29–010 

1Worthington Chauncey Ford, ed., Journals of the Continental Congress, 1774–1789, Vol. II, 

1775, May 10–September 20 (Washington: GPO, 1905), pp. 176–177. Congress’s stated intent 

was to keep the students from returning to their homes in British Canada. 

Calendar No. 574 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–262 

PROVIDING A COMPREHENSIVE FRAMEWORK TO IMPROVE NATIVE AMERICAN EDUCATION—ONE THAT INCORPORATES A WIDE RANGE OF 

STRATEGIES TO STRENGTHEN LANGUAGE AND CULTURE EDUCATION, 

LOCAL ACCESS AND CONTROL, AND TEACHER TRAINING AND RECRUITMENT 

DECEMBER 21, 2012.—Ordered to be printed 

Mr. AKAKA, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 1262] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 1262) to improve Indian education, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill (as amended) do pass. 

PURPOSE

The purpose of S. 1262 is to provide a comprehensive framework 

to improve Native American education—one that incorporates a 

wide range of strategies to strengthen language and culture education, local access and control, and teacher training and recruitment. 

BACKGROUND AND HISTORY

The U.S. has had a longstanding involvement in the education of 

Native peoples. In 1775, The Continental Congress appropriated 

funds to pay expenses of 10 Indian students at Dartmouth College.1

From the Revolution until after the Civil War, the federal government provided for Indian education either by directly funding 

teachers or schools on a tribe-by-tribe basis pursuant to treaty provisions or by funding religious and other charitable groups to establish schools where they saw fit. The first Indian treaty providing 

for any form of education for a tribe—in this case, vocational—was 


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2Treaty with the Oneida, Etc., Art. III, December 2, 1794, 7 Stat. 47, 48. The United States 

agreed not only to construct gristmills and sawmills for the Oneida, Tuscarora, and Stockbridge 

tribes but also to send persons to instruct the tribes in their use. See also Alice C. Fletcher, 

Indian Education and Civilization, U.S. Bureau of Education Special Report, Sen. Ex. Doc. 95, 

48th Cong., 2nd sess. (Washington: GPO, 1888), p. 162. 3Treaty with the Kaskaskia, Art. 3d, August 13, 1803, 7 Stat. 78, 79. 

4 Nell Jessup Newton, ed.-in-chief, Cohen’s Handbook of Federal Indian Law 2005 Edition 

(Newark, NJ: LexisNexis Matthew Bender, 2005), p. 1356. Congress ended treaty-making with 

Indian tribes in 1871. 5Sec. 9, Act of March 1, 1793, Chap. 19, 2nd Cong., 2nd sess., 1 Stat. 329, 331. As civilizing 

factors, the section specifically authorizes domestic animals, farming equipment, goods, money, 

and resident agents, but not teachers or schools. 6 Act of March 3, 1819, Chap. 85, 15th Cong., 2nd sess., 3 Stat. 516. Previous appropriations 

for Indian affairs would have funded education only for children of tribes that signed treaties 

providing for education. 7Fletcher, Indian Education and Civilization, p. 197. 8The Bureau of Indian Affairs (BIA), which housed the former Office of Indian Education Programs (OIEP), was responsible for Indian education programs. In 2006, the Secretary of the Interior moved the OIEP out of the BIA and made it an agency equivalent to the BIA, renaming 

it the Bureau of Indian Education (BIE). Both bureaus are under the Assistant Secretary—Indian Affairs. For the purposes of this Committee report, BIA and BIE will be used interchangeably. 9Szasz, Margaret Connell, and Ryan, Carmelita, ‘‘American Indian Education,’’ in Wilcomb E. 

Washburn, vol. ed., Handbook of North American Indians, Vol. 4, Indian-White Relations (Washington: Smithsonian, 1988), p. 290. 10The Board of Commissioners was created by the April 10, 1869, act (16 Stat. 40). 11Fletcher, Indian Education and Civilization, p. 167. 12 An Act Making Appropriations for the Current and Contingent Expenses of the Indian Department . . ., Act of July 15, 1870, Chap. 296, 41st Cong., 2nd sess., 16 Stat. 335, 359. See 

also U.S. American Indian Policy Review Commission, Task Force Five: Indian Education, Report on Indian Education, Committee Print (Washington: GPO, 1976), p. 69. 13Paul Stuart, Nations Within a Nation: Historical Statistics of American Indians (New York: 

Greenwood Press, 1987), pp. 135, 165. 

in 1794.2 The first treaty providing for academic instruction for a 

tribe was in 1803.3 Altogether over 150 treaties with individual 

tribes provided for instructors, teachers, or schools, whether vocational, academic, or both, either permanently or for a limited period 

of time.4 The first federal statute authorizing appropriations to 

‘‘promote civilization’’ among Indian tribes was the Indian Trade 

and Intercourse Act of 1793,5 but the Civilization Act of 1819 was 

the first authorization and appropriation specifically for instruction 

of Indian children near frontier settlements in reading, writing, 

and arithmetic.6 Civilization Act funds were expended through contracts with missionary and benevolent societies. Besides treaty 

schools and ‘‘mission’’ schools, some additional schools were initiated and funded directly by Indian tribes. The state of New York 

also operated schools for its Indian tribes. The total of such treaty, 

mission, tribal, and New York schools reached into the hundreds 

by the Civil War.7

After the Civil War, the U.S. government began to create a federal Indian school system, with schools not only funded but also 

constructed and operated by the Bureau of Indian Affairs (BIA) 8

with central policies and oversight.9 In 1869, the Board of Indian 

Commissioners—a federally appointed board that jointly controlled 

with Interior the disbursement of certain funds for Indians10—recommended the establishment of government schools and teachers.11 Building upon prior programs, in 1870 Congress passed the 

first general appropriation for Indian schools.12 The initial appropriation was $100,000, but both the amount appropriated and the 

number of schools operated by the BIA rose swiftly thereafter.13

The BIA created both boarding and day schools, including off-reservation industrial boarding schools on the model of the Carlisle 


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14Founded by Army Captain Richard H. Pratt on an unused Army base in Carlisle, PA, the 

school’s model of educating Indian students in an off-reservation manual labor boarding school, 

away from students’ families and cultures, became well-known. Pratt, its first superintendent, 

publicized the school and its emphasis on assimilation. Carlisle was funded through Indian appropriations bills and private donations. It closed in 1918. See Szasz and Ryan, ‘‘American Indian Education,’’ pp. 290–291. 15Francis Paul Prucha, The Great Father: The United States Government and the American 

Indians (Lincoln: University of Nebraska Press, 1984), pp. 815–816. 16Szasz and Ryan, ‘‘American Indian Education,’’ pp. 290–294. 17 Edward E. Hill, comp., Guide to Records in the National Archives of the United States Relating to American Indians Washington: National Archives and Records Service, 1981), p. 24. See 

also Szasz and Ryan, ‘‘American Indian Education,’’ pp. 290, 293. 18 Hill, Guide to Records, p. 112; and Szasz and Ryan, ‘‘American Indian Education,’’ p. 297. 

Authorization for Alaska Native education was in § 13, Act of May 17, 1884, Chap. 53, 48th 

Cong. 1st sess., 23 Stat. 24, 27–28. 19 After 1870, most tribal schools were in Oklahoma, operated by one of the ‘‘Five Civilized 

Tribes’’ (Cherokee, Chickasaw, Choctaw, Creek, and Seminole), as they were then called. 20Szasz and Ryan, ‘‘American Indian Education,’’ p. 291. 21 U.S. Department of the Interior, Office of Indian Affairs, Annual Report of the Commissioner of Indian Affairs Fiscal Year 1890–1891] (Washington: GPO, 1891), p. 71. 22Prucha, Great Father, pp. 823–825. 23Prucha, Great Father, pp. 824–825. 24 U.S. Department of the Interior, Bureau of Indian Affairs, Report on BIA Education: Excellence in Indian Education Through the Effective Schools Process. Final Review Draft (Washington: The Department, 1988), Table 1, p. 15. 25 Act of November 2, 1921, 42 Stat. 208, as amended; 25 U.S.C. § 13. 26 25 U.S.C. § 452–457 

Indian Industrial School (established in 1879).14 Many Indian children attended on- or off-reservation boarding schools.15 BIA schools 

were chiefly elementary and vocational schools.16

An organizational structure for BIA education began with a Medical and Education Division during 1873–1881, appointment of a 

superintendent of education in 1883, and creation of an education 

division in 1884.17 The education of Alaska Native children, however, along with that of other Alaskan children, was assigned in 

1885 to Interior’s Office of Education, not the BIA.18 Mission, tribal,19 and New York state schools continued to operate, and the proportion of school-age Indian children attending a BIA, mission, 

tribal, or New York school rose slowly.20

A major long-term shift in federal Indian education policy, from 

federal schools to public schools, began in FY1890–91 when the 

Commissioner of Indian Affairs, using his general authority in Indian affairs, contracted with a few local public school districts to 

educate nearby Indian children for whose schooling the BIA was 

responsible.21 After 1910, the BIA pushed to move Indian children 

to nearby public schools and to close BIA schools.22 Congress provided minimal appropriations to pay public schools for Indian students.23 By 1920, more Indian students were in public schools than 

BIA schools.24

In 1921, Congress passed the Snyder Act 25 in order to authorize 

all programs the BIA was then carrying out. However, most BIA 

programs at the time, including education, lacked authorizing legislation. The Snyder Act continues to provide broad and permanent 

authorization for federal Indian programs. 

In 1934, Congress enacted the Johnson O’Malley Act 26 (JOM) 

which authorized the BIA to contract with states for Native education. The JOM program is designed to meet the specialized educational needs of Native students. JOM funds are used to supplement other educational programs, and can be used for tutoring, 

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27 20 U.S.C. § 7701 et seq. 28Pub. L. No. 89–10 (1965). 29 20 U.S.C. §§ 7401–7402. 30Pub. L. No. 93–638 (1975). 31Pub. L. No. 107–110 (2002). 

school activities, and any other education-related activities for Native students. 

In 1953, Congress enacted the Impact Aid Act 27 which was the 

first education funding provided by the Department of Education 

for Native students. This Act provided funding to school districts 

to help fund the education of children from federally-impacted 

areas. Federally-impacted areas include areas where the federal 

government owns property, such as Indian trust lands and military 

bases. Because most school districts are funded through the federal 

government and local property taxes, and taxes cannot be collected 

on federal lands, the Impact Aid Act compensates local school districts for the education of children who reside on federal lands. Impact Aid funding is now part of Title VIII of the Elementary and 

Secondary Act. 

Additional funding from the Department of Education was authorized in the Elementary and Secondary Act of 1965 (ESEA) 28. 

The ESEA provided a set-aside for BIA schools. The Indian Education Act of 1972 29 also established the Office of Indian Education 

within the Department of Education. This was the first office outside the Department of Interior established to oversee a federal Native education program. 

The Indian Self-Determination and Education Assistance Act of 

1975 30 enabled tribes to take over the operation through grants or 

contracts of their BIE schools and perform the functions that the 

BIA had performed. Today, 124, or two-thirds of the 184 BIE 

schools, are grant schools. 

The ESEA remains the primary source of federal aid for K-12 

education. The most recent amendment and reauthorization of the 

ESEA, was the No Child Left Behind Act (NCLB) of 2001.31 The 

NCLB added Title VII to the ESEA, which provides a wide range 

of provisions specifically for Native education. 

NCLB was also a major expansion of federal influence over K-12 

education. The NCLB relied on measures of accountability for public school systems and each individual student. States were required to implement standards-based assessments in reading, math 

and science which were measured in an annual yearly progress 

(AYP) for each school and school district. The goal was for all public schools to reach an AYP of proficient or higher by the end of 

the 2013–14 school year. If schools did not meet AYP for two consecutive years or more, accountability steps were put in place including school improvement, corrective action and school restructuring. As of the 2008 school year, 29% of public schools were failing to make AYP. 

The BIE school system is also subject to NCLB. The Secretary 

of the Interior was charged with defining AYP for BIE schools. The 

Secretary conducted a negotiated rulemaking and it was determined that each BIE school’s AYP would be defined by the state 

in which the school is located. 

In anticipation of the reauthorization of the ESEA, Indian tribes, 

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32 20 U.S.C. § 7401. Title 25 of the U.S. Code also refers to ‘‘the federal responsibility for and 

assistance to education of Indian children. 25 U.S.C. § 450(b)(2). 33L. Meriam, Institute for Government Research, The Problem of Indian Administration 

(1928). 34 U.S. Senate Special Subcommittee on Indian Education, Committee on Labor and Public 

Welfare, Indian Education: a National Tragedy, a National Challenge (‘‘Kennedy Report’’), 1969, 

http://www.tedna.org/pubs/Kennedy/toc.htm, accessed 18 June 2011. 35 U.S. Department of Education, Indian Nations at Risk: An Educational Strategy for Action—Final Report of the Indian Nations at Risk Task Force, 1991 available at http:// 

www.tedna.org/pubs/nationsatrisk.pdf (last visited Dec. 15, 2011). 36 See Id. at 31–33. 37 National Indian Education Association, Native Education 101: Basic Facts about American 

Indian, Alaska Native, and Native Hawaiian Education, Available at http://www.niea.org/ 

data/files/policy/nativeeducation101.pdf (last visited Dec. 15, 2011). 38 Id. at 3. 39 Bureau of Indian Education National Directory, June 2011, available at http:// 

www.bie.edu/idc/groups/xbie/documents/text/idc014129.pdf (last visited Dec. 15, 2011). 

nicating to the Committee their various concerns for the future of 

Native education. 

NEED FOR LEGISLATION

In the ESEA, the federal government firmly stated its interest in 

and dedication to the education of Native peoples, stating, ‘‘it is the 

policy of the United States to fulfill the federal government’s 

unique and continuing trust relationship with and responsibility to 

the Indian people for the education of Indian children.’’ 32 Despite 

that firm affirmation and the centuries-old tradition of attempting 

to ensure the education of Native children, there remain significant 

achievement gaps in educational outcomes for Native students in 

both BIE and public schools when compared to non-Native students. Major reports by the federal government on Native education issued in 1928,33 1969 34 and 1991 35 have demonstrated relatively little improvement in the education of Native peoples in 80 

years—especially as it concerns retaining tribal cultures and identities through adequate language instruction.36

The federal government currently provides education funding 

and services to Native students through the Departments of Interior and Education. The Department of the Interior delivers services or support in two primary ways, through federally funded Bureau of Indian Education (BIE) schools or through education assistance via funding to public schools attended by Native students 

through the Johnson O’Malley Act. 

Currently 620,000, or 93%, of Native students attend public 

schools and approximately 45,000, or 7%, attend BIE schools.37

There are 184 BIE-funded schools (including 14 peripheral dormitories) located on 63 reservations in 23 states.38 More than 70 

percent of those schools and students are located in four states: 

New Mexico, Arizona, North Dakota and South Dakota.39 Public 

schools receive funding for Native students through the Department of Education, and BIE schools receive funding both through 

the Department of Interior’s budget and through Department of 

Education programs that serve Native students. 

Native education associations provide, and the Committee notes 

that ESEA and other programs aimed at educating Native students 

are not yielding the desired outcomes and must be altered to address this reality. The national graduation rate for Native students 

is the lowest of any racial or ethnic group. Only 49.3% of Native 

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40 National Indian Education Association, Native Education 101: Basic Facts about American 

Indian, Alaska Native, and Native Hawaiian Education, Available at http://www.niea.org/ 

data/files/policy/nativeeducation101.pdf (last visited Dec. 15, 2011). 41 National Indian Education Association, National Native Education Agenda, A Transition 

Paper for the Department of Education, 2008 available at http://www.niea.org/data/files/ 

policy/2008transitionpaperdoe.pdf (last visited Dec. 15, 2011). 42FY2012 Budget, p. IA–EDU–10. 43 U.S. Department of Education, Justifications of Appropriation Estimates to the Congress, 

Fiscal Year 2012. 44Tribal Education Departments National Assembly, The Elementary and Secondary Education Act Reauthorization Recommendations for Tribal Education Departments/Agencies, Boulder, CO, (cont’d) February 11, 2011, http://www.tedna.org/articles/ 

esealreauthorizationlrecommendations.pdf (last accessed 11/4/12). 

sian counterparts.40 Among those who graduate only 13.3% go on 

to receive a college degree compared with a national average of 

24.4%.41 According to the BIE, 25% of BIE schools made AYP in 

SY2007–2008, and 33% made AYP in SY2008–2009.42 In SY2008– 

2009, 66% of all public schools made AYP.43 Further, according to 

Tribal Education Departments National Assembly (TEDNA), the 

high school dropout rate of tribal students is 50%—nearly double 

that of their Caucasian peers; tribal students have the highest 

rates of absenteeism, suspension, and expulsion; and tribal 8th 

grade students are 18% more likely to read or perform in mathematics at a ‘‘below basic’’ level than their Caucasian peers.44

Proffered reasons for the achievement gap center around severe 

underfunding of federal programs; the inability of tribes to attract 

and retain quality teachers to teach on or near reservations; a fractured administration between the Department of the Interior and 

the Department of Education in implementing programs; and a 

lack of cultural relevance in curriculum, operational philosophy, 

and language instruction. With regard to NCLB, common tribal 

concerns received by the Committee are that the Act had a 

disproportionally negative impact on high-poverty schools such as 

many schools serving Native students, teaching and enforcement 

processes under the Act were too rigid and did not allow flexibility 

in teaching, and that the Act lacked a mechanism to attract highlyqualified teachers to underperforming schools and that its standards were unrealistic. 

In developing S. 1262 with an aim at addressing tribal concerns 

and affecting more positive educational outcomes for Native students, the Committee received views from a broad range of Native 

stakeholders to develop ideas for improving the status of Native 

education. During the 112th Congress, the Committee held a 

roundtable discussion on Native education, an oversight hearing on 

language and culture-based education, and met with tribal leaders, 

as well as national and regional intertribal organizations. Recommendations from these stakeholders fell into three distinct 

themes: (1) language and culture-based education; (2) teacher 

training, recruitment, and retention; and (3) tribal access and local 

control. 

Native education organizations and tribal leaders have repeatedly called for greater involvement in the education of their students, especially those in public schools. S. 1262 would encourage 

increased consultation and coordination between tribes, Native students and parents, and/or tribal organizations by requiring the Department of Education, DOI, states, and local education agencies 

(LEAs) to increase or begin consulting or coordinating with them. 

Further, S. 1262 would require that states develop standards-based 


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assessments and classroom lessons to accommodate diverse learning styles. The Committee notes that leaders in the field of Native 

education believe a major problem leading to achievement gaps is 

that traditional Eurocentric educational styles are not conducive to 

teaching Native students. The bill would promote language preservation by permitting tribal elders to teach Native languages 

through provisions aimed at qualifying them as highly qualified 

teachers for the purposes of teaching Native language and culture. 

S. 1262 would also authorize set-asides and other funding mechanisms to attract teachers to underperforming schools and moreover 

to ensure the adequate funding of Native education programs. 

LEGISLATIVE HISTORY

S. 1262, the Native Culture, Language, and Access for Success in 

Schools Act, was introduced on June 23, 2011, by Senator Akaka, 

and is co-sponsored by Senators Inouye of Hawaii, Johnson of 

South Dakota, and Udall of New Mexico. Two similar bills—H.R. 

3568 and H.R. 3569—were introduced in the House of Representatives on December 6, 2011. The former by Representative Dale Kildee of Michigan’s 5th District and the latter by Representative Joe 

Baca of California’s 43rd District. The Senate Committee on Indian 

Affairs held a legislative hearing on S. 1262 on June 30, 2011 and 

a business meeting to consider the bill on October 20, 2011. 

During the business meeting on October 20, 2011, the bill was 

reported favorably with an amendment in the nature of a substitute, a technical amendment and one other amendment to the 

full Senate. 

SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE

The substitute amendment removes from the original bill narrow 

exemptions for tribal schools and educators from standards for 

high-quality teachers and state assessments, essentially leaving intact the current framework in the education law commonly known 

as No Child Left Behind. 

Specifically, the exemptions would have allowed states to develop 

standards-based assessments to accommodate diverse learning 

styles in place of general assessments under the law. They also 

would have applied to Native language teachers. 

It would exempt most tribal colleges and universities from certain eligibility applications to receive financial assistance. It also 

would create an Indian language and training program to award 

competitive grants to eligible institutions to promote the preservation, revitalization and use of Indian languages. 

The substitute amendment also establishes ‘‘Centers for Innovation in Tribally Directed Education,’’ which would provide technical 

and professional expertise to Indian tribes to help them grow and 

maintain the capacity to deliver education services to Indian children. Grants would be awarded to entities to help establish the 

centers. 

Lastly, the substitute would also create educational and culture 

programs specifically geared toward Native Hawaiians, including 

grants for a Native Hawaiian education council. 


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SECTION-BY-SECTION ANALYSIS OF THE BILL, AS AMENDED

Section 1. Short title; table of contents 

This section provides that the short title of the bill is the ‘‘Native 

Culture, Language, and Access for Success in Schools Act’’ and lays 

out a table of contents. 

TITLE I—ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 

This title generally makes amendments to the Elementary and 

Secondary Education Act of 1965. 

SUBTITLE A—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Section 111. Improving the education of students 

This section makes various amendments to Part A of title I of the 

Elementary and Secondary Education Act (ESEA) of 1965 (20 

U.S.C. 6301 et seq.) including provisions regarding standards-based 

education assessments, Native American languages, and the Indian 

School Turn Around Program. 

Section 112. Prevention and intervention programs for children and 

youth who are neglected, delinquent, or at-risk 

This section makes various amendments to Part D of title I of 

the Elementary and Secondary Education Act (ESEA) of 1965 (20 

U.S.C. 6301 et seq.) including provisions regarding Tribal consultation, grants to Indian Tribes, and technical assistance. 

Section 113. State Administration 

This section amends Section 1903(b)(2) of the Elementary and 

Secondary Education Act of 1965 (ESEA) (20 U.S.C. 6573(b)(2)). 

SUBTITLE B—PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY

TEACHERS AND PRINCIPALS

Section 121. Preparing, training, and recruiting high-quality teachers and principals 

This section amends Title II of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6601 et seq.) including provisions 

regarding high need local education agencies and the Indian educator scholarship program. 

SUBTITLE C—NATIVE AMERICAN LANGUAGES PROGRAMS

Section 131. Improvement of academic success of Indian students 

through Native American languages and programs 

This section amends Subpart 1 of part A of title III of the Elementary and Secondary Education Act (20 U.S.C. 6821 et seq.) to 

provide for Native American languages programs, grants for such 

programs, and authorizes appropriations. 

Section 132. State and tribal educational agency agreements 

This section amends Part A of title III of the Elementary and 

Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) adding 

a section thereto dealing with state and tribal education agency 

agreements. 


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SUBTITLE D—21ST CENTURY SCHOOLS

Section 141. Safe and healthy schools for Native American students 

This section amends subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (ESEA) (20 U.S.C. 

7131 et seq.) providing for the establishment of a program to improve the school environments and student skill development for 

healthy choices for Native American students in all public elementary and secondary schools that are eligible to receive support 

under part A of title VII of the ESEA. 

SUBTITLE E—CENTERS FOR INNOVATION IN TRIBALLY DIRECTED

EDUCATION

Section 151. Centers for innovation in tribally directed education 

This section amends Part A of title V of the Elementary and Secondary Education Act (20 U.S.C. 7201 et seq.) to deal with centers 

for innovation in tribally directed education and grants and guidelines for such grants to such centers. 

Section 152. Authorization of appropriations 

This section amends Section 5156 of the Elementary and Secondary Education Act (20 U.S.C. 7121e) to authorize appropriations 

for those grants discussed in Section 151. 

SUBTITLE F—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

PART I—INDIAN EDUCATION 

Section 161. Purpose 

This section amends section 7102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7402) by adding a new 

‘‘purpose’’ section to that statute. 

Section 162. Purpose of formula grants 

This section amends section 7111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7421) to revise its purpose 

statement. 

Section 163. Grants to local educational agencies and tribes 

This section amends section 7112 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7422) including provisions 

regarding grants to consortia of two or more local educational agencies. 

Section 164. Amount of grants 

This section amends section 7113 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7423) addressing the 

amount of grants. 

Section 165. Applications 

This section amends section 7114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7424) including provisions 

regarding outreach to local education agencies. 


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Section 166. Authorized services and activities 

This section amends section 7115 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7425) including provisions 

regarding Native American language programs and Native American language restoration programs. 

Section 167. Student eligibility forms 

This section amends section 7117(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7427(e)) including a provision regarding record keeping by local educational agencies. 

Section 168. Technical assistance 

This section amends subpart 1 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7421 et 

seq.) to address technical assistance to Indian tribes and local educational agencies. 

Section 169. Amendments relating to tribal colleges and universities 

This section amends subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

seq.) to address funding to tribal colleges and universities. 

Section 170. Tribal educational agency cooperative agreements 

This section amends subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

seq.) to address cooperative agreements between tribal education 

agencies and their state and local education agencies. 

Section 171. Tribal educational agencies pilot project 

This section amends subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

seq.) to establish and set out provisions for a tribal educational 

agency pilot project. 

Section 172. Improving support for teachers and administrators of 

Native American students 

This section amends subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

seq.) to authorize grants to eligible entities to enable such entities 

to expand or develop programs aimed at teacher and administrator 

preparation and recruitment. 

Section 173. National board certification incentive demonstration 

program 

This section amends subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

seq.) to establish a national board certification incentive demonstration program. 

Section 174. Tribal language immersion schools 

This section amends subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

seq.) to authorize grants to enable the development of tribal language immersion schools. 


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Section 175. Coordination of Indian student information 

This section amends subpart 3 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7451 et 

seq.) to address the coordination of Indian student information including provisions regarding the award of grants, data elements, 

and a report to Congress on the status of implementation of this 

section. 

Section 176. Authorization of appropriations 

This section authorizes appropriations for carrying out subparts 

1, 2 and 3. 

PART II—NATIVE HAWAIIAN EDUCATION 

Section 177. Findings 

This section amends section 7202 of the Elementary and Secondary Education Act (20 U.S.C. 7511 et seq.) by laying out findings associated with this part of the legislation. 

Section 178. Purposes 

This section amends section 7203 of the Elementary and Secondary Education Act (20 U.S.C. 7513) to lay out purposes of this 

part of the legislation. 

Section 179. Native Hawaiian Education Council Grant 

This section amends section 7204 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7514) regarding the authorization of a grant for the Native Hawaiian Education Council. 

Section 180. Grant program authorized 

This section amends section 7205 of the Elementary and Secondary Education Act (20 U.S.C. 7515 et seq.). 

Section 181. Administrative provisions; authorization of appropriations 

This section amends section 7206 of the Elementary and Secondary Education Act (20 U.S.C. 7516) with regard to administrative provisions and the authorization of appropriations. 

Section 182. Definitions 

This section amends section 7207 (20 U.S.C. 7517) with regard 

to certain definitions. 

SUBTITLE G—IMPACT AID

Section 185. Impact Aid 

This section amends section 8004 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7704). 

SUBTITLE H—GENERAL PROVISIONS

Section 191. Highly qualified definition 

This section amends section 9209(23) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)) with regard to 

the definition of ‘‘highly qualified.’’ 


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Section 192. Applicability of ESEA to Bureau of Indian Education 

schools. 

This section amends section 9103 of the Elementary and Secondary Education Act (20 U.S.C. 7821) regarding the applicability 

of such act to Bureau of Indian Education Schools. 

Section 193. Increased access to resources for tribal schools, schools 

served by the Bureau of Indian Education, and Native American students 

This section amends subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et 

seq.) with regard to technical assistance and capacity building. 

Title II—Amendments to Other Laws 

Section 201. Amendments to the American Recovery and Reinvestment Act of 2009 to provide funding for Indian programs 

This section amends the American Recovery and Reinvestment 

Act of 2009 to provide funding for Indian programs such as Bureau 

of Indian Education schools. 

Section 202. Qualified scholarships for education and cultural benefits. 

This section amends section 1117 of the Internal Revenue Code 

of 1986 with respect to income and qualified Indian education benefits and qualified Indian cultural benefits. 

Section 203. Tribal Education Policy Advisory Group 

This section amends section 1126 of the Education Amendments 

of 1978 (25 U.S.C. 2006) to establish a tribal education policy advisory group. 

Section 204. Division of budget analysis 

This section amends section 1129 of the Education Amendments 

of 1978 (25 U.S.C. 2009) with regard to funding associated with 

Bureau of Indian Education schools. 

Section 205. Tribal education agencies 

This section makes various amendments to section 1140 of the 

Education Amendments of 1978 (25 U.S.C. 2020). 

Section 206. Qualified school construction bond escrow account 

This section amends part B of title II of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458) regarding 

the establishment of a qualified school construction bond escrow account. 

Section 207. Equity in Educational Land-Grant Status Act of 1994 

This section makes various amendments to section 532 of the Equity in Education al Land-Grant Status Act of 1994 (7 U.S.C. 301 

note). 

Section 208. Workforce Investment Act of 1998 

This section makes various amendments to Title II of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et seq.) including the 


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establishment of an American Indian, Native Hawaiian, and Tribal 

College or University Adult Education and Literacy Grant Program. 

Section 209. Technical amendments to Tribally Controlled Schools 

Act of 1988 

This section makes technical amendments to certain sections of 

the Tribally Controlled Schools Act of 1988. 

Section 210. Exemption from eligibility application 

This section makes amendments to paragraph (1) of section 

316(d) of the Higher Education Act of 1965 (20 U.S.C. 1059c(d)). 

Section 211. Tribal colleges and universities American Indian language vitalization and training program 

This section amends part A of title III of the Higher Education 

Act of 1965 (20 U.S.C. 1057 et seq.) by adding at the end a section 

dealing with the authorization of an American Indian Language Vitalization and Training Program. 

Section 212. Administrative cost grants for tribally operated schools 

This section makes amendments to section 1128(1)(1) of the Education Amendments of 1978 (25 U.S.C. 2008(l)(1)). 

Section 213. Tribal member student records 

This section amends section 444(b)(1)(C) of the General Education Provisions Act (20 U.S.C. 1232g(b)(1)(C)). 

Title III—Additional Education Provisions 

Section 301. Native American student support 

This section addresses program expansion within the Department of Education for research and support associated with culture 

and language-based education and Native American school children. 

Section 302. Ensuring the survival and continuing vitality of Native 

American languages 

This section provides for a grant program aimed at ensuring the 

survival of Native American languages. 

Section 303. In-school facility innovation program contest 

This section provides for a contest involving improvements to 

tribal school facilities administered by the Secretary of the Interior. 

Section 304. Retrocession or reassumption of certain school funds 

This section discusses what is to happen with certain funds when 

Public Law 100–297 grantees or Public Law 93–638 contract 

schools retrocede authority to, or such authority is reassumed by, 

the Bureau of Indian Education. 


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Section 305. Department of the Interior and Department of Education Joint Oversight Board 

This section provides for the establishment of a Department of 

the Interior and Department of Education Joint Oversight Board of 

Native American education. 

Section 306. Tribal self-governance feasibility study 

This section provides for the conducting of a study to determine 

the feasibility of entering into self-governance compacts and contract with Indian tribal governments who wish to operate public 

schools that reside within their lands. This section also provides for 

the considerations the Secretary of Education must consider when 

conducting such study and its report to Congress. 

Section 307. Establishment of Center for Indigenous Excellence 

This section calls for the establishment, and describes the role of, 

a prospective Center for Indigenous Excellence. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

In an open business meeting on October 20, 2011, the Committee 

on Indian Affairs, by voice vote, adopted S. 1262 with an amendment in the nature of a substitute, a technical amendment and one 

other amendment, and ordered the bill reported to the Senate, with 

the recommendation that the Senate do pass S. 1262 as reported. 

COST AND BUDGETARY CONSIDERATIONS

The cost estimate provided by the Congressional Budget Office 

pursuant to section 402 of the Congressional Budget Act of 1974 

was not available for inclusion in this report. The estimate will be 

printed in either a supplemental report or the Congressional 

Record when it is available. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill to evaluate the 

regulatory and paperwork impact that would be incurred in carrying out the bill. The Committee believes that the regulatory impact of S. 1262 will be minimal. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 1262. 

CHANGES IN EXISTING LAW

In the opinion of the committee, it is necessary to dispense with 

the requirements of paragraph 12 of rule XXVI of the Standing 

Rules of the Senate to expedite the business of the Senate. 

Æ 


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