State edu25 cational agency or local educational agency not later than 


smartinez on DSK6TPTVN1PROD with BILLS
110 

•HR 3569 IH

1 30 days after receiving the Indian tribe’s submission. 

2 After such notice is made, the State educational agency 

3 or local educational agency has 30 days to submit informa4 tion that the Secretary determines relevant in relation to 

5 the disagreement. After the 30 days provided to the State 

6 educational agency or local educational agency has 

7 elapsed, the Secretary shall make a determination. 

8 ‘‘(d) CONSORTIUM OF TRIBES.—Nothing in this sec9 tion shall preclude the development and submission of a 

10 single tribal education agencies pilot project cooperative 

11 agreement by the participating Indian tribes of an inter12 tribal consortium. 

13 ‘‘(e) DEFINITIONS.—In this section: 

14 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ 

15 has the meaning given that term in section 8013. 

16 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

17 means any Indian tribe, band, nation, other orga18 nized group or community, including any Native vil19 lage or Regional Corporation or Village Corporation 

20 as defined in or established pursuant to the Alaska 

21 Native Claims Settlement Act, that is recognized as 

22 eligible for the special programs and services pro23 vided by the United States to Indians because of 

24 their status as Indians.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
111 

•HR 3569 IH

1 SEC. 161. TRIBAL EDUCATION AGENCIES PILOT PROJECT. 

2 Subpart 2 of part A of title VII of the Elementary 

3 and Secondary Education Act of 1965 (20 U.S.C. 7441 

4 et seq.) is further amended by adding at the end the fol5 lowing: 

6 ‘‘SEC. 7124. TRIBAL EDUCATION AGENCIES PILOT PROJECT. 

7 ‘‘(a) PURPOSE.—There is established a pilot project 

8 to be known as the ‘Tribal Education Agency Pilot 

9 Project’ that authorizes not more than 5 qualifying Indian 

10 tribes per year to be eligible to receive grants with the 

11 Secretary to administer State educational agency func12 tions authorized under this Act for schools that meet the 

13 eligibility criteria described in subsection (e). These func14 tions include all grants, including grants allocated through 

15 formulas and discretionary grants allocated on a competi16 tive basis, that are awarded under this Act. 

17 ‘‘(b) PLANNING PHASE.— 

18 ‘‘(1) IN GENERAL.—Each Indian tribe seeking 

19 to participate in the Tribal Education Agencies Pilot 

20 Project shall complete a planning phase. The plan21 ning phase shall include— 

22 ‘‘(A) the development of an education plan 

23 for the schools that meet the eligibility criteria 

24 described in subsection (e) and that will be 

25 served under the pilot project; and 


smartinez on DSK6TPTVN1PROD with BILLS
112 

•HR 3569 IH

1 ‘‘(B) demonstrated coordination and col2 laboration partnerships, including cooperative 

3 agreements with each local educational agency 

4 that serves a school meeting the criteria de5 scribed in subsection (e). 

6 ‘‘(2) EXEMPTION.—The Secretary may waive 

7 the planning phase, upon the application of an In8 dian tribe, if the Indian tribe has— 

9 ‘‘(A) been operating a tribal education 

10 agency successfully for 2 or more years; and 

11 ‘‘(B) can demonstrate compliance with the 

12 fiscal accountability provision of 5(f)(1) of the 

13 Indian Self-Determination and Education As14 sistance Act (25 U.S.C. 450c(f)(1)), relating to 

15 the submission of a single-agency audit report 

16 required by chapter 75 of title 31, United 

17 States Code. 

18 ‘‘(c) FUNDING AGREEMENT.—After an Indian tribe 

19 has successfully completed the planning phase, the Sec20 retary shall award a grant and enter into a funding agree21 ment to the Indian tribe to enable the tribal education 

22 agency of the tribe to administer all State educational 

23 agency functions described in subsection (a) for the 

24 schools that meet the eligibility criteria described in sub25 section (e). Each funding agreement shall— 


smartinez on DSK6TPTVN1PROD with BILLS
113 

•HR 3569 IH

1 ‘‘(1) identify the programs, services, functions, 

2 and activities that the tribal education agency will be 

3 administering for such schools; 

4 ‘‘(2) determine the amount of funds to be pro5 vided to the Indian tribe by the allocations or grant 

6 amounts that would otherwise be provided to the 

7 State educational agency, as appropriate; and 

8 ‘‘(3) ensure that the Secretary provides such 

9 funds directly to the tribe to administer such pro10 grams. 

11 ‘‘(d) ELIGIBILITY.—In order to serve a school 

12 through a funding agreement under this section, the In13 dian tribe shall demonstrate— 

14 ‘‘(1) that the school meets 1 or more of the fol15 lowing criteria— 

16 ‘‘(A) the school is funded by the Bureau of 

17 Indian Affairs, whether directly or through a 

18 contract or compact with an Indian tribe or a 

19 tribal consortium; 

20 ‘‘(B) the school receives payments under 

21 title VII because of students living on Indian 

22 land; 

23 ‘‘(C) the school is located on Indian land; 

24 and 


smartinez on DSK6TPTVN1PROD with BILLS
114 

•HR 3569 IH

1 ‘‘(D) a majority of the students in the 

2 school are American Indian or Alaska Native; 

3 and 

4 ‘‘(2) that the Indian tribe— 

5 ‘‘(A) has the capacity to administer the 

6 functions for which the tribe applies for such 

7 school, including compliance with the fiscal ac8 countability provision of 5(f)(1) of the Indian 

9 Self-Determination and Education Assistance 

10 Act (25 U.S.C. 450c(f)(1)), relating to the sub11 mission of a single-agency audit report required 

12 by chapter 75 of title 31, United States Code; 

13 and 

14 ‘‘(B) satisfies such other factors that the 

15 Secretary deems appropriate. 

16 ‘‘(e) GEOGRAPHICAL DIVERSITY.—In awarding 

17 grants under this section, the Secretary shall ensure that 

18 grants are provided and grant amounts are used in a man19 ner that results in national geographic diversity among In20 dian tribes applying for grants under this section. 

21 ‘‘(f) CONSORTIUM OF TRIBES.—Nothing in this sec22 tion shall preclude the development and submission of a 

23 single tribal education agencies pilot project by the partici24 pating Indian tribes of an intertribal consortium. 


smartinez on DSK6TPTVN1PROD with BILLS
115 

•HR 3569 IH

1 ‘‘(g) REPORTING REQUIREMENTS.—The Secretary 

2 shall submit to Congress a written report 3 years after 

3 the date of enactment of this Act that— 

4 ‘‘(1) identifies the relative costs and benefits of 

5 tribal education agencies, as demonstrated by the 

6 grants; 

7 ‘‘(2) identifies the funds transferred to each 

8 tribal education agency and the corresponding reduc9 tion in the Federal bureaucracy; and 

10 ‘‘(3) includes the separate views of each Indian 

11 tribe participating in the pilot project. 

12 ‘‘(h) DEFINITIONS.—In this section: 

13 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ 

14 has the meaning given that term in section 8013. 

15 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

16 means any Indian tribe, band, nation, other orga17 nized group or community, including any Native vil18 lage or Regional Corporation or Village Corporation 

19 as defined in or established pursuant to the Alaska 

20 Native Claims Settlement Act, that is recognized as 

21 eligible for the special programs and services pro22 vided by the United States to Indians because of 

23 their status as Indians. 

24 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section 


smartinez on DSK6TPTVN1PROD with BILLS
116 

•HR 3569 IH

1 $25,000,000 for fiscal year 2012 and each of the 5 suc2 ceeding fiscal years.’’. 

3 SEC. 162. IMPROVE SUPPORT FOR TEACHERS AND ADMIN4 ISTRATORS OF NATIVE AMERICAN STU5 DENTS. 

6 Subpart 2 of part A of title VII of the Elementary 

7 and Secondary Education Act of 1965 (20 U.S.C. 7441 

8 et seq.) is amended by adding at the end the following: 

9 ‘‘SEC. 7125. TEACHER AND ADMINISTRATOR PIPELINE FOR 

10 TEACHERS AND ADMINISTRATORS OF NATIVE 

11 AMERICAN STUDENTS. 

12 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall 

13 award grants to eligible entities to enable such entities to 

14 create or expand a teacher or administrator, or both, pipe15 line for teachers and administrators of Native American 

16 students. 

17 ‘‘(b) ELIGIBLE ENTITY.—In this section, the term 

18 ‘eligible entity’ means— 

19 ‘‘(1) a local educational agency; 

20 ‘‘(2) an institution of higher education; or 

21 ‘‘(3) a nonprofit organization. 

22 ‘‘(c) PRIORITY.—In awarding grants under this sec23 tion, the Secretary shall give priority to Tribal Colleges 

24 and Universities (as defined in section 316 of the Higher 

25 Education Act of 1965). 


smartinez on DSK6TPTVN1PROD with BILLS
117 

•HR 3569 IH

1 ‘‘(d) ACTIVITIES.—An eligible entity that receives a 

2 grant under this section shall create a program that shall 

3 prepare, recruit, and provide continuing education for 

4 teachers and administrators of Native American students, 

5 in particular for teachers of— 

6 ‘‘(1) science, technology, engineering, and 

7 mathematics; 

8 ‘‘(2) subjects that lead to health professions; 

9 and 

10 ‘‘(3) green skills and ‘middle skills’, including 

11 electrical, welding, technology, plumbing, and green 

12 jobs. 

13 ‘‘(e) INCENTIVES FOR TEACHERS AND ADMINISTRA14 TORS.—An eligible entity that receives a grant under this 

15 section may provide incentives to teachers and principals 

16 who make a commitment to serve high-need, high-poverty, 

17 tribal schools, including in the form of scholarships, loan 

18 forgiveness, incentive pay, or housing allowances. 

19 ‘‘(f) SCHOOL AND COMMUNITY ORIENTATION.—An 

20 eligible entity that receives a grant under this section shall 

21 develop an evidence-based, culturally-based school and 

22 community orientation for new teachers and administra23 tors of Native American students.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
118 

•HR 3569 IH

1 SEC. 163. NATIONAL BOARD CERTIFICATION INCENTIVE 

2 DEMONSTRATION PROGRAM. 

3 Subpart 2 of part A of title VII of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 7441 

5 et seq.) is further amended by adding at the end the fol6 lowing: 

7 ‘‘SEC. 7126. NATIONAL BOARD CERTIFICATION INCENTIVE 

8 DEMONSTRATION PROGRAM. 

9 ‘‘(a) PURPOSES.—The purposes of this section are— 

10 ‘‘(1) to improve the skills of qualified individ11 uals that teach Indian people; and 

12 ‘‘(2) to provide an incentive for qualified teach13 ers to continue to utilize their enhanced skills in 

14 schools serving Indian communities. 

15 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this 

16 section, the term ‘eligible entity’ means— 

17 ‘‘(1) a State educational agency or local edu18 cational agency, in consortium with an institution of 

19 higher education; 

20 ‘‘(2) an Indian tribe or organization, in consor21 tium with a local educational agency; or 

22 ‘‘(3) a Bureau-funded school (as defined in sec23 tion 1146 of the Education Amendments of 1978). 

24 ‘‘(c) PROGRAM AUTHORIZED.—For fiscal years 2012 

25 through 2018, the Secretary is authorized to award grants 


smartinez on DSK6TPTVN1PROD with BILLS
119 

•HR 3569 IH

1 to eligible entities having applications approved under this 

2 section to enable those entities to— 

3 ‘‘(1) reimburse individuals who teach Indian 

4 people with out-of-pocket costs associated with ob5 taining National Board Certification; and 

6 ‘‘(2) providing a minimum of $5,000 but not 

7 more than a $10,000 increase in annual compensa8 tion for National Board Certified individuals for the 

9 duration of the Demonstration Project. 

10 ‘‘(d) APPLICATION.—Each eligible entity desiring a 

11 grant under this section shall submit an application to the 

12 Secretary at such time, in such manner, and accompanied 

13 by such information, as the Secretary may require. In re14 viewing applications under this section, the Secretary shall 

15 ensure that the eligible entities— 

16 ‘‘(1) are located within the boundaries of a res17 ervation; and 

18 ‘‘(2) maintain an average enrollment of at least 

19 30 percent of students that reside within the bound20 aries of a reservation. 

21 ‘‘(e) RESTRICTIONS ON COMPENSATION IN22 CREASES.—The Secretary shall require and ensure that 

23 National Board Certified individuals continue to teach at 

24 the eligible entity as a condition of receiving annual com25 pensation increases provided for in this section. 


smartinez on DSK6TPTVN1PROD with BILLS
120 

•HR 3569 IH

1 ‘‘(f) PROGRESS REPORTS.—In fiscal years 2015 and 

2 2018, the Comptroller General of the United States shall 

3 provide a report on the progress of the entities receiving 

4 awards in meeting applicable progress standards.’’. 

5 SEC. 164. TRIBAL LANGUAGE IMMERSION SCHOOLS. 

6 Subpart 2 of part A of title VII of the Elementary 

7 and Secondary Education Act of 1965 (20 U.S.C. 7441 

8 et seq.) is further amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 7127. TRIBAL LANGUAGE IMMERSION SCHOOLS. 

11 ‘‘(a) PURPOSE.—It is the purpose of this section to 

12 establish a grant program to permit eligible schools to use 

13 American Indian, Alaska Native, and Native Hawaiian 

14 languages as the primary language of instruction of all 

15 curriculum taught at the schools (referred to in this sec16 tion as ‘immersion schools’) in order to increase the num17 ber of American Indian, Alaska Native, and Native Ha18 waiian graduates at all levels of education, and to increase 

19 the proficiencies of these students in the curriculum being 

20 taught. 

21 ‘‘(b) PROGRAM AUTHORIZED.—From the amounts 

22 made available to carry out this section, the Secretary may 

23 award grants to eligible schools to develop and maintain, 

24 or to improve and expand, programs that support articuVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
121 

•HR 3569 IH

1 lated Native language learning in kindergarten through 

2 postsecondary education programs. 

3 ‘‘(c) ELIGIBLE SCHOOL; DEFINITION.—In this sec4 tion— 

5 ‘‘(1) the term ‘eligible school’ means a school 

6 that provides elementary or secondary education or 

7 a Tribal College or University, including an elemen8 tary or secondary school operated by a Tribal Col9 lege or University, that has, or can present a plan 

10 for development of, an immersion school or courses 

11 in which instruction is provided for a minimum 900 

12 hours per academic year; and 

13 ‘‘(2) the term ‘Tribal College or University’ has 

14 the meaning given that term in section 316(b) of the 

15 Higher Education Act of 1965. 

16 ‘‘(d) APPLICATION.—An eligible school seeking a 

17 grant under this section shall submit an application to the 

18 Secretary at such time and in such manner as the Sec19 retary may require, that includes the following informa20 tion: 

21 ‘‘(1) The number of students attending the 

22 school. 

23 ‘‘(2) The number of present hours of tribal lan24 guage instruction being provided to students at the 

25 school, if any. 


smartinez on DSK6TPTVN1PROD with BILLS
122 

•HR 3569 IH

1 ‘‘(3) The status of school with regard to any 

2 applicable Tribal Education Department or agency, 

3 public education system, or accrediting body. 

4 ‘‘(4) A statement that the school is engaged in 

5 meeting targeted proficiency levels for students as 

6 may be required by applicable Federal, State, or 

7 tribal law. 

8 ‘‘(5) A statement identifying how the pro9 ficiency levels for students being educated, or to be 

10 educated, at the tribal language immersion school 

11 are, or will be, assessed. 

12 ‘‘(6) A list of the instructors at the tribal lan13 guage immersion school and their qualifications. 

14 ‘‘(7) A list of any partners or subcontractors 

15 with the tribal language immersion school who may 

16 assist in the provision of instruction in the immer17 sion setting, and the role of such partner or subcon18 tractor. 

19 ‘‘(8) Any other information that the Secretary 

20 may require. 

21 ‘‘(e) ADDITIONAL ELIGIBILITY REQUIREMENTS.— 

22 When submitting an application for a grant under this 

23 section, each eligible school shall submit: 

24 ‘‘(1) A certificate from a federally recognized 

25 Indian tribe, or a letter from any organized AmerVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
123 

•HR 3569 IH

1 ican Indian, Alaska Native, or Native Hawaiian 

2 community, on whose lands the school is located, or 

3 which is served by the school, or from a tribally con4 trolled college or university (as defined in section 2 

5 of the Tribally Controlled College or University As6 sistance Act of 1978) that is operating the school, 

7 indicating that the school has the capacity to provide 

8 language immersion education and that there are 

9 sufficient native speakers at the school or available 

10 to be hired by the school who are trained as edu11 cators who can provide the education services re12 quired by the school in the native language used at 

13 the immersion school and who will satisfy any re14 quirements of any applicable law for educators gen15 erally. 

16 ‘‘(2) An assurance that the school will partici17 pate in data collection conducted by the Secretary 

18 that will determine best practices and further aca19 demic evaluation of the immersion school. 

20 ‘‘(3) A demonstration of the capacity to have 

21 native language speakers provide the basic education 

22 offered by the school for the minimum 900 hours 

23 per academic year as required under the grant. 


smartinez on DSK6TPTVN1PROD with BILLS
124 

•HR 3569 IH

1 ‘‘(f) ACTIVITIES AUTHORIZED.—The following activi2 ties are the activities that may be carried out by the eligi3 ble schools that receive a grant under this section: 

4 ‘‘(1) Development of an articulated instruc5 tional curriculum for the language of the tribe, 

6 American Indian, Alaska Native, or Hawaiian com7 munity served by the school applying for the grant. 

8 ‘‘(2) In-service and preservice development of 

9 teachers and paraprofessionals who will be providing 

10 the instruction in the native language involved. 

11 ‘‘(3) Development of contextual, experiential 

12 programs, and curriculum materials related to the 

13 indigenous language of the community which the im14 mersion school serves. 

15 ‘‘(g) NUMBER, AMOUNT, AND DIVERSITY OF LAN16 GUAGES IN GRANTS.—Based on the amount appropriated 

17 by Congress as authorized by this section, and the number 

18 of eligible schools applying for a grant under this section, 

19 the Secretary may determine the amounts and length of 

20 each grant made under this section and shall ensure, to 

21 the maximum extent practicable, that diversity in lan22 guages is represented in such grants. 

23 ‘‘(h) REPORT TO SECRETARY.—Each eligible school 

24 receiving a grant under this section shall provide an an25 nual report to the Secretary at such time, in such manner, 


smartinez on DSK6TPTVN1PROD with BILLS
125 

•HR 3569 IH

1 and containing such information as the Secretary may re2 quire. 

3 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—Not4 withstanding any other section authorizing funds to be ap5 propriated for carrying out the purposes of this title, there 

6 is authorized to be appropriated to carry out this section 

7 $5,000,000 for the first full fiscal year following the date 

8 of enactment of this section, and such sums as are nec9 essary in the 4 following fiscal years.’’. 

10 SEC. 165. COORDINATION OF INDIAN STUDENT INFORMA11 TION. 

12 Subpart 3 of part A of title VII of the Elementary 

13 and Secondary Education Act of 1965 (20 U.S.C. 7451 

14 et seq.) is amended by adding at the end the following: 

15 ‘‘SEC. 7137. COORDINATION OF INDIAN STUDENT INFORMA16 TION. 

17 ‘‘(a) PURPOSE.—Consonant with the United States’ 

18 unique and continuing trust responsibility to Indian people 

19 for the education of Indian children as described in section 

20 7101, it is the purpose of this section to enable the Sec21 retary to establish or improve the effectiveness and effi22 ciency of programs for coordination among educational 

23 agencies and schools for the linkage and exchange of stu24 dent records of Indian children. 

25 ‘‘(b) GRANTS AUTHORIZED.— 


smartinez on DSK6TPTVN1PROD with BILLS
126 

•HR 3569 IH

1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the Secretary of the Interior, the States, 

3 and Indian tribes, is authorized to make grants to, 

4 or enter into contracts with, State educational agen5 cies, local educational agencies, Indian tribes, Indian 

6 organizations, tribal education agencies, institutions 

7 of higher education, other public and private non8 profit organizations, and consortia of all such enti9 ties, to improve the collection, coordination, and 

10 electronic exchange of Indian student records be11 tween State educational agencies, local educational 

12 agencies, and elementary schools and secondary 

13 schools funded by the Bureau of Indian Education. 

14 ‘‘(2) PREFERENCE.—In awarding grants under 

15 this section, the Secretary shall give preference to— 

16 ‘‘(A) entities that are Indian tribes, Indian 

17 organizations, tribal education agencies; or 

18 ‘‘(B) consortia that include 1 or more such 

19 entities. 

20 ‘‘(3) GRANT DURATION.—Each grant awarded 

21 under this section shall be for a duration of not 

22 more than 5 years. 

23 ‘‘(c) ASSISTANCE.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall assist 

25 the Secretary of the Interior, the States, and eleVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
127 

•HR 3569 IH

1 mentary schools and secondary schools funded by 

2 the Bureau of Indian Education in developing effec3 tive methods for— 

4 ‘‘(A) the electronic transfer of student 

5 records of Indian children; 

6 ‘‘(B) the determination of the number of 

7 Indian children in each State, disaggregated by 

8 the local educational agency in which such chil9 dren reside; and 

10 ‘‘(C) the determination of the extent to 

11 which Indian children under the age of 18 who 

12 have not achieved a secondary school diploma 

13 are not enrolled in any school. 

14 ‘‘(2) INFORMATION SYSTEMS.— 

15 ‘‘(A) IN GENERAL.—Using amounts made 

16 available under subsection (e), the Secretary, in 

17 consultation with the Secretary of the Interior, 

18 the States, and elementary schools and sec19 ondary schools funded by the Bureau of Indian 

20 Education, shall award grants or contracts to, 

21 or enter agreements with, State educational 

22 agencies and local educational agencies, and 

23 provide funds to the Secretary of the Interior in 

24 accordance with subsection (d) in order to en25 sure the linkage of Indian student records sysVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
128 

•HR 3569 IH

1 tems for the purpose of electronically exchang2 ing, among and between State educational 

3 agencies, local educational agencies, and 

4 schools, health and educational information re5 garding all Indian students. The Secretary of 

6 Education shall ensure such linkage occurs in a 

7 cost-effective manner, and to the extent prac8 ticable, utilizes systems, if any, used prior to 

9 the date of enactment of this section. 

10 ‘‘(B) DATA ELEMENTS.—The Secretary 

11 shall identify the data elements that each State 

12 receiving assistance under this subsection and 

13 the Secretary of the Interior shall collect and 

14 maintain for each Indian student enrolled in a 

15 school, which, at a minimum, shall include— 

16 ‘‘(i) the student’s enrollment and 

17 disenrollment in any elementary and sec18 ondary school, and the grade levels suc19 cessfully completed at such school; 

20 ‘‘(ii) the student’s immunization 

21 records and other health information; 

22 ‘‘(iii) the student’s elementary and 

23 secondary academic history (including par24 tial credit), credit accrual, and results from 

25 any assessments required by Federal law; 


smartinez on DSK6TPTVN1PROD with BILLS
129 

•HR 3569 IH

1 ‘‘(iv) other academic information es2 sential to ensuring that Indian children 

3 achieve high standards; and 

4 ‘‘(v) the student’s eligibility for serv5 ices under the Individuals with Disabilities 

6 Education Act. 

7 ‘‘(C) NOTICE AND COMMENT.—After ful8 filling the consultation required under subpara9 graph (A), the Secretary shall publish a notice 

10 in the Federal Register seeking public comment 

11 on the proposed data elements that the Sec12 retary of the Interior and each State shall be 

13 required to collect for purposes of electronic 

14 transfer of Indian student information with re15 spect to schools assisted under this Act and the 

16 requirements the Secretary of the Interior and 

17 the States shall meet for immediate electronic 

18 access to such information. Such publication 

19 shall occur not later than 180 days after the 

20 date of enactment of this section. 

21 ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 

22 State educational agency or local educational agency 

23 receiving assistance under this Act, or an elementary 

24 school or secondary school funded by the Bureau of 

25 Indian Education, shall make student records availVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
130 

•HR 3569 IH

1 able at request of any other educational agency or 

2 school at no cost to the requesting agency or school 

3 if the request is made in order to meet the needs of 

4 an Indian child who is enrolled, or was enrolled, in 

5 the school receiving assistance under this Act. 

6 ‘‘(d) REPORT TO CONGRESS.— 

7 ‘‘(1) IN GENERAL.—Not later than 2 years 

8 after the date of enactment of this section, the Sec9 retary shall prepare and submit, to the Committee 

10 on Health, Education, Labor, and Pensions and the 

11 Committee on Indian Affairs of the Senate, and the 

12 Committee on Education and the Workforce of the 

13 House of Representatives a report— 

14 ‘‘(A) describing the status of the imple15 mentation of this section; and 

16 ‘‘(B) including recommendations from the 

17 Secretary and the Secretary of the Interior re18 garding the collection, coordination and ex19 change of health and educational information 

20 on Indian children by the Secretary of the Inte21 rior, the States, and elementary schools and 

22 secondary schools funded by the Bureau of In23 dian Education. 


smartinez on DSK6TPTVN1PROD with BILLS
131 

•HR 3569 IH

1 ‘‘(2) REQUIRED CONTENTS.—The Secretary 

2 shall include in the report and recommendations de3 scribed in paragraph (1)— 

4 ‘‘(A) a report on the progress made by the 

5 Secretary of the Interior, the States, and ele6 mentary schools and secondary schools funded 

7 by the Bureau of Indian Education in devel8 oping and linking electronic records transfer 

9 systems; 

10 ‘‘(B) recommendations for the develop11 ment, linkage, and maintenance of such sys12 tems; 

13 ‘‘(C) recommendations for measures that 

14 may be taken to ensure the continuity and en15 hancement of services to Indian students; 

16 ‘‘(D) a report from the Secretary of the 

17 Interior describing the extent to which funding 

18 supplied to elementary schools and secondary 

19 schools funded by the Bureau of Indian Edu20 cation pursuant to subsection (e)(2)(B) is suffi21 cient to enable those schools to develop and op22 erate electronic records transfer systems; and 

23 ‘‘(E) a report on recommendations made 

24 by Indian tribes, Indian organizations, tribal 

25 departments of education, and elementary 


smartinez on DSK6TPTVN1PROD with BILLS
132 

•HR 3569 IH

1 schools and secondary schools funded by the 

2 Bureau of Indian Education, and consortia of 

3 such entities, regarding implementation of this 

4 section and the extent to which such rec5 ommendations were taken into account. 

6 ‘‘(3) PUBLICATION IN FEDERAL REGISTER.— 

7 Not later than 14 days after the report described in 

8 paragraph (1) is submitted to Congress, the Sec9 retary shall publish such report in the Federal Reg10 ister. 

11 ‘‘(e) AVAILABILITY OF FUNDS.— 

12 ‘‘(1) RESERVATION.—For the purpose of car13 rying out this section in any fiscal year, the Sec14 retary shall reserve $20,000,000 of the amount ap15 propriated pursuant to subsection (c) of section 

16 7152. 

17 ‘‘(2) ALLOTMENT FOR THE SECRETARY OF THE

18 INTERIOR.— 

19 ‘‘(A) IN GENERAL.—From the amounts re20 served pursuant to paragraph (1), the Secretary 

21 shall transfer to the Secretary of the Interior 

22 $8,000,000 for each fiscal year to be used as 

23 described in subparagraph (B). 

24 ‘‘(B) DISTRIBUTION AND USE OF

25 FUNDS.—The Secretary of the Interior shall 


smartinez on DSK6TPTVN1PROD with BILLS
133 

•HR 3569 IH

1 distribute all funds transferred pursuant to sub2 paragraph (A) to elementary schools and sec3 ondary schools funded by the Bureau of Indian 

4 Education for use by such schools to pay the 

5 costs of establishing and participating in sys6 tems for the orderly linkage and exchange of 

7 student records of Indian children. To facilitate 

8 such establishment and participation by such 

9 schools, the Secretary of the Interior shall, at 

10 the request of any such school, supply technical 

11 assistance. Amounts required to be supplied to 

12 elementary and secondary schools operated by 

13 Indian tribes or tribal organizations pursuant 

14 to contracts issued under authority of the In15 dian Self-Determination and Education Assist16 ance Act (25 U.S.C. 450 et seq.) or pursuant 

17 to grants issued under authority of the Tribally 

18 Controlled Schools Act (25 U.S.C. 2501 et seq.) 

19 shall be added to the respective contracts or 

20 grants of such tribes or tribal organizations. 

21 ‘‘(f) DATA COLLECTION.—The Secretary shall direct 

22 the National Center for Education Statistics to collect 

23 data on Indian children. 

24 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—For the 

25 purpose of carrying out this section, there are authorized 


smartinez on DSK6TPTVN1PROD with BILLS
134 

•HR 3569 IH

1 to be appropriated $20,000,000 for fiscal year 2012 and 

2 each of the 5 succeeding fiscal years.’’. 

3 SEC. 166. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 7152 (20 U.S.C. 7492) is amended to read 

5 as follows: 

6 ‘‘SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS. 

7 ‘‘(a) SUBPART 1.—For the purpose of carrying out 

8 subpart 1, there are authorized to be appropriated 

9 $130,000,000 for fiscal year 2012 and such sums as may 

10 be necessary for each of the 5 succeeding fiscal years. 

11 ‘‘(b) SUBPART 2.—For the purpose of carrying out 

12 subpart 2, there are authorized to be appropriated 

13 $50,000,000 for fiscal year 2012 and such sums as may 

14 be necessary for each of the 5 succeeding fiscal years. 

15 ‘‘(c) SUBPART 3.—For the purpose of carrying out 

16 subpart 3, there are authorized to be appropriated 

17 $25,000,000 for fiscal year 2012 and such sums as may 

18 be necessary for each of the 5 succeeding fiscal years.’’. 

19 Subtitle F—Impact Aid 

20 SEC. 171. IMPACT AID. 

21 Section 8004 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 7704) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (2), by inserting ‘‘, prior 

25 to any final decision by the agency on how 


smartinez on DSK6TPTVN1PROD with BILLS
135 

•HR 3569 IH

1 funds received under section 8003 will be 

2 spent’’ after ‘‘benefits of such programs and ac3 tivities’’; 

4 (B) in paragraph (5)— 

5 (i) by inserting ‘‘local education’’ after 

6 ‘‘to such’’; and 

7 (ii) by inserting ‘‘, prior to any final 

8 decision by the agency on how funds re9 ceived under section 8003 will be spent’’ 

10 after ‘‘educational program’’; 

11 (2) by redesignating subsections (c) through (f) 

12 as subsections (d) through (g), respectively; 

13 (3) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) ANNUAL SUMMARY.—On an annual basis, a 

16 local educational agency that claims children residing on 

17 Indian lands for the purpose of receiving funds under sec18 tion 8003 shall provide Indian tribes with— 

19 ‘‘(1) a summary of programs and activities that 

20 were created for the claimed children, or in which 

21 the claimed children participate; and 

22 ‘‘(2) the funding received under section 8003 in 

23 the prior and current fiscal years attributable to 

24 such claimed children.’’; and 


smartinez on DSK6TPTVN1PROD with BILLS
136 

•HR 3569 IH

1 (4) by inserting after subsection (g), as so re2 designated, the following: 

3 ‘‘(h) TIMELY PAYMENTS.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 the Secretary shall pay a local educational agency 

6 that claims children residing on Indian lands for the 

7 purpose of receiving funds under section 8003 the 

8 full amount that the agency is eligible to receive 

9 under this title for a fiscal year not later than Sep10 tember 30 of the second fiscal year following the fis11 cal year for which such amount has been appro12 priated if, not later than 1 calendar year following 

13 the fiscal year in which such amount has been ap14 propriated, such local educational agency submits to 

15 the Secretary all the data and information necessary 

16 for the Secretary to pay the full amount that the 

17 agency is eligible to receive under this title for such 

18 fiscal year. 

19 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL

20 YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO21 PRIATED.—For a fiscal year in which the amount 

22 appropriated under section 8014 is insufficient to 

23 pay the full amount a local educational agency is eli24 gible to receive under this title, paragraph (1) shall 

25 be applied by substituting ‘is available to pay the 


smartinez on DSK6TPTVN1PROD with BILLS
137 

•HR 3569 IH

1 agency’ for ‘the agency is eligible to receive’ each 

2 place it appears.’’. 

3 Subtitle G—General Provisions 

4 SEC. 181. HIGHLY QUALIFIED DEFINITION. 

5 Section 9109(23) of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 7801(23)) is amend7 ed— 

8 (1) in subparagraph (B)(ii)(II), by striking ‘‘; 

9 and’’ and inserting a semicolon; 

10 (2) in subparagraph (C)(ii)(VII), by striking 

11 the period and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(D) when used with respect to any public 

14 elementary school or secondary school teacher 

15 teaching Native American language, history, or 

16 culture in a State or any Bureau of Indian Af17 fairs funded or operated school, means a teach18 er certified by an Indian tribe as highly quali19 fied to teach such subjects.’’. 

20 SEC. 182. APPLICABILITY OF ESEA TO BUREAU OF INDIAN 

21 EDUCATION SCHOOLS. 

22 Section 9103 (20 U.S.C. 7821) is amended to read 

23 as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
138 

•HR 3569 IH

1 ‘‘SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN EDU2 CATION SCHOOLS. 

3 ‘‘(a) IN GENERAL.—For the purpose of any competi4 tive program under this Act, a school described in sub5 section (b) shall have the same eligibility for and be given 

6 the same consideration as a local educational agency with 

7 regard to such program. 

8 ‘‘(b) DESCRIPTION OF SCHOOLS.—A school described 

9 in this subsection is— 

10 ‘‘(1) a school funded by the Bureau of Indian 

11 Education (including a school operated under a con12 tract or grant with the Bureau of Indian Edu13 cation), or a consortium of such schools; or 

14 ‘‘(2) a school funded by the Bureau of Indian 

15 Education in consortium with an Indian tribe, insti16 tution of higher education, tribal organization or 

17 community organization. 

18 ‘‘(c) OUTREACH.—The Secretary shall perform out19 reach to schools and consortia described in subsection (b) 

20 to encourage such schools and consortia to apply for each 

21 competitive program under this Act, and shall provide 

22 technical assistance as needed to enable such schools and 

23 consortia to submit applications for such programs. 

24 ‘‘(d) COLLABORATION.—The Secretary shall collabo25 rate with the Secretary of the Interior to provide training 

26 and technical assistance to the Bureau of Indian EduVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
139 

•HR 3569 IH

1 cation, Indian tribes, and schools operated under contracts 

2 and grants from the Bureau of Indian Education, regard3 ing— 

4 ‘‘(1) curriculum selection, including develop5 ment of culturally appropriate curricula; 

6 ‘‘(2) the development and use of appropriate as7 sessments; and 

8 ‘‘(3) effective instructional practices.’’. 

9 SEC. 183. INCREASED ACCESS TO RESOURCES FOR TRIBAL 

10 SCHOOLS, SCHOOLS SERVED BY THE BUREAU 

11 OF INDIAN EDUCATION, AND NATIVE AMER12 ICAN STUDENTS. 

13 (a) TECHNICAL ASSISTANCE AND CAPACITY BUILD14 ING.—Subpart 2 of part E of title IX of the Elementary 

15 and Secondary Education Act of 1965 (20 U.S.C. 7901 

16 et seq.) is amended by adding at the end the following: 

17 ‘‘SEC. 9537. TECHNICAL ASSISTANCE AND CAPACITY BUILD18 ING FOR TRIBAL SCHOOLS AND SCHOOLS 

19 SERVED BY THE BUREAU OF INDIAN EDU20 CATION. 

21 ‘‘Notwithstanding any other provision of this Act, the 

22 Secretary shall ensure that any program supported with 

23 funds provided under this Act that awards grants, con24 tracts, or other assistance to public schools, provides a 1 

25 percent reservation for technical assistance or capacity 


smartinez on DSK6TPTVN1PROD with BILLS
140 

•HR 3569 IH

1 building for tribal schools or schools served by the Bureau 

2 of Indian Education to ensure such tribal schools or 

3 schools served by the Bureau of Indian Education are pro4 vided the assistance to compete for such grants, contracts, 

5 or other assistance.’’. 

6 TITLE II—AMENDMENTS TO 

7 OTHER LAWS 

8 SEC. 201. AMENDMENTS TO THE AMERICAN RECOVERY 

9 AND REINVESTMENT ACT OF 2009 TO PRO10 VIDE FUNDING FOR INDIAN PROGRAMS. 

11 Title XIV of Division A of the American Recovery 

12 and Reinvestment Act of 2009 (Public Law 111–5; 123 

13 Stat. 279) is amended— 

14 (1) by striking subsection (a) of section 14001 

15 and inserting the following: 

16 ‘‘(a) OUTLYING AREAS; BUREAU OF INDIAN EDU17 CATION.— 

18 ‘‘(1) OUTLYING AREAS.—From the amount ap19 propriated to carry out this title, the Secretary of 

20 Education shall first allocate up to one-half of one 

21 percent to the outlying areas on the basis of their 

22 respective needs, as determined by the Secretary, in 

23 consultation with the Secretary of the Interior, for 

24 activities consistent with this title under such terms 

25 and conditions as the Secretary may determine. 


smartinez on DSK6TPTVN1PROD with BILLS
141 

•HR 3569 IH

1 ‘‘(2) BUREAU OF INDIAN EDUCATION.—From 

2 the amounts appropriated to carry out section 

3 14006 and section 14007, the Secretary of Edu4 cation shall allocate not less than 1 percent, but not 

5 more than 5 percent, to the schools funded by the 

6 Bureau of Indian Education on the basis of their re7 spective needs, as determined by the Secretary of 

8 Education, in consultation with the Secretary of the 

9 Interior, for activities consistent with such sections 

10 under such terms and conditions as the Secretary 

11 may determine.’’; and 

12 (2) in section 14005(d), by striking paragraph 

13 (6) (as added by section 1832(b) of the Department 

14 of Defense and Full-Year Continuing Appropriations 

15 Act, 2011 (Public Law 112–10, 125 Stat. 164)) and 

16 inserting the following: 

17 ‘‘(6) IMPROVING EARLY CHILDHOOD CARE AND

18 EDUCATION.—The State will take actions to— 

19 ‘‘(A) increase the number and percentage 

20 of low-income and disadvantaged children in 

21 each age group of infants, toddlers, and pre22 schoolers who are enrolled in high-quality early 

23 learning programs; 


smartinez on DSK6TPTVN1PROD with BILLS
142 

•HR 3569 IH

1 ‘‘(B) design and implement an integrated 

2 system of high-quality early learning programs 

3 and services; 

4 ‘‘(C) in collaboration with Indian tribes in 

5 the State, ensure that the actions described in 

6 (A) and (B) are taken to ensure that high-qual7 ity early learning programs and services are 

8 provided to Indian children in the State, which 

9 may be accomplished through subgrants to such 

10 tribes; and 

11 ‘‘(D) ensure that any use of assessments 

12 conforms with the recommendations of the Na13 tional Research Council’s reports on early child14 hood.’’. 

15 SEC. 202. QUALIFIED SCHOLARSHIPS FOR EDUCATION AND 

16 CULTURAL BENEFITS. 

17 (a) IN GENERAL.—Section 117 of the Internal Rev18 enue Code of 1986 is amended by adding at the end the 

19 following new subsection: 

20 ‘‘(e) INDIAN EDUCATION AND CULTURAL BENE21 FITS.— 

22 ‘‘(1) IN GENERAL.—Except as otherwise pro23 vided in this subsection, gross income does not in24 clude the value of— 


smartinez on DSK6TPTVN1PROD with BILLS
143 

•HR 3569 IH

1 ‘‘(A) any qualified Indian education ben2 efit, or 

3 ‘‘(B) any qualified Indian cultural benefit. 

4 ‘‘(2) QUALIFIED INDIAN EDUCATION BEN5 EFIT.—For purposes of this subsection, the term 

6 ‘qualified Indian education benefit’ means— 

7 ‘‘(A) any educational grant or benefit pro8 vided, directly or indirectly, to a member of an 

9 Indian tribe, including a spouse or dependent of 

10 such a member, by the Federal Government 

11 through a grant to or a contract or compact 

12 with an Indian tribe or tribal organization or 

13 through a third-party program funded by the 

14 Federal Government, and 

15 ‘‘(B) any educational grant or benefit pro16 vided or purchased by an Indian tribe or tribal 

17 organization to or for a member of an Indian 

18 tribe, including a spouse or dependent of such 

19 a member. 

20 ‘‘(3) QUALIFIED INDIAN CULTURAL BENEFIT.— 

21 For purposes of this subsection, the term ‘qualified 

22 Indian cultural benefit’ means— 

23 ‘‘(A) any grant or benefit provided, directly 

24 or indirectly, to a member of an Indian tribe, 

25 including a spouse or dependent of such a memVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
144 

•HR 3569 IH

1 ber, by the Federal Government through a 

2 grant to or a contract or compact with an In3 dian tribe or tribal organization or through a 

4 third-party program funded by the Federal 

5 Government, for the study of the language, cul6 ture, and ways of life of the tribe, and 

7 ‘‘(B) any grant or benefit provided or pur8 chased by an Indian tribe or tribal organization 

9 to or for a member of an Indian tribe, including 

10 a spouse or dependent of such a member, for 

11 the study of the language, culture, and ways of 

12 life of the tribe. 

13 ‘‘(4) DEFINITIONS.—For purposes of this sub14 section— 

15 ‘‘(A) INDIAN TRIBE.—The term ‘Indian 

16 tribe’ has the meaning given such term by sec17 tion 45A(c)(6). 

18 ‘‘(B) TRIBAL ORGANIZATION.—The term 

19 ‘tribal organization’ has the meaning given such 

20 term by section 4(l) of the Indian Self-Deter21 mination and Education Assistance Act. 

22 ‘‘(C) DEPENDENT.—The term ‘dependent’ 

23 has the meaning given such term by section 

24 152, determined without regard to subsections 

25 (b)(1), (b)(2), and (d)(1)(B) thereof. 


smartinez on DSK6TPTVN1PROD with BILLS
145 

•HR 3569 IH

1 ‘‘(5) DENIAL OF DOUBLE BENEFIT.—This sub2 section shall not apply to the amount of any quali3 fied Indian education benefit or qualified Indian cul4 tural benefit which is not includible in gross income 

5 of the beneficiary of such benefit by reason of any 

6 other provision of this title, or to the amount of any 

7 such benefit for which a deduction is allowed to such 

8 beneficiary under any other provision of this title.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 this section shall apply to amounts received after the date 

11 of the enactment of this Act. 

12 SEC. 203. TRIBAL EDUCATION POLICY ADVISORY GROUP. 

13 Section 1126 of the Education Amendments of 1978 

14 (25 U.S.C. 2006) is amended by adding at the end the 

15 following: 

16 ‘‘(h) TRIBAL EDUCATION POLICY ADVISORY

17 GROUP.— 

18 ‘‘(1) ESTABLISHMENT.—Not later than 120 

19 days after the date of enactment of this subsection, 

20 the Secretary, acting through the Assistant Sec21 retary for Indian Affairs, shall establish a Tribal 

22 Education Policy Advisory Group (referred to in this 

23 subsection as the ‘TEPAG’) to advise the Secretary 

24 and the Assistant Secretary on all policies, guide25 lines, programmatic issues, and budget development 


smartinez on DSK6TPTVN1PROD with BILLS
146 

•HR 3569 IH

1 for the school system funded by the Bureau of In2 dian Education. 

3 ‘‘(2) DUTIES.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 consult with the TEPAG prior to proposing any 

6 regulations, establishing or changing any poli7 cies, or submitting any budget proposal applica8 ble to the Bureau of Indian Education school 

9 system. 

10 ‘‘(B) RECOMMENDATIONS.—The Secretary 

11 shall include in the proposed budget developed 

12 annually for the Bureau of Indian Education 

13 any recommendations made by the TEPAG re14 sulting from the consultation under subpara15 graph (A). 

16 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—The 

17 consultation required by subparagraph (A) shall 

18 be in addition to and shall not replace the con19 sultation requirement of section 1131. 

20 ‘‘(3) COMPOSITION.— 

21 ‘‘(A) IN GENERAL.—The TEPAG shall be 

22 composed of 26 members, who shall be selected 

23 in accordance with subparagraphs (B) through 

24 (D). 

25 ‘‘(B) TRIBAL MEMBERS.— 


smartinez on DSK6TPTVN1PROD with BILLS
147 

•HR 3569 IH

1 ‘‘(i) IN GENERAL.—The TEPAG shall 

2 be composed of 22 elected or appointed 

3 tribal officials (or designated employees of 

4 the officials with authority to act on behalf 

5 of the officials), one from each education 

6 line office of the Bureau of Indian Edu7 cation, who shall act as principal members 

8 of the TEPAG. 

9 ‘‘(ii) SELECTION PROCESS.—The 

10 tribes and schools served by each education 

11 line office shall establish a process to select 

12 the principal member and alternate mem13 ber of that education line office to 

14 TEPAG. 

15 ‘‘(iii) ALTERNATES.—The alternate 

16 member of an education line office selected 

17 under clause (ii) may participate in 

18 TEPAG meetings in the absence of the 

19 principal member of that education line of20 fice. 

21 ‘‘(C) NATIONAL TRIBAL ORGANIZATION

22 MEMBER.—The Secretary shall appoint a prin23 cipal member and an alternate member to the 

24 TEPAG from among national organizations 

25 comprised of Indian tribes, who shall be elected 


smartinez on DSK6TPTVN1PROD with BILLS
148 

•HR 3569 IH

1 or appointed tribal officials (or designated em2 ployees of the officials with authority to act on 

3 behalf of the officials). 

4 ‘‘(D) FEDERAL MEMBERS.—The Secretary, 

5 the Assistant Secretary for Indian Affairs, and 

6 the Director of the Bureau of Indian Education 

7 shall be ex-officio members of the TEPAG. 

8 ‘‘(4) ADMINISTRATION.— 

9 ‘‘(A) MEETINGS.—The TEPAG shall meet 

10 in person not less than 3 times per fiscal year 

11 and may hold additional meetings by telephone 

12 conference call. 

13 ‘‘(B) PROTOCOLS.—The Secretary and the 

14 TEPAG shall jointly develop protocols for the 

15 operation and administration of TEPAG. 

16 ‘‘(C) NONAPPLICABILITY OF FACA.—The 

17 Federal Advisory Committee Act (5 U.S.C. 

18 App.) shall not apply to the TEPAG. 

19 ‘‘(D) SUPPORT.— 

20 ‘‘(i) IN GENERAL.—The Secretary 

21 shall be responsible for all costs associated 

22 with carrying out the functions of the 

23 TEPAG, including reimbursement for the 

24 travel, lodging, and per diem expenses of 

25 each principal or alternate TEPAG memVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
149 

•HR 3569 IH

1 ber selected under subparagraphs (B) and 

2 (C) of paragraph 3. 

3 ‘‘(ii) ADDITIONAL REQUEST.— 

4 ‘‘(I) IN GENERAL.—To facilitate 

5 the work of the TEPAG, the Sec6 retary may request additional funding 

7 in the annual budget submission of 

8 the Secretary to support technical and 

9 substantive assistance to the TEPAG. 

10 ‘‘(II) RECOMMENDATIONS.—If 

11 the Secretary requests additional 

12 funding under subclause (I), the Sec13 retary shall take into consideration 

14 the amount of funding requested by 

15 the TEPAG for technical and sub16 stantive assistance when making the 

17 additional funding request. 

18 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this subsection.’’. 

21 SEC. 204. DIVISION OF BUDGET ANALYSIS. 

22 Section 1129 of the Education Amendments of 1978 

23 (25 U.S.C. 2009) is amended— 

24 (1) in subsection (c)— 


smartinez on DSK6TPTVN1PROD with BILLS
150 

•HR 3569 IH

1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘Assistant Secretary for Indian Af3 fairs’’ and inserting ‘‘Secretary’’; 

4 (B) in paragraph (2), by striking ‘‘and’’ 

5 after the semicolon; 

6 (C) by redesignating paragraph (3) as 

7 paragraph (4); and 

8 (D) by inserting after paragraph (2) the 

9 following: 

10 ‘‘(3) a determination of the amount necessary 

11 to sustain academic and residential programs at Bu12 reau-funded schools, calculated pursuant to subpart 

13 H of part 39 of title 25, Code of Federal Regula14 tions (or successor regulations); and’’; and 

15 (2) in subsection (d), by striking ‘‘Assistant 

16 Secretary for Indian Affairs’’ and inserting ‘‘Sec17 retary’’. 

18 SEC. 205. QUALIFIED SCHOOL CONSTRUCTION BOND ES19 CROW ACCOUNT. 

20 Part B of title II of the Indian Self-Determination 

21 and Education Assistance Act (25 U.S.C. 458) is amended 

22 by adding at the end the following: 


smartinez on DSK6TPTVN1PROD with BILLS
151 

•HR 3569 IH

1 ‘‘SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED 

2 SCHOOL CONSTRUCTION BOND ESCROW AC3 COUNT. 

4 ‘‘(a) IN GENERAL.—Pursuant to the authority grant5 ed under section 54F(d)(4) of the Internal Revenue Code 

6 of 1986, the Secretary shall establish a qualified school 

7 construction bond escrow account for the purpose of im8 plementing section 54F of the Internal Revenue Code of 

9 1986. 

10 ‘‘(b) TRANSFER TO ESCROW ACCOUNT.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall allo12 cate to the escrow account described in subsection 

13 (a) amounts described in section 54F(d)(4) of the 

14 Internal Revenue Code of 1986. 

15 ‘‘(2) OTHER FUNDS.—The Secretary shall ac16 cept and disburse to the escrow account described in 

17 subsection (a) amounts received to carry out this 

18 section from other sources, including other Federal 

19 agencies, non-Federal public agencies, and private 

20 sources.’’. 

21 SEC. 206. EQUITY IN EDUCATIONAL LAND-GRANT STATUS 

22 ACT OF 1994. 

23 Section 532 of the Equity in Educational Land-Grant 

24 Status Act of 1994 (7 U.S.C. 301 note) is amended by— 

25 (1) redesignating paragraphs (15) through (34) 

26 as paragraphs (16) through (35), respectively; and 


smartinez on DSK6TPTVN1PROD with BILLS
152 

•HR 3569 IH

1 (2) by inserting after paragraph (14) the fol2 lowing: 

3 ‘‘(15) Keweenaw Bay Ojibwa Community Col4 lege.’’. 

5 SEC. 207. WORKFORCE INVESTMENT ACT OF 1998. 

6 Title II of the Workforce Investment Act of 1998 (20 

7 U.S.C. 9201 et seq.) is amended— 

8 (1) in section 203— 

9 (A) in paragraph (5)(D), by inserting ‘‘, 

10 including a Tribal College or University’’ after 

11 ‘‘education’’; 

12 (B) in paragraph (15), by amending sub13 paragraph (B) to read as follows: 

14 ‘‘(B) a Tribal College or University; or’’; 

15 (C) by redesignating paragraph (18) as 

16 paragraph (19); and 

17 (D) by inserting after paragraph (17) the 

18 following: 

19 ‘‘(18) TRIBAL COLLEGE OR UNIVERSITY.—The 

20 term ‘Tribal College or University’ has the meaning 

21 given the term in section 316(b) of the Higher Edu22 cation Act of 1965.’’; 

23 (2) in section 211(a)— 

24 (A) in paragraph (2), by striking ‘‘; and’’ 

25 and inserting a semicolon; 


smartinez on DSK6TPTVN1PROD with BILLS
153 

•HR 3569 IH

1 (B) in paragraph (3), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(4) shall reserve 1.5 percent to carry out sec5 tion 244, except that the amount so reserved shall 

6 not exceed $8,000,000.’’; and 

7 (3) by inserting after section 243 the following: 

8 ‘‘SEC. 244. AMERICAN INDIAN TRIBAL COLLEGE OR UNI9 VERSITY ADULT EDUCATION AND LITERACY 

10 PROGRAM. 

11 ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Sec12 retary shall establish and carry out an American Indian 

13 Tribal College and University Adult Education and Lit14 eracy Grant Program to enable Tribal Colleges or Univer15 sities to develop and implement innovative, effective, and 

16 replicable programs designed to enhance life skills and 

17 transition individuals to employability and postsecondary 

18 education and to provide technical assistance to such insti19 tutions for program administration. 

20 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

21 under this section, a Tribal College or University shall 

22 submit to the Secretary an application at such time and 

23 in such manner as the Secretary may reasonably require. 

24 The Secretary shall, to the extent practicable, prescribe 

25 a simplified and streamlined format for such applications 


smartinez on DSK6TPTVN1PROD with BILLS
154 

•HR 3569 IH

1 that takes into account the limited number of institutions 

2 that are eligible for assistance under this section. 

3 ‘‘(c) ELIGIBLE ACTIVITIES.—Activities that may be 

4 carried out under a grant awarded under this section in5 clude— 

6 ‘‘(1) adult education and literacy services, in7 cluding workplace literacy services; 

8 ‘‘(2) family literacy services; 

9 ‘‘(3) English literacy programs, including lim10 ited English proficiency programs; 

11 ‘‘(4) civil engagement and community participa12 tion, including U.S. citizenship skills; 

13 ‘‘(5) opportunities for American Indians and 

14 Alaska Natives to qualify for a secondary school di15 ploma, or its recognized equivalent; and 

16 ‘‘(6) demonstration and research projects and 

17 professional development activities designed to de18 velop and identify the most successful methods and 

19 techniques for addressing the educational needs of 

20 American Indian adults. 

21 ‘‘(d) GRANTS AND CONTRACTS.—Funding shall be 

22 awarded under this section to Tribal Colleges or Univer23 sities on a competitive basis through grants, contracts, or 

24 cooperative agreements of not less than 3 years in dura25 tion. 


smartinez on DSK6TPTVN1PROD with BILLS
155 

•HR 3569 IH

1 ‘‘(e) CONSIDERATION AND INCLUSION.—In making 

2 awards under this section, the Secretary may take into 

3 account the considerations set forth in section 231(e). In 

4 no case shall the Secretary make an award to a Tribal 

5 College or University that does not include in its applica6 tion a description of a multiyear strategy, including per7 formance measures, for increasing the number of adult 

8 American Indian or Alaska Natives that attain a sec9 ondary diploma or recognized equivalent.’’. 

10 SEC. 208. TECHNICAL AMENDMENTS TO TRIBALLY CON11 TROLLED SCHOOLS ACT OF 1988. 

12 (a) GRANTS AUTHORIZED.—Section 5203(b)(3) of 

13 the Tribally Controlled Schools Act of 1988 (25 U.S.C. 

14 2502(b)(3)) is amended— 

15 (1) by striking ‘‘as defined in section 

16 1128(h)(1)’’ and inserting ‘‘as defined in section 

17 1128(a)(1)’’; and 

18 (2) by striking ‘‘under section 1128 of such’’ 

19 and inserting ‘‘under section 1128(c) of that’’. 

20 (b) AMENDMENTS TO GRANTS.—Section 5203 of the 

21 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2502) 

22 is amended by adding at the end the following: 

23 ‘‘(h) AMENDMENTS TO GRANTS.— 

24 ‘‘(1) IN GENERAL.—At the request of the school 

25 board of a tribally controlled school, the Secretary 


smartinez on DSK6TPTVN1PROD with BILLS
156 

•HR 3569 IH

1 shall approve a request to amend a grant issued to 

2 that school board under this part unless the Sec3 retary, not later than 90 days after the date of re4 ceipt of the request, provides written notification to 

5 the school board that contains a specific finding that 

6 clearly demonstrates, or is supported by a control7 ling legal authority, that— 

8 ‘‘(A) the services to be rendered to the eli9 gible Indian students under the proposed 

10 amendment to the grant do not meet the re11 quirements of this part; 

12 ‘‘(B) adequate protection of trust resources 

13 is not assured; 

14 ‘‘(C) the grant or the proposed amendment 

15 to the grant cannot be properly completed or 

16 maintained; 

17 ‘‘(D) the amount of funds proposed under 

18 the amendment is in excess of the applicable 

19 funding level for the grant, as determined under 

20 section 5204; or 

21 ‘‘(E) the program, function, service, or ac22 tivity (or portion of the program, function, serv23 ice, or activity) that is the subject of the pro24 posed amendment is beyond the scope of pro25 grams, functions, services, or activities covered 


smartinez on DSK6TPTVN1PROD with BILLS
157 

•HR 3569 IH

1 under this part because the proposed amend2 ment includes activities that cannot lawfully be 

3 carried out by the grantee. 

4 ‘‘(2) APPEALS.—The Secretary shall provide 

5 the school board of a tribally controlled school with 

6 a hearing on the record in the same manner as pro7 vided under section 102 of the Indian Self-Deter8 mination and Education Assistance Act (25 U.S.C. 

9 450f).’’. 

10 (c) COMPOSITION OF GRANTS.—Section 5204(b) of 

11 the Tribally Controlled Schools Act of 1988 (25 U.S.C. 

12 2503(b)) is amended— 

13 (1) in paragraph (4)(B)(iv), by striking ‘‘sec14 tion 5209(e)’’ and inserting ‘‘section 5208(e)’’; and 

15 (2) in paragraph (5)(B), by striking ‘‘section 

16 5209(e)’’ and inserting ‘‘section 5208(e)’’. 

17 (d) DURATION OF ELIGIBILITY DETERMINATION.— 

18 Section 5206(c) of the Tribally Controlled Schools Act of 

19 1988 (25 U.S.C. 2505(c)) is amended— 

20 (1) in paragraph (2), by striking ‘‘section 

21 5206(b)(1)(A)’’ and inserting ‘‘section 

22 5205(b)(1)(A)’’; and 

23 (2) in paragraph (4)(A), by striking ‘‘section 

24 5206(f)(1)(C)’’ and inserting ‘‘section 

25 5205(f)(1)(C)’’. 


smartinez on DSK6TPTVN1PROD with BILLS
158 

•HR 3569 IH

1 TITLE III—ADDITIONAL 

2 EDUCATION PROVISIONS 

3 SEC. 301. NATIVE AMERICAN STUDENT SUPPORT. 

4 (a) SUPPORT.—The Secretary of Education shall ex5 pand programs for Native American school children— 

6 (1) to provide support for learning in their Na7 tive language and culture; and 

8 (2) to provide English language instruction. 

9 (b) RESEARCH.—The Secretary of Education shall 

10 conduct research on culture- and language-based edu11 cation to identify the factors that improve education and 

12 health outcomes. 

13 SEC. 302. ENSURING THE SURVIVAL AND CONTINUING VI14 TALITY OF NATIVE AMERICAN LANGUAGES. 

15 (a) DEFINITIONS.—In this section: 

16 (1) DIRECTOR.—The term ‘‘Director’’ means 

17 the Director of the Bureau of Indian Education. 

18 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means any agency or organization that is eligible 

20 for financial assistance under section 803(a) of the 

21 Native American Programs Act of 1974 (42 U.S.C. 

22 2991b(a)). 

23 (3) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of the Interior, acting through the Di25 rector. 


smartinez on DSK6TPTVN1PROD with BILLS
159 

•HR 3569 IH

1 (b) ESTABLISHMENT OF GRANT PROGRAM.—The 

2 Secretary shall establish a program to provide eligible enti3 ties with grants for the purpose of assisting Native Ameri4 cans to ensure the survival and continuing vitality of Na5 tive American languages. 

6 (c) USE OF AMOUNTS.— 

7 (1) IN GENERAL.—An eligible entity may use 

8 amounts received under this section to carry out ac9 tivities that ensure the survival and continuing vital10 ity of Native American languages, including— 

11 (A) the establishment and support of com12 munity Native American language projects de13 signed to bring older and younger Native Amer14 icans together to facilitate and encourage the 

15 transfer of Native American language skills 

16 from one generation to another; 

17 (B) the establishment of projects that train 

18 Native Americans to— 

19 (i) teach a Native American language 

20 to others; or 

21 (ii) serve as interpreters or translators 

22 of a Native American language; 

23 (C) the development, printing, and dis24 semination of materials to be used for the 


smartinez on DSK6TPTVN1PROD with BILLS
160 

•HR 3569 IH

1 teaching and enhancement of a Native Amer2 ican language; 

3 (D) the establishment or support of a 

4 project to train Native Americans to produce or 

5 participate in television or radio programs to be 

6 broadcast in a Native American language; 

7 (E) the compilation, transcription, and 

8 analysis of oral testimony to record and pre9 serve a Native American language; 

10 (F) the purchase of equipment, including 

11 audio and video recording equipment, com12 puters, and software, required to carry out a 

13 Native American language project; and 

14 (G)(i) the establishment of Native Amer15 ican language nests, which are site-based edu16 cational programs that— 

17 (I) provide instruction and child care 

18 through the use of a Native American lan19 guage for at least 10 children under the 

20 age of 7 for an average of at least 500 

21 hours per year per student; 

22 (II) provide classes in a Native Amer23 ican language for parents (or legal guard24 ians) of students enrolled in a Native 


smartinez on DSK6TPTVN1PROD with BILLS
161 

•HR 3569 IH

1 American language nest (including Native 

2 American language-speaking parents); and 

3 (III) ensure that a Native American 

4 language is the dominant medium of in5 struction in the Native American language 

6 nest; 

7 (ii) the establishment of Native American 

8 language survival schools, which are site-based 

9 educational programs for school-age students 

10 that— 

11 (I) provide an average of at least 500 

12 hours of instruction through the use of 1 

13 or more Native American languages for at 

14 least 15 students for whom a Native Amer15 ican language survival school is the prin16 cipal place of instruction; 

17 (II) develop instructional courses and 

18 materials for learning Native American 

19 languages and for instruction through the 

20 use of Native American languages; 

21 (III) provide for teacher training; 

22 (IV) work toward a goal of all stu23 dents achieving— 

24 (aa) fluency in a Native Amer25 ican language; and 


smartinez on DSK6TPTVN1PROD with BILLS
162 

•HR 3569 IH

1 (bb) academic proficiency in 

2 mathematics, reading (or language 

3 arts), and science; and 

4 (V) are located in areas that have 

5 high numbers or percentages of Native 

6 American students; and 

7 (iii) the establishment of Native American 

8 language restoration programs, which are edu9 cational programs that— 

10 (I) operate at least 1 Native American 

11 language program for the community 

12 which the educational program serves; 

13 (II) provide training programs for 

14 teachers of Native American languages; 

15 (III) develop instructional materials 

16 for the Native American language restora17 tion programs; 

18 (IV) work toward a goal of increasing 

19 proficiency and fluency in at least 1 Native 

20 American language; and 

21 (V) provide instruction in at least 1 

22 Native American language. 

23 (2) NATIVE AMERICAN LANGUAGE RESTORA24 TION PROGRAMS.—An eligible entity carrying out a 

25 program described in paragraph (1)(G)(iii) may use 


smartinez on DSK6TPTVN1PROD with BILLS
163 

•HR 3569 IH

1 amounts made available under this section to carry 

2 out— 

3 (A) Native American language programs, 

4 including— 

5 (i) Native American language immer6 sion programs; 

7 (ii) Native American language and 

8 culture camps; 

9 (iii) Native American language pro10 grams provided in coordination and co11 operation with educational entities; 

12 (iv) Native American language pro13 grams provided in coordination and co14 operation with local institutions of higher 

15 education; 

16 (v) Native American language pro17 grams that use a master-apprentice model 

18 of learning languages; and 

19 (vi) Native American language pro20 grams provided through a regional pro21 gram to better serve geographically dis22 persed students; 

23 (B) Native American language teacher 

24 training programs, including— 


smartinez on DSK6TPTVN1PROD with BILLS
164 

•HR 3569 IH

1 (i) training programs in Native Amer2 ican language translation for fluent speak3 ers; 

4 (ii) training programs for Native 

5 American language teachers; and 

6 (iii) training programs for teachers in 

7 the use of Native American language mate8 rials, tools, and interactive media to teach 

9 Native American language; and 

10 (C) the development of Native American 

11 language materials, including books, audio and 

12 visual tools, and interactive media programs. 

13 (d) APPLICATIONS.— 

14 (1) IN GENERAL.—Subject to paragraph (2), in 

15 awarding a grant under this section, the Secretary 

16 shall select applicants from among eligible entities 

17 on the basis of applications submitted to the Sec18 retary at such time, in such form, and containing 

19 such information as the Secretary requires. 

20 (2) REQUIREMENTS.—An application under 

21 paragraph (1) shall include, at a minimum— 

22 (A) a detailed description of the current 

23 status of the Native American language to be 

24 addressed by the project for which a grant is 

25 requested, including a description of existing 


smartinez on DSK6TPTVN1PROD with BILLS
165 

•HR 3569 IH

1 programs and projects, if any, in support of 

2 that language; 

3 (B) a detailed description of the project for 

4 which the grant is requested; 

5 (C) a statement that the objectives of the 

6 project are in accordance with the purposes of 

7 this section; 

8 (D) a detailed description of the plan of 

9 the applicant to evaluate the project; 

10 (E) if appropriate, an identification of op11 portunities for the replication or modification of 

12 the project for use by other Native Americans; 

13 (F) a plan for the preservation of the prod14 ucts of the Native American language project 

15 for the benefit of future generations of Native 

16 Americans and other interested persons; and 

17 (G) in the case of an application for a 

18 grant to carry out any purpose specified in sub19 section (c)(1)(G)(iii), a certification by the ap20 plicant that the applicant has not less than 3 

21 years of experience in operating and admin22 istering a Native American language survival 

23 school, a Native American language nest, or 

24 any other educational program in which inVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
166 

•HR 3569 IH

1 struction is conducted in a Native American 

2 language. 

3 (3) PARTICIPATING ORGANIZATIONS.—If an ap4 plicant determines that the objectives of a proposed 

5 Native American language project would be accom6 plished more effectively through a partnership with 

7 an educational entity, the applicant shall identify the 

8 educational entity as a participating organization in 

9 the application. 

10 (e) LIMITATIONS ON FUNDING.— 

11 (1) FEDERAL SHARE.—The Federal share of 

12 the total cost of a program under this section shall 

13 not exceed 80 percent. 

14 (2) NON-FEDERAL SHARE.— 

15 (A) IN GENERAL.—The non-Federal share 

16 of the cost of a program under this section may 

17 be provided in cash or fairly evaluated in-kind 

18 contributions, including facilities, equipment, or 

19 services. 

20 (B) SOURCE OF NON-FEDERAL SHARE.— 

21 The non-Federal share— 

22 (i) may be provided from any private 

23 or non-Federal source; and 

24 (ii) may include amounts (including 

25 interest) distributed to an Indian tribe— 


smartinez on DSK6TPTVN1PROD with BILLS
167 

•HR 3569 IH

1 (I) by the Federal Government 

2 pursuant to the satisfaction of a claim 

3 made under Federal law; 

4 (II) from amounts collected and 

5 administered by the Federal Govern6 ment on behalf of an Indian tribe or 

7 the members of an Indian tribe; or 

8 (III) by the Federal Government 

9 for general tribal administration or 

10 tribal development under a formula or 

11 subject to a tribal budgeting priority 

12 system, including— 

13 (aa) amounts involved in the 

14 settlement of land or other judg15 ment claims; 

16 (bb) severance or other roy17 alty payments; or 

18 (cc) payments under the In19 dian Self-Determination Act (25 

20 U.S.C. 450f et seq.) or a tribal 

21 budget priority system. 

22 (3) DURATION.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary may make grants 


smartinez on DSK6TPTVN1PROD with BILLS
168 

•HR 3569 IH

1 made under this section on a 1-year, 2-year, or 

2 3-year basis. 

3 (B) NATIVE AMERICAN LANGUAGE RES4 TORATION PROGRAM.—The Secretary shall only 

5 make a grant available under subsection 

6 (c)(1)(G)(iii) on a 3-year basis. 

7 (f) ADMINISTRATION.— 

8 (1) IN GENERAL.—The Secretary shall carry 

9 out this section through the Bureau of Indian Edu10 cation. 

11 (2) EXPERT PANEL.— 

12 (A) IN GENERAL.—Not later than 180 

13 days after date of enactment of this section, the 

14 Secretary shall appoint a panel of experts for 

15 the purpose of assisting the Secretary to re16 view— 

17 (i) applications submitted under sub18 section (d); 

19 (ii) evaluations carried out to comply 

20 with subsection (d)(2)(C); and 

21 (iii) the preservation of products re22 quired by subsection (d)(2)(F). 

23 (B) COMPOSITION.— 

24 (i) IN GENERAL.—The panel shall in25 clude— 


smartinez on DSK6TPTVN1PROD with BILLS
169 

•HR 3569 IH

1 (I) a designee of the Institute of 

2 American Indian and Alaska Native 

3 Culture and Arts Development; 

4 (II) representatives of national, 

5 tribal, and regional organizations that 

6 focus on Native American language or 

7 Native American cultural research, 

8 development, or training; and 

9 (III) other individuals who are 

10 recognized as experts in the area of 

11 Native American language. 

12 (ii) RECOMMENDATIONS.—Rec13 ommendations for appointments to the 

14 panel shall be solicited from Indian tribes 

15 and tribal organizations. 

16 (C) DUTIES.—The duties of the panel shall 

17 include— 

18 (i) making recommendations regard19 ing the development and implementation of 

20 regulations, policies, procedures, and rules 

21 of general applicability with respect to the 

22 administration of this section; 

23 (ii) reviewing applications received 

24 under subsection (d); 


smartinez on DSK6TPTVN1PROD with BILLS
170 

•HR 3569 IH

1 (iii) providing to the Secretary a list 

2 of recommendations for the approval of ap3 plications in accordance with— 

4 (I) regulations issued by the Sec5 retary; and 

6 (II) the relative need for the 

7 project; and 

8 (iv) reviewing evaluations submitted 

9 to comply with subsection (d)(2)(C). 

10 (3) PRODUCTS GENERATED BY PROJECTS.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), for preservation and use in accord13 ance with the responsibilities of the respective 

14 organization under Federal law, a copy of any 

15 product of a Native American language project 

16 for which a grant is made under this section— 

17 (i) shall be transmitted to the Insti18 tute of American Indian and Alaska Native 

19 Culture and Arts Development; and 

20 (ii) may be transmitted, at the discre21 tion of the grantee, to national and re22 gional repositories of similar material. 

23 (B) EXEMPTION.— 

24 (i) IN GENERAL.—In accordance with 

25 the Federal recognition of the sovereign 


smartinez on DSK6TPTVN1PROD with BILLS
171 

•HR 3569 IH

1 authority of each Indian tribe over all as2 pects of the culture and language of that 

3 Indian tribe and subject to clause (ii), an 

4 Indian tribe may make a determination— 

5 (I) not to transmit a copy of a 

6 product under subparagraph (A); 

7 (II) not to permit the redistribu8 tion of a copy of a product trans9 mitted under subparagraph (A); or 

10 (III) to restrict in any manner 

11 the use or redistribution of a copy of 

12 a product transmitted under subpara13 graph (A). 

14 (ii) RESTRICTIONS.—Clause (i) does 

15 not authorize an Indian tribe— 

16 (I) to limit the access of the Sec17 retary to a product described in sub18 paragraph (A) for purposes of admin19 istering this section or evaluating the 

20 product; or 

21 (II) to sell a product described in 

22 subparagraph (A), or a copy of that 

23 product, for profit to the entities re24 ferred to in subparagraph (A). 


smartinez on DSK6TPTVN1PROD with BILLS
172 

•HR 3569 IH

1 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 such sums as are necessary for each of fiscal years 2013 

4 through 2018. 

5 (h) REPEAL; CONFORMING AMENDMENTS.— 

6 (1) REPEAL.—Section 803C of the Native 

7 American Programs Act of 1974 (42 U.S.C. 2991b– 

8 3) is repealed. 

9 (2) CONFORMING AMENDMENTS.—Section 816 

10 of the Native American Programs Act of 1974 (42 

11 U.S.C. 2992d) is amended— 

12 (A) in subsection (a), by striking ‘‘sections 

13 803(d), 803A, 803C, 804, subsection (e) of this 

14 section’’ and inserting ‘‘sections 803(d), 803A, 

15 and 804, subsection (d)’’; 

16 (B) in subsection (b), by striking ‘‘other 

17 than sections 803(d), 803A, 803C, 804, sub18 section (e) of this section’’ and inserting ‘‘sec19 tions 803(d), 803A, and 804, subsection (d)’’; 

20 and 

21 (C) by striking subsection (e). 

22 SEC. 303. IN-SCHOOL FACILITY INNOVATION PROGRAM 

23 CONTEST. 

24 (a) IN GENERAL.—The Secretary of the Interior 

25 shall— 


smartinez on DSK6TPTVN1PROD with BILLS
173 

•HR 3569 IH

1 (1) establish an in-school facility innovation 

2 program contest in which institutions of higher edu3 cation, including a Tribal College or University (as 

4 defined in section 316 of the Higher Education Act 

5 of 1965 (20 U.S.C. 1059c)), are encouraged to con6 sider solving the problem of how to improve school 

7 facilities for tribal schools and schools served by the 

8 Bureau of Indian Education for problem-based 

9 learning in their coursework and through extra10 curricular opportunities; and 

11 (2) establish an advisory group for the contest 

12 described in paragraph (1) that shall include stu13 dents enrolled at a Tribal College or University, a 

14 representative from the Bureau of Indian Education, 

15 and engineering and fiscal advisors. 

16 (b) SUBMISSION OF FINALISTS TO THE INDIAN AF17 FAIRS COMMITTEE.—The Secretary of the Interior shall 

18 submit the finalists to the Committee on Indian Affairs 

19 of the Senate. 

20 (c) WINNERS.—The Secretary of the Interior shall— 

21 (1) determine the winners of the program con22 test conducted under this section; and 

23 (2) award the winners appropriate recognition 

24 and reward. 


smartinez on DSK6TPTVN1PROD with BILLS
174 

•HR 3569 IH

1 SEC. 304. RETROCESSION OR REASSUMPTION OF CERTAIN 

2 SCHOOL FUNDS. 

3 Notwithstanding any other provision of law, begin4 ning July 1, 2008, any funds (including investments and 

5 interest earned, except for construction funds) held by a 

6 Public Law 100–297 grant or a Public Law 93–638 con7 tract school shall, upon retrocession to or reassumption 

8 by the Bureau of Indian Education, remain available to 

9 the Bureau for a period of 5 years from the date of ret10 rocession or reassumption for the benefit of the programs 

11 approved for the school on October 1, 1995. 

12 SEC. 305. DEPARTMENT OF THE INTERIOR AND DEPART13 MENT OF EDUCATION JOINT OVERSIGHT 

14 BOARD. 

15 (a) IN GENERAL.—The Secretary of Education and 

16 the Secretary of the Interior shall jointly establish a De17 partment of the Interior and Department of Education 

18 Joint Oversight Board, that shall— 

19 (1) be co-chaired by both Departments; and 

20 (2) coordinate technical assistance, resource 

21 distribution, and capacity building between the 2 de22 partments on the education of and for Native Amer23 ican students. 

24 (b) INFORMATION TO BE SHARED.—The Joint Over25 sight Board shall facilitate the communication, collabora26 tion, and coordination between the 2 departments of eduVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
175 

•HR 3569 IH

1 cation policies, access to and eligibility for Federal re2 sources, and budget and school leadership development, 

3 and other issues, as appropriate. 

4 SEC. 306. FEASIBILITY STUDY TO TRANSFER BUREAU OF 

5 INDIAN EDUCATION TO DEPARTMENT OF 

6 EDUCATION. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this section, the Government Ac9 countability Office shall carry out a study that examines 

10 the feasibility of transferring the Bureau of Indian Edu11 cation from the Department of the Interior to the Depart12 ment of Education. 

13 (b) CONTENTS.—The study shall include an assess14 ment of the impacts of a transfer described in subsection 

15 (a) on— 

16 (1) affected students; 

17 (2) affected faculty, staff, and other employees; 

18 (3) the organizational and operating structure 

19 of the Bureau of Indian Education; 

20 (4) applicable Federal laws, including laws re21 lating to Indian preference; and 

22 (5) intergovernmental agreements. 

23 SEC. 307. TRIBAL SELF-GOVERNANCE FEASIBILITY STUDY. 

24 (a) STUDY.—The Secretary of Education shall con25 duct a study to determine the feasibility of entering into 


smartinez on DSK6TPTVN1PROD with BILLS
176 

•HR 3569 IH

1 self-governance compacts and contracts with Indian tribal 

2 governments who wish to operate public schools that re3 side within their lands. 

4 (b) CONSIDERATIONS.—In conducting the study de5 scribed in subsection (a), the Secretary of Education shall 

6 consider the feasibility of— 

7 (1) assigning and paying to an Indian tribe all 

8 expenditures for the provision of services and related 

9 administration funds that the Secretary would other10 wise pay to a State educational agency and a local 

11 educational agency for 1 or more public schools lo12 cated on the Indian lands of such Indian tribe; 

13 (2) providing assistance to Indian tribes in de14 veloping capacity to administer all programs and 

15 services that are currently under the jurisdiction of 

16 the State educational agency or local educational 

17 agency; and 

18 (3) authorizing the Secretary to treat an Indian 

19 tribe as a State for the purposes of carrying out pro20 grams and services funded by the Secretary that are 

21 currently under the jurisdiction of the State. 

22 (c) REPORT.—Not later than 2 years after the date 

23 of the enactment of this Act, the Secretary of Education 

24 shall submit, to the Committee on Indian Affairs and the 

25 Committee on Health, Education, Labor and Pensions of 


smartinez on DSK6TPTVN1PROD with BILLS
177 

•HR 3569 IH

1 the Senate and the Education and the Workforce Com2 mittee of the House of Representatives, a report that in3 cludes— 

4 (1) the results of the study conducted under 

5 subsection (a); 

6 (2) a summary of any consultation that oc7 curred between the Secretary and Indian tribes in 

8 conducting this study; 

9 (3) projected costs and savings associated with 

10 the Department of Education entering into self-gov11 ernance contracts and compacts with Indian tribes, 

12 and any estimated impact on programs and services 

13 described in paragraphs (2) and (3) of subsection 

14 (a) in relation to probable costs and savings; and 

15 (4) legislative actions that would be required to 

16 authorize the Secretary to enter into self-governance 

17 compacts and contracts with Indian tribes to provide 

18 such programs and services. 

19 (d) DEFINITIONS.—In this section: 

20 (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

21 means any Indian tribe, band, nation, other orga22 nized group or community, including any Native vil23 lage or Regional Corporation or Village Corporation 

24 as defined in or established pursuant to the Alaska 

25 Native Claims Settlement Act, that is recognized as 


smartinez on DSK6TPTVN1PROD with BILLS
178 

•HR 3569 IH

1 eligible for the special programs and services pro2 vided by the United States to Indians because of 

3 their status as Indians. 

4 (2) INDIAN LANDS.—The term ‘‘Indian lands’’ 

5 has the meaning given that term in section 8013 of 

6 the Elementary and Secondary Education Act of 

7 1965 (20 U.S.C. 7713). 

8 SEC. 308. ESTABLISHMENT OF CENTER FOR INDIGENOUS 

9 EXCELLENCE. 

10 (a) DEFINITIONS.—In this section: 

11 (1) INSTITUTION OF HIGHER EDUCATION.—The 

12 term ‘‘institution of higher education’’ shall have the 

13 meaning given such term in section 101 of the High14 er Education Act of 1965 (20 U.S.C. 1001). 

15 (2) NATIVE AMERICAN AND NATIVE AMERICAN

16 LANGUAGE.—The terms ‘‘Native American’’ and 

17 ‘‘Native American language’’ shall have the mean18 ings given such terms in section 103 of the Native 

19 American Languages Act (25 U.S.C. 2902). 

20 (3) NATIVE AMERICAN LANGUAGE NESTS AND

21 SURVIVAL SCHOOLS.—The terms ‘‘Native American 

22 language nest’’ and ‘‘Native American language sur23 vival school’’ shall have the meanings given such 

24 terms in section 803C(b)(7) of the Native American 

25 Programs Act of 1974 (42 U.S.C. 2991b–3). 


smartinez on DSK6TPTVN1PROD with BILLS
179 

•HR 3569 IH

1 (4) NATIVE HAWAIIAN OR NATIVE AMERICAN

2 PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL

3 ORGANIZATION.—The term ‘‘Native Hawaiian or 

4 Native American Pacific Islander native language 

5 educational organization’’ shall have the meaning 

6 given such term in section 3301 of the Elementary 

7 and Secondary Education Act of 1965 (20 U.S.C. 

8 7011). 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Education. 

11 (6) STEM.—The term ‘‘STEM’’ means a 

12 science, technology, engineering, and mathematics 

13 program. 

14 (7) TRIBALLY SANCTIONED EDUCATIONAL AU15 THORITY.—The term ‘‘tribally sanctioned edu16 cational authority’’ shall have the meaning given 

17 such term in section 3301 of the Elementary and 

18 Secondary Education Act of 1965 (20 U.S.C. 7011). 

19 (b) IN GENERAL.—There shall be established a Cen20 ter for Indigenous Excellence to— 

21 (1) support Native American governments, com22 munities, schools, and programs in the development 

23 and demonstration of Native American language and 

24 culture-based education from the preschool to grad25 uate education levels as appropriate for their distincVerDate Mar 15 2010 04:01 Dec 07, 2011 Jkt 019200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H3569.IH H3569

smartinez on DSK6TPTVN1PROD with BILLS
180 

•HR 3569 IH

1 tive populations, circumstances, visions, and holistic 

2 approaches for the benefit of the entire community; 

3 (2) provide direction to Federal, State, and 

4 local government entities relative to Native American 

5 language and culture-based education; 

6 (3) demonstrate nationally and internationally 

7 recognized educational best practices through inte8 grated programming in Native American language 

9 and culture-based education from the preschool to 

10 graduate education levels that benefits the entire 

11 specific indigenous group regardless of its geo12 graphic dispersal, including— 

13 (A) teacher certification; 

14 (B) curriculum and materials development; 

15 (C) distance education support; 

16 (D) research; and 

17 (E) holistic approaches; 

18 (4) serve as an alternative pathway of choice 

19 for meeting federally mandated academic assess20 ments, teacher qualifications, and curriculum design 

21 for Native American language nests and Native 

22 American language survival schools; and 

23 (5) serve as a coordinating entity and deposi24 tory for federally funded research into Native Amer25 ican language and culture-based education including 


smartinez on DSK6TPTVN1PROD with BILLS
181 

•HR 3569 IH

1 STEM applications that will address workforce 

2 needs of Native American communities. 

3 (c) ELIGIBLE ENTITIES.—For the purpose of deter4 mining the site of the Center for Indigenous Excellence, 

5 the Secretary shall consider the following to be an eligible 

6 entity: 

7 (1) A tribally sanctioned educational authority. 

8 (2) A Native American language college. 

9 (3) A Native Hawaiian or Native American Pa10 cific Islander native language educational organiza11 tion. 

12 (4) An institution of higher education with a 

13 commitment to serve Native American communities. 

14 (5) A local educational agency with a commit15 ment to serve Native American communities. 

16 (d) CRITERIA FOR SELECTION.—The Secretary shall 

17 determine the site of the Center for Indigenous Excellence 

18 based on— 

19 (1) a record of excellence, on a national and 

20 international level, with regard to Native American 

21 language and culture-based education; 

22 (2) a high representation of Native Americans 

23 among its personnel; 


smartinez on DSK6TPTVN1PROD with BILLS
182 

•HR 3569 IH

1 (3) a high representation of speakers of 1 or 

2 more Native American languages among its per3 sonnel; and 

4 (4) a location in a community with a high rep5 resentation of Native Americans. 

6 (e) ESTABLISHMENT OF PARTNERSHIPS AND CON7 SORTIA.— 

8 (1) IN GENERAL.—Once established, the Center 

9 for Indigenous Excellence may develop partnerships 

10 or consortia with other entities throughout the 

11 United States with expertise appropriate to the mis12 sion of the Center and include such entities in its 

13 work. 

14 (2) ASSISTANCE TO PARTNERS.—The Center 

15 shall provide assistance to partners, to the extent 

16 practicable, in curriculum development, technology 

17 development, teacher and staff training, research, 

18 and sustaining Native American language nests, Na19 tive American survival schools, and Native American 

20 language schools. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS