II 

Calendar No. 574 

112TH CONGRESS 

2D SESSION S. 1262 

[Report No. 112–262] 

To improve Indian education, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 23, 2011 

Mr. AKAKA (for himself, Mr. JOHNSON of South Dakota, Mr. INOUYE, and 

Mr. UDALL of New Mexico) introduced the following bill; which was read 

twice and referred to the Committee on Indian Affairs 

DECEMBER 21, 2012 

Reported by Mr. AKAKA, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ELEMENTARY AND SECONDARY EDUCATION ACT OF 

1965 

Subtitle A—Improving the Academic Achievement of the Disadvantaged 

Sec. 111. Improving the education of students. 

Sec. 112. Standards-based assessments. 

Sec. 113. Native language teaching. 

Sec. 114. Prevention and intervention programs for children and youth who are 

neglected, delinquent, or at-risk. 

Subtitle B—Preparing, Training, and Recruiting High-quality Teachers and 

Principals 

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

Subtitle C—Native American Languages Programs 

Sec. 131. Improvement of academic success of Indian students through Native 

American languages programs. 

Sec. 132. State and tribal education agency agreements. 

Subtitle D—21st Century Schools 

Sec. 141. Safe and healthy schools for Native American students. 

Subtitle E—Indian, Native Hawaiian, and Alaska Native Education 

Sec. 151. Purpose. 

Sec. 152. Purpose of formula grants. 

Sec. 153. Grants to local educational agencies and tribes. 

Sec. 154. Amount of grants. 

Sec. 155. Applications. 

Sec. 156. Authorized services and activities. 

Sec. 157. Student eligibility forms. 

Sec. 158. Technical assistance. 

Sec. 159. Amendments relating to tribal colleges and universities. 

Sec. 160. Tribal educational agency cooperative agreements. 

Sec. 161. Tribal education agencies pilot project. 

Sec. 162. Improve support for teachers and administrators of Native American 

students. 

Sec. 163. National board certification incentive demonstration program. 

Sec. 164. Tribal language immersion schools. 

Sec. 165. Coordination of Indian student information. 

Sec. 166. Authorization of appropriations. 

Subtitle F—Impact Aid 

Sec. 171. Impact aid. 

Subtitle G—General Provisions 

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Sec. 181. Highly qualified definition. 

Sec. 182. Applicability of ESEA to Bureau of Indian Education schools. 

Sec. 183. Increased access to resources for tribal schools, schools served by the 

Bureau of Indian Education, and Native American students. 

TITLE II—AMENDMENTS TO OTHER LAWS 

Sec. 201. Amendments to the American Recovery and Reinvestment Act of 

2009 to provide funding for Indian programs. 

Sec. 202. Qualified scholarships for education and cultural benefits. 

Sec. 203. Tribal Education Policy Advisory Group. 

Sec. 204. Division of budget analysis. 

Sec. 205. Qualified school construction bond escrow account. 

Sec. 206. Equity in Educational Land-Grant Status Act of 1994. 

Sec. 207. Workforce Investment Act of 1998. 

Sec. 208. Technical amendments to Tribally Controlled Schools Act of 1988. 

TITLE III—ADDITIONAL EDUCATION PROVISIONS 

Sec. 301. Native American student support. 

Sec. 302. Ensuring the survival and continuing vitality of Native American languages. 

Sec. 303. In-school facility innovation program contest. 

Sec. 304. Retrocession or reassumption of certain school funds. 

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

Sec. 306. Feasibility study to transfer the Bureau of Indian Education to the 

Department of Education. 

Sec. 307. Tribal self-governance feasibility study. 

Sec. 308. Establishment of Center for Indigenous Excellence. 

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— 

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1 (A) in subsection (a), by inserting ‘‘rep2 resentatives of Indian tribes located in the 

3 State,’’ after ‘‘other staff,’’; 

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

5 ‘‘1112(c)(1)(D)’’ and inserting 

6 ‘‘1112(c)(1)(E)’’; 

7 (C) in subsection (c)— 

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

9 ‘‘and’’; 

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

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

12 and 

13 (iii) by adding at the end the fol14 lowing: 

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

16 in timely and meaningful consultation with rep17 resentatives of Indian tribes located in the State in 

18 the development of the State plan to serve local edu19 cational agencies under the State’s jurisdiction, in 

20 order to— 

21 ‘‘(A) improve the coordination of activities 

22 under this Act; 

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

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

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

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

2 end the following: 

3 ‘‘(4) If such school has been approved, in ac4 cordance with section 1116(g), for use of an alter5 native definition of adequate yearly progress, the 

6 school may adopt an appropriate assessment that— 

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

8 with the approval of, the Secretary of the Inte9 rior; and 

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

11 this section.’’; 

12 (2) in section 1112— 

13 (A) in subsection (b)(1)— 

14 (i) by redesignating subparagraphs 

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

16 through (R), respectively; and 

17 (ii) by inserting after subparagraph 

18 (E), the following: 

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

20 the local educational agency will use to engage 

21 in timely, ongoing, and meaningful consultation 

22 with representatives of Indian tribes located in 

23 the area served by the local education agency in 

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

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1 ‘‘(i) improve the coordination of ac2 tivities under this Act; 

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

4 and 

5 ‘‘(iii) meet the unique cultural, lan6 guage, and educational needs of Indian 

7 students;’’; 

8 (B) in subsection (c)(1)— 

9 (i) by redesignating subparagraphs 

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

11 through (P), respectively; and 

12 (ii) by inserting after subparagraph 

13 (C), the following: 

14 ‘‘(D) engage in timely and meaningful con15 sultation with representatives of Indian tribes 

16 located in the area served by the local education 

17 agency;’’; and 

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

19 other appropriate school personnel,’’ and insert20 ing ‘‘other appropriate school personnel, rep21 resentatives of Indian tribes located in the area 

22 served by the local educational agency,’’; 

23 (3) in section 1115(b)(2)(A), by inserting ‘‘, In24 dian children,’’ after ‘‘migrant children’’; 

25 (4) in section 1116— 

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1 (A) in subsection (b)(3)(A)— 

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

3 by inserting ‘‘representatives of Indian 

4 tribes located in the area served by the 

5 school,’’ after ‘‘school staff,’’; 

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

7 after the semicolon; 

8 (iii) in clause (x), by striking the pe9 riod at the end; and 

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

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

13 school receives funds described in title VII, 

14 the school will continue to direct such 

15 funds to the activities described in title 

16 VII.’’; 

17 (B) in subsection (c)(7)(A)— 

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

19 by inserting ‘‘representatives of Indian 

20 tribes located in the area served by the 

21 local education agency,’’ after ‘‘school 

22 staff,’’; 

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

24 after the semicolon; 

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1 (iii) in clause (viii), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (iv) by adding at the end the fol4 lowing: 

5 ‘‘(ix) incorporate, as appropriate, ac6 tivities that meet the unique cultural, lan7 guage, and educational needs of Indian 

8 students eligible to be served under title 

9 VII of this Act.’’; 

10 (C) in subsection (g)(1)— 

11 (i) in subparagraph (B)— 

12 (I) by striking ‘‘The tribal gov13 erning body or’’ and inserting ‘‘An In14 dian tribe,’’; 

15 (II) by inserting ‘‘, or consortium 

16 of such entities’’ after ‘‘Bureau of In17 dian Affairs’’; 

18 (III) by striking ‘‘body or school 

19 board’’ and inserting ‘‘Indian tribe, 

20 school board, or consortium of such 

21 entities’’; and 

22 (IV) by inserting ‘‘of the Inte23 rior’’ after ‘‘such alternative definition 

24 unless the Secretary’’; 

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

2 ‘‘a tribal governing body or school board of 

3 a school funded by the Bureau of Indian 

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

5 school board of a school funded by the Bu6 reau of Indian Affairs, or consortium of 

7 such entities’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(D) DEEMED APPROVAL.—A proposed al11 ternative definition of adequate yearly progress 

12 submitted pursuant to subparagraph (B) shall 

13 be deemed to be approved by the Secretary of 

14 the Interior unless the Secretary of the Interior 

15 issues the notification set forth in subparagraph 

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

17 beginning on the date on which the Secretary of 

18 the Interior received the proposed alternative 

19 definition of adequate yearly progress. 

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

21 the Interior finds that the application is not in 

22 compliance, in whole or in part, with this sub23 part, the Secretary of the Interior shall— 

24 ‘‘(i) notify the entity or entities de25 scribed in subparagraph (B) of the finding 

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1 of noncompliance and, in such notification, 

2 shall— 

3 ‘‘(I) cite the specific provisions in 

4 the application that are not in compli5 ance; 

6 ‘‘(II) provide an explanation of 

7 the basis of the non-compliance; 

8 ‘‘(III) request additional informa9 tion only as to the noncompliant pro10 visions needed to make the proposal 

11 compliant; 

12 ‘‘(IV) provide a description of the 

13 steps that the entity or entities need 

14 to take to make the application com15 pliant; and 

16 ‘‘(V) provide assistance to over17 come the finding of noncompliance; 

18 and 

19 ‘‘(ii) provide the entity or entities de20 scribed in subparagraph (B) with the op21 portunity for a hearing, which shall be 

22 completed not more than 60 days after 

23 such entity or entities receive the notice of 

24 opportunity for a hearing, or at such later 

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1 date as agreed to by the submitting entity 

2 or entities. 

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

4 described in subparagraph (B) resubmit the ap5 plication in an effort to overcome the finding of 

6 noncompliance not more than 30 days after the 

7 date the notification was received, the Secretary 

8 of the Interior shall approve or disapprove the 

9 resubmitted application not more than 30 days 

10 after the resubmitted application is received, or 

11 not more than 30 days after the conclusion of 

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

13 the Interior fails to approve or disapprove the 

14 resubmitted application within such time pe15 riod, the resubmitted application shall be 

16 deemed approved. 

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

18 Secretary of the Interior finds the resubmitted 

19 application described in subparagraph (F) to be 

20 in noncompliance, the Secretary of the Interior 

21 shall issue a final determination that— 

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

23 application that are not in compliance; 

24 ‘‘(ii) provides a detailed explanation of 

25 the basis for the finding of noncompliance 

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1 for each provision found to be noncompli2 ant; and 

3 ‘‘(iii) offers assistance to overcome the 

4 finding of noncompliance. 

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

6 or entities described in subparagraph (B) do 

7 not respond to the notification of the Secretary 

8 of the Interior described in subparagraph (E) 

9 within a 30-day period after receipt of such no10 tification, the application shall be deemed to be 

11 disapproved.’’; 

12 (5) by inserting after section 1116 the fol13 lowing: 

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

15 ‘‘(a) PURPOSE.—The purpose of this section is to sig16 nificantly improve outcomes for Indian students in persist17 ently low-performing schools by— 

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

19 agencies to turn around low-performing schools op20 erated by a local educational agency on Indian lands; 

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

22 education agencies to improve student academic 

23 achievement in low-performing and persistently low24 performing schools; and 

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1 ‘‘(3) supporting tribes and tribal education 

2 agencies in implementing school intervention models. 

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

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

5 has the meaning given the term in section 8013. 

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

7 school’ means any school located on Indian lands. 

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

9 means any Indian tribe, band, nation, or other orga10 nized group or community (including any Native vil11 lage, Regional Corporation, or Village Corporation 

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

13 Native Claims Settlement Act), that is recognized as 

14 eligible for the special programs and services pro15 vided by the United States to Indians because of 

16 their status as Indians. 

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

18 ‘tribal education agency’ means the authorized gov19 ernmental agency of a federally recognized American 

20 Indian or Alaska Native tribe (as defined in section 

21 4 of the Indian Self-Determination and Education 

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

23 responsible for regulating, administering, or super24 vising the formal education of tribal members. A 

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1 partments, tribal divisions of education, tribally 

2 sanctioned education authorities, tribal education 

3 administrative planning and development agencies, 

4 and tribal administrative education entities. 

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

6 SCHOOLS.— 

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

8 funds under this part shall annually identify any In9 dian school operated by a local educational agency 

10 that— 

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

12 1116(b); and 

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

14 is an elementary school, is in the lowest 5 per15 cent of the State’s public elementary schools; 

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

17 is a secondary school that does not award a 

18 high school diploma, is in the lowest 5 percent 

19 of the State’s public secondary schools that do 

20 not award a high school diploma; or 

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

22 is a secondary school that does award a high 

23 school diploma— 

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

2 State’s public secondary schools that 

3 award a high school diploma; or 

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

5 percent. 

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

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

8 tribe on whose Indian lands any such school is lo9 cated that the school has been identified as a low10 performing school. 

11 ‘‘(d) GRANTS AUTHORIZED.— 

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

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

14 tribal education agencies to enable such tribes or 

15 agencies to carry out the activities described in sub16 section (g). 

17 ‘‘(2) DURATION.— 

18 ‘‘(A) IN GENERAL.—A grant awarded 

19 under this section shall be for a period of 4 

20 years. 

21 ‘‘(B) RENEWAL.—The Secretary may 

22 renew a grant under this section for an addi23 tional 4-year period if the Indian tribe or tribal 

24 education agency demonstrates sufficient 

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

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1 academic indicators and leading indicators de2 scribed in subsection (h)(1)(B). 

3 ‘‘(e) APPLICATION.— 

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

5 education agency that desires to receive a grant 

6 under this section shall submit an application to the 

7 Secretary at such time, in such manner, and con8 taining such information as the Secretary may rea9 sonably require. At a minimum, each application 

10 shall include— 

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

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

13 tribal education agency proposes to serve, and 

14 an appropriate intervention model for such 

15 school; 

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

17 sufficient funds to implement fully and effec18 tively the selected intervention model; and 

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

20 or tribal education agency will— 

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

22 and leaders for the school; 

23 ‘‘(ii) collect and report data; 

24 ‘‘(iii) support effective extended learn25 ing time strategies; and 

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

2 tribal education agency for assisting 

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

4 ‘‘(2) ADDITIONAL APPLICATION REQUIREMENTS

5 IF SUBGRANTS ARE AWARDED.—If an Indian tribe 

6 or tribal education agency proposes to issue sub7 grants, as described under subsection (g)(3), such 

8 tribe or agency shall include in the application, in 

9 addition to the requirements described under para10 graph (1), the following: 

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

12 instructions that the Indian tribe or tribal edu13 cation agency will provide to potential recipients 

14 of subgrants. 

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

16 or tribal education agency will set priorities for 

17 awarding subgrants. 

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

19 or tribal education agency will monitor each en20 tity that is awarded a subgrant. 

21 ‘‘(f) STATE EDUCATIONAL AGENCY AND LOCAL EDU22 CATION AGENCY RESPONSIBILITIES.— 

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

24 education agency receives a grant under this section 

25 for an Indian school that has been identified under 

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

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

3 educational agency and the local educational agency 

4 that serve such school shall— 

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

6 not less than the amount supplied in the aca7 demic year immediately preceding the academic 

8 year for which the grant under this section ap9 plies; 

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

11 tribal education agency, enter into a cooperative 

12 agreement to authorize the Indian tribe or trib13 al education agency to plan, conduct, consoli14 date, and administer programs, services, func15 tions, and activities, or portions thereof, admin16 istered by the State educational agency or the 

17 local educational agency on behalf of the school; 

18 and 

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

20 education agency to reallocate funds for such 

21 programs, services, functions, and activities, or 

22 portions thereof, as necessary. 

23 ‘‘(2) MAINTENANCE OF EFFORT REQUIRE24 MENT.—If the maintenance of effort requirement de25 scribed in paragraph (1)(A) is not met, the Secmstockstill on DSK4VPTVN1PROD with 

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1 retary may withhold funding under title I from the 

2 State until such requirement is met. 

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

4 tribal education agency and the State educational 

5 agency or local educational agency cannot reach an 

6 agreement, the tribe or tribal education agency may 

7 submit to the Secretary information that such tribe 

8 or agency deems relevant, and the Secretary may 

9 make a determination on the disputed issue. 

10 ‘‘(g) USE OF FUNDS.— 

11 ‘‘(1) SCHOOL INTERVENTION MODEL.— 

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

13 tribal education agency that receives a grant 

14 under this section shall use not less than 90 

15 percent of the grant funds to implement a 

16 school intervention model described in sub17 section (i), either directly or through a turn 

18 around partner that is awarded a subgrant, in 

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

20 ‘‘(B) USE OF FUNDS FOR COMPREHENSIVE

21 SERVICES.—The Indian tribe or tribal edu22 cation agency, in implementing any of the 

23 school intervention models described in sub24 section (i) in any school served under the 

25 grant— 

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1 ‘‘(i) shall identify and address issues 

2 that may contribute to low academic 

3 achievement in the schools identified under 

4 subsection (c)(1); and 

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

6 to provide comprehensive services to ad7 dress the issues described in subparagraph 

8 (A) and meet the full range of student 

9 needs. 

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

11 education agency that receives a grant under this 

12 section may award subgrants. 

13 ‘‘(3) TRIBE OR TRIBAL EDUCATION AGENCY AC14 TIVITIES.—If an Indian tribe or tribal education 

15 agency that receives a grant under this section does 

16 not use all of the grant funds to carry out the activi17 ties described in paragraphs (1) through (3) in each 

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

19 tribal education agency shall use any remaining 

20 funds to— 

21 ‘‘(A) provide technical assistance and other 

22 support, either directly or through the creation 

23 of a school turn around office or a turn around 

24 partner, to schools identified under subsection 

25 (c)(1), which may include— 

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

2 teams; or 

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

4 implementation of selected intervention 

5 models; 

6 ‘‘(B) evaluate Indian tribe or tribal edu7 cation agency implementation of school inter8 vention models and other improvement activi9 ties; 

10 ‘‘(C) use the results of the evaluations de11 scribed in subparagraph (B) to improve Indian 

12 tribe or tribal education agency strategies for 

13 supporting, and providing flexibility for, tar14 geted schools that are identified under sub15 section (c)(1); 

16 ‘‘(D) develop pipelines of teachers and 

17 leaders that are trained to work in schools that 

18 are low-performing schools, such as the schools 

19 identified in subsection (c)(1); 

20 ‘‘(E) collect and report data; 

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

22 tribal education agency for assisting schools 

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

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

2 build Indian tribe or tribal education agency ca3 pacity to support school improvement. 

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

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

6 education agency receiving a grant under this sec7 tion shall— 

8 ‘‘(A) comply with the reporting and ac9 countability requirements of this part for each 

10 school that such Indian tribe or tribal education 

11 agency serves; and 

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

13 students that such Indian tribe or tribal edu14 cation agency serves at each school that is 

15 served by the grant program, including the fol16 lowing data: 

17 ‘‘(i) Core academic indicators, such 

18 as— 

19 ‘‘(I) the percentage of students 

20 at each school who are at or above the 

21 proficient level on State academic as22 sessments in reading or language arts 

23 and mathematics; 

24 ‘‘(II) student progress toward 

25 core academic benchmarks; 

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1 ‘‘(III) the average score for stu2 dents in each school on State aca3 demic assessments in reading or lan4 guage arts and mathematics; 

5 ‘‘(IV) secondary school gradua6 tion rates; and 

7 ‘‘(V) rates of student enrollment 

8 in an institution of higher education. 

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

10 ‘‘(I) student attendance rates; 

11 ‘‘(II) the number and percentage 

12 of students completing advanced 

13 coursework; 

14 ‘‘(III) student participation in 

15 State assessments in reading or lan16 guage arts and mathematics under 

17 section 1111(b)(3); 

18 ‘‘(IV) school dropout rates; 

19 ‘‘(V) discipline incident rates; 

20 ‘‘(VI) teacher attendance rates; 

21 ‘‘(VII) the distribution of teach22 ers by performance level, based on the 

23 teacher evaluation system established 

24 by the Indian tribe or tribal education 

25 agency; and 

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1 ‘‘(VIII) reduction in the percent2 age of students in the lowest level of 

3 achievement on State assessments in 

4 reading or language arts and mathe5 matics under section 1111. 

6 ‘‘(2) REPORT.—Each Indian tribe or tribal edu7 cation agency receiving a grant under this section 

8 shall prepare and submit a report to the Secretary, 

9 which shall include the data described in paragraph 

10 (1)(B). 

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

12 or tribal education agency that receives a grant under this 

13 section may choose to implement 1 or more of the fol14 lowing school intervention models: 

15 ‘‘(1) TRANSFORMATION MODEL.—A trans16 formation model is a school intervention model in 

17 which the Indian tribe or tribal education agency— 

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

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

20 new principal who has demonstrated effective21 ness in turning around a low-performing school; 

22 ‘‘(B) uses rigorous, transparent, and equi23 table evaluation systems to— 

24 ‘‘(i) identify and reward school lead25 ers, teachers, and other staff who, in immstockstill on DSK4VPTVN1PROD with 

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1 plementing the model, increase student 

2 achievement and, if applicable, secondary 

3 school graduation rates; and 

4 ‘‘(ii) identify and remove school lead5 ers, teachers, and other staff who, after 

6 ample opportunities have been provided for 

7 such individuals to improve their profes8 sional practice— 

9 ‘‘(I) do not increase student 

10 achievement; 

11 ‘‘(II) if applicable, do not in12 crease secondary school graduation 

13 rates; and 

14 ‘‘(III) have not demonstrated ef15 fectiveness according to the tribe or 

16 tribal education agency’s evaluation 

17 system; 

18 ‘‘(C) provides staff with ongoing, high19 quality, job-embedded professional development 

20 that— 

21 ‘‘(i) is aligned with the school’s in22 struction program and evaluation system; 

23 ‘‘(ii) facilitates effective teaching and 

24 learning; and 

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1 ‘‘(iii) supports the implementation of 

2 school-reform strategies; 

3 ‘‘(D) implements strategies (such as finan4 cial incentives, increased opportunities for pro5 motion and career growth, and more flexible 

6 work conditions) that are designed to recruit, 

7 place, and retain staff who have the skills nec8 essary to meet the needs of students in the 

9 school; 

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

11 a research-based instruction program that— 

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

13 challenging academic content standards 

14 and challenging student academic achieve15 ment standards under section 1111(b); and 

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

17 academic achievement by not less than 10 

18 percent in 1 year; 

19 ‘‘(F) establishes schedules and strategies 

20 that provide increased learning time (which 

21 may include offering full-day kindergarten or a 

22 high-quality preschool program or using a 

23 longer school day, week, or year that increases 

24 the total number of hours at school for the 

25 school year by not fewer than 300 hours) in 

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1 order to significantly increase the total number 

2 of school hours to include time for— 

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

4 English, reading or language arts, mathe5 matics, science, foreign language (which 

6 may include a Native American language), 

7 civics and government, economics, arts, 

8 history, and geography; 

9 ‘‘(ii) instruction in traditional and cul10 tural programs; 

11 ‘‘(iii) instruction in other subjects; 

12 and 

13 ‘‘(iv) enrichment activities, such as 

14 physical education, service learning, and 

15 experiential work-based opportunities; 

16 ‘‘(G) promotes the continuous use of stu17 dent data to provide instruction that meets the 

18 academic needs of individual students, which 

19 may include, in elementary school, individual 

20 students’ levels of school readiness; 

21 ‘‘(H) provides ongoing mechanisms for 

22 family, community, and tribal involvement; 

23 ‘‘(I) ensures that the school receives ongo24 ing, intensive technical assistance and related 

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1 support from the tribe or tribal education agen2 cy; and 

3 ‘‘(J) provides appropriate social-emotional 

4 and community-oriented support services for 

5 students, and at the discretion of the tribe or 

6 tribal education agency, uses not more than 10 

7 percent of the total grant funds for such serv8 ices. 

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

10 school intervention model in which the Indian tribe 

11 or tribal education agency— 

12 ‘‘(A) converts a school— 

13 ‘‘(i) under a charter or school oper14 ator and charter management organiza15 tion; 

16 ‘‘(ii) under an education management 

17 organization; or 

18 ‘‘(iii) as an autonomous or redesigned 

19 school; 

20 ‘‘(B) implements a rigorous review process 

21 to select such a charter or school operator and 

22 charter management organization, or an edu23 cation management organization, as applicable, 

24 which includes an assurance that such operator 

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1 or organization will make significant changes in 

2 the leadership and staffing of the school; and 

3 ‘‘(C) enrolls in the school any former stu4 dent who wishes to attend the school and who 

5 is within the grades the school services. 

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

7 model is a school intervention model in which the In8 dian tribe or tribal education agency— 

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

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

11 new principal who has demonstrated effective12 ness in turning around a low-performing school; 

13 ‘‘(B) gives a new principal sufficient oper14 ational flexibility (including flexibility in staff15 ing, the school day and school calendar, and 

16 budgeting) to fully implement a comprehensive 

17 approach to improve student outcomes; 

18 ‘‘(C) uses a comprehensive evaluation sys19 tem to evaluate staff, including the use of stu20 dent achievement data to measure the effective21 ness of staff; 

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

23 the school as of the time when the turnaround 

24 model is implemented and retains not more 

25 than 50 percent of such staff; 

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1 ‘‘(E) requires the principal to justify per2 sonnel decisions (such as hiring, dismissal, and 

3 rewards) based on the results of the comprehen4 sive evaluation system; 

5 ‘‘(F) provides staff with ongoing, high6 quality, job-embedded professional development 

7 that— 

8 ‘‘(i) is aligned with the school’s in9 struction program and evaluation system; 

10 ‘‘(ii) facilitates effective teaching and 

11 learning; and 

12 ‘‘(iii) supports the implementation of 

13 school-reform strategies; 

14 ‘‘(G) uses data to— 

15 ‘‘(i) identify and implement a re16 search-based instructional program; 

17 ‘‘(ii) evaluate school improvement 

18 strategies; and 

19 ‘‘(iii) inform differentiated instruction, 

20 in order to meet the academic needs of in21 dividual students; 

22 ‘‘(H) encourages the use of extended learn23 ing time partnerships; 

24 ‘‘(I) establishes schedules and strategies 

25 that provide increased learning time (which 

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1 may include offering full-day kindergarten or a 

2 high-quality preschool program or using a 

3 longer school day, week, or year that increases 

4 the total number of hours at school for the 

5 school year by not fewer than 300 hours) in 

6 order to significantly increase the total number 

7 of school hours to include time for— 

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

9 English, reading or language arts, mathe10 matics, science, foreign language (which 

11 may include a Native American language), 

12 civics and government, economics, arts, 

13 history, and geography; 

14 ‘‘(ii) instruction in traditional and cul15 tural programs; 

16 ‘‘(iii) instruction in other subjects; 

17 ‘‘(iv) enrichment activities, such as 

18 physical education, service learning, and 

19 experiential work-based opportunities; or 

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

21 engage in professional development within 

22 and across grades and subjects; 

23 ‘‘(J) provides ongoing mechanisms for 

24 family, community, and tribal involvement; and 

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1 ‘‘(K) provides appropriate social and emo2 tional community-oriented support services for 

3 students. 

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

5 tribal education agency fails to demonstrate sufficient 

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

7 indicators and leading indicators described in subsection 

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

9 ‘‘(1) modify the existing school intervention 

10 model; or 

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

12 described in subsection (i)(2). 

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

14 appropriated each fiscal year for grants to State edu15 cational agencies and local educational agencies for school 

16 improvement actions under this part, the Secretary shall 

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

18 under this section.’’; and 

19 (6) in section 1118— 

20 (A) in subsection (a)(2)— 

21 (i) in subparagraph (E) by striking 

22 ‘‘and’’ after the semicolon; 

23 (ii) by redesignating subparagraph 

24 (F) as subparagraph (G); and 

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1 (iii) by inserting after subparagraph 

2 (E) the following: 

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

4 Indian children, identify the barriers to effective 

5 involvement of the parents of such children; 

6 and’’; and 

7 (B) in subsection (e)— 

8 (i) by redesignating paragraphs (6) 

9 through (14) as paragraphs (7) through 

10 (15), respectively; and 

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

12 the following: 

13 ‘‘(6) in consultation with Indian tribes and par14 ents of Indian children who are served by any school 

15 that is served by the agency, shall establish mecha16 nisms to overcome barriers to effective Indian paren17 tal involvement, which may include— 

18 ‘‘(A) providing literacy programs and use 

19 of technology training, as needed, for such par20 ents at locations accessible to the homes of such 

21 parents; 

22 ‘‘(B) providing or paying the reasonable 

23 costs of transportation and child care to enable 

24 such parents to participate in literacy promstockstill on DSK4VPTVN1PROD with 

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1 grams, use of technology training, and school2 related meetings; 

3 ‘‘(C) providing training regarding the 

4 roles, rights and responsibilities of such par5 ents, including information about culture-based 

6 education; and 

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

8 tribal education agency to provide the services 

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

10 SEC. 112. STANDARDS-BASED ASSESSMENTS. 

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

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

13 by adding at the end the following: 

14 ‘‘(E) STANDARDS-BASED EDUCATION AS15 SESSMENTS.—Notwithstanding any other provi16 sion of this Act, a State shall develop stand17 ards-based education assessments and class18 room lessons to accommodate diverse learning 

19 styles, which assessments may be used by the 

20 State in place of the general assessments de21 scribed in subparagraph (A).’’. 

22 SEC. 113. NATIVE LANGUAGE TEACHING. 

23 Section 1119 of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6319) is amended by add25 ing at the end the following: 

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1 ‘‘(m) QUALIFICATIONS FOR NATIVE LANGUAGE

2 TEACHERS.— 

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

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

5 on local educational agencies and States with respect 

6 to highly qualified teachers, shall not apply to a 

7 teacher of a Native language. 

8 ‘‘(2) ALTERNATIVE LICENSURE OR CERTIFI9 CATION.—Each State educational agency receiving 

10 assistance under this part shall develop an alter11 native licensure or certification for teachers of a Na12 tive language.’’. 

13 SEC. 114. PREVENTION AND INTERVENTION PROGRAMS 

14 FOR CHILDREN AND YOUTH WHO ARE NE15 GLECTED, DELINQUENT, OR AT-RISK. 

16 Part D of title I of the Elementary and Secondary 

17 Education Act of 1965 (20 U.S.C. 6421 et seq.) is amend18 ed— 

19 (1) in section 1401— 

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

21 the involvement of their families and their com22 munities.’’ after ‘‘their continued education’’; 

23 and 

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

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

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

2 following: 

3 ‘‘(c) RESERVATION FOR THE SECRETARY OF THE IN4 TERIOR.—From the amount appropriated for this part for 

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

6 such funds for the Secretary of the Interior to provide edu7 cational services for at-risk Indian children, including In8 dian youth in correctional facilities operated by the Sec9 retary of the Interior or by an Indian tribe.’’; 

10 (3) in section 1414(c)— 

11 (A) in paragraph (9), by inserting ‘‘, In12 dian tribes, tribal education agencies,’’ after 

13 ‘‘local educational agencies’’; 

14 (B) by redesignating paragraphs (12) 

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

16 respectively; 

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

18 following: 

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

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

21 Indian tribes in the State to determine the needs of 

22 Indian children and youth who are neglected, delin23 quent, or at-risk, including such children and youth 

24 in a correctional facility or institution;’’; 

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

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

3 semicolon; 

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

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

6 end and inserting ‘‘; and’’; and 

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

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

9 under this subpart will utilize curriculum that is cul10 turally appropriate, based on the demographics of 

11 the neglected or delinquent children and youth 

12 served by such program.’’; 

13 (4) in section 1416— 

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

15 after the semicolon; 

16 (B) in paragraph (8), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

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

19 ‘‘(9) includes an assurance that the State agen20 cy has consulted with Indian tribes in the State in 

21 the development of the comprehensive plan under 

22 this part.’’; 

23 (5) in section 1418— 

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

25 (a) and inserting the following: 

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

2 children and youth from State-operated institutions, 

3 or institutions in the State operated by the Sec4 retary of the Interior or Indian tribes, to schools 

5 served by local educational agencies or to schools 

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

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

8 tribes,’’ after local educational agencies; 

9 (C) by redesignating subsection (c) as sub10 section (d); and 

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

12 following: 

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

14 State agency shall consult with Indian tribes in the State 

15 in the development of transition projects, and coordinate 

16 such State projects with transition and reentry projects 

17 operated by such tribes.’’; 

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

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

20 (7) in section 1421— 

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

22 by inserting ‘‘, including correctional facilities 

23 in the State operated by the Secretary of the 

24 Interior or Indian tribes’’ after ‘‘locally oper25 ated correctional facilities’’; and 

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1 (B) in paragraph (3), by inserting ‘‘, in2 cluding schools funded by the Bureau of Indian 

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

4 (8) in section 1422— 

5 (A) in subsection (a), by striking ‘‘(includ6 ing facilities involved in community day pro7 grams).’’ and inserting ‘‘(including facilities in8 volved in community day programs and facili9 ties in the State that are operated by the Sec10 retary of the Interior or Indian tribes).’’; and 

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

12 schools funded by the Bureau of Indian Edu13 cation,’’ after ‘‘returning to local educational 

14 agencies’’; 

15 (9) in section 1423— 

16 (A) in paragraph (2)— 

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

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

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

20 and 

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

22 including such facilities operated by the 

23 Secretary of the Interior and Indian 

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

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1 (B) by redesignating paragraphs (4) 

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

3 respectively; 

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

5 following: 

6 ‘‘(4) a description of the process for consulta7 tion and coordination with Indian tribes in the State 

8 regarding services provided under the program to 

9 Indian children and youth;’’; 

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

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

12 semicolon; 

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

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

15 end and inserting ‘‘; and’’; and 

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

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

18 children and youth served and an assurance that the 

19 curricula and co-curricular activities will be cul20 turally appropriate for such children and youth.’’; 

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

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

23 after the semicolon; 

24 (B) in paragraph (5), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 

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

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

3 youth, including such individuals in correctional fa4 cilities in the area served by the local educational 

5 agency that are operated by the Secretary of the In6 terior or Indian tribes.’’; 

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

8 (12) by redesignating sections 1431 and 1432 

9 as sections 1441 and 1442, respectively; 

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

11 ‘‘Subpart 3—Education Programs for Indian Children 

12 and Youth 

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

14 ‘‘(a) PURPOSE.—The purpose of this section is to au15 thorize an educational program to be known as the ‘Indian 

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

17 shall— 

18 ‘‘(1) carry out high-quality and culturally ap19 propriate education programs to prepare Indian chil20 dren and youth who are in correctional facilities (or 

21 enrolled in community day programs for neglected or 

22 delinquent children and youth) operated by the Sec23 retary of the Interior or Indian tribes for secondary 

24 school completion, training, employment, or further 

25 education; and 

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1 ‘‘(2) to provide activities to facilitate the transi2 tion of such children and youth from the correctional 

3 program to further education or employment. 

4 ‘‘(b) GRANTS AUTHORIZED.— 

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

6 for the Secretary of the Interior under section 

7 1402(c), and subject to paragraph (2), the Secretary 

8 of the Interior shall award grants, on a competitive 

9 basis, to Indian tribes with high numbers or percent10 ages of children and youth in juvenile detention fa11 cilities that are operated by the Secretary of the In12 terior or Indian tribes in order to enable such Indian 

13 tribes to carry out the activities described in section 

14 1434. 

15 ‘‘(2) CONTRACT IN LIEU OF GRANT.—At the re16 quest of an Indian tribe, the Secretary of the Inte17 rior shall enter into a contract under the Indian 

18 Self-Determination and Education Assistance Act 

19 for operation of a program under this subpart in lieu 

20 of making a grant to such tribe. 

21 ‘‘(3) NOTIFICATION.—The Secretary of the In22 terior shall notify Indian tribes of the availability of 

23 funding under this subpart. 

24 ‘‘(c) TRIBAL APPLICATIONS.—Each Indian tribe de25 siring to receive a grant under this subpart shall submit 

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1 an application to the Secretary of the Interior at such 

2 time, in such manner, and accompanied by such informa3 tion as the Secretary of the Interior may require. Each 

4 such application shall include the following: 

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

6 assisted with grant funds under this subpart. 

7 ‘‘(2) A description of any formal agreements re8 garding the program, between the Indian tribe and, 

9 as appropriate— 

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

11 ‘‘(B) 1 or more schools funded by the Bu12 reau of Indian Education; 

13 ‘‘(C) correctional facilities operated by the 

14 Secretary of the Interior or Indian tribes; 

15 ‘‘(D) alternative school programs serving 

16 Indian children and youth who are involved 

17 with the juvenile justice system; or 

18 ‘‘(E) tribal, State, private, or public orga19 nizations or corporations providing education, 

20 skill-building, or reentry services. 

21 ‘‘(3) As appropriate, a description of how par22 ticipating entities will coordinate with facilities work23 ing with delinquent Indian children and youth to en24 sure that such children and youth are participating 

25 in an education program comparable to the edumstockstill on DSK4VPTVN1PROD with 

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1 cation program in the local school that such youth 

2 would otherwise attend. 

3 ‘‘(4) A description of how the program will de4 velop culturally appropriate academic curricula and 

5 co-curricular activities to supplement the educational 

6 program provided by a facility working with delin7 quent Indian children and youth. 

8 ‘‘(5) A description of the program that the In9 dian tribe will carry out for Indian children and 

10 youth returning from correctional facilities. 

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

12 of services that such tribe will provide for such chil13 dren and youth and other at-risk children and youth, 

14 either directly or in cooperation with local edu15 cational agencies and schools funded by the Bureau 

16 of Indian Education. 

17 ‘‘(7) A description of the characteristics (includ18 ing learning difficulties, substance abuse problems, 

19 and other special needs) of the Indian children and 

20 youth who will be returning from correctional facili21 ties and, as appropriate, other at-risk Indian chil22 dren and youth expected to be served by the pro23 gram. 

24 ‘‘(8) A description of how the tribe will coordi25 nate the program with existing educational programs 

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1 of local educational agencies and schools funded by 

2 the Bureau of Indian Education to meet the unique 

3 educational needs of Indian children and youth who 

4 will be returning from correctional facilities and, as 

5 appropriate, other at-risk Indian children and youth 

6 expected to be served by the program. 

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

8 program will coordinate with existing social, health, 

9 and other services to meet the needs of students re10 turning from correctional facilities, including— 

11 ‘‘(A) prenatal health care; 

12 ‘‘(B) nutrition; 

13 ‘‘(C) mental health and substance abuse 

14 services; 

15 ‘‘(D) targeted reentry and outreach pro16 grams; and 

17 ‘‘(E) referrals to community resources re18 lated to the health of the child or youth. 

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

20 State, private or public organizations, or corpora21 tions to develop vocational training, curriculum22 based youth entrepreneurship education, and men23 toring services for participating students. 

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

25 program will involve parents in efforts to— 

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1 ‘‘(A) improve the educational achievement 

2 of their children; 

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

4 and 

5 ‘‘(C) prevent the involvement of their chil6 dren in delinquent activities. 

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

8 this subpart will be coordinated with other Federal, 

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

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

11 and technical education programs serving at-risk 

12 children and youth. 

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

14 coordinated with programs operated under the Juve15 nile Justice and Delinquency Prevent Act of 1974 

16 and other comparable programs, if applicable. 

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

18 schools will make to ensure that correctional facili19 ties working with children and youth are aware of 

20 any existing individualized education programs for 

21 such children or youth. 

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

23 participating schools will take to find alternative 

24 placements for children and youth who are intermstockstill on DSK4VPTVN1PROD with 

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1 ested in continuing their education but unable to 

2 participate in a regular school program. 

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

4 program under this subpart will be coordinated with 

5 other Federal, State, tribal, and local programs serv6 ing at-risk children and youth. 

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

8 program will coordinate with probation officers to 

9 assist in meeting the needs of children and youth re10 turning from correctional facilities. 

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

12 tribes under this subpart may be used for the purposes 

13 described in section 1424. 

14 ‘‘(e) PROGRAM REQUIREMENTS FOR CORRECTIONAL

15 FACILITIES RECEIVING FUNDS UNDER THIS SUBPART.— 

16 Each correctional facility entering into an agreement with 

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

18 to Indian children and youth under this subpart shall— 

19 ‘‘(1) if feasible, ensure that educational pro20 grams in the correctional facility are coordinated 

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

22 case of a student with an individualized education 

23 program under part B of the Individuals with Dis24 abilities Education Act; 

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

2 of special education services while in the correctional 

3 facility, notify such child’s local school; 

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

5 child or youth stay in school, including coordination 

6 of services for the family, counseling, assistance in 

7 accessing drug and alcohol abuse prevention pro8 grams, tutoring, and family counseling; 

9 ‘‘(4) provide support programs that encourage 

10 children and youth who have dropped out of school 

11 to reenter school once their term at the correctional 

12 facility has been completed, or provide such children 

13 and youth with the skills necessary to gain employ14 ment or seek a secondary school diploma or its rec15 ognized equivalent; 

16 ‘‘(5) work to ensure that the correctional facil17 ity is staffed with teachers and other qualified staff 

18 who are trained to work with children and youth 

19 with disabilities, taking into consideration the unique 

20 needs of such children and youth; 

21 ‘‘(6) ensure that education programs in the cor22 rectional facility aim to help students meet high aca23 demic achievement standards; 

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

25 assist in coordinating educational programs between 

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1 the correctional facility and participating program 

2 partners; 

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

4 improve the educational achievement of their chil5 dren and prevent the further involvement of such 

6 children in delinquent activities; 

7 ‘‘(9) coordinate funds received under this sub8 part with other local, State, tribal, and Federal 

9 funds available to provide services to participating 

10 children and youth, such as funds made available 

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

12 and technical education funds; 

13 ‘‘(10) coordinate programs operated under this 

14 subpart with activities funded under the Juvenile 

15 Justice and Delinquency Prevention Act of 1974 and 

16 other comparable programs, if applicable; and 

17 ‘‘(11) work with local partners to develop train18 ing, curriculum-based youth entrepreneurship edu19 cation, and mentoring programs for children and 

20 youth. 

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

22 Indian tribe that receives assistance under this subpart, 

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

24 are available, provide technical assistance— 

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

2 funded under this subpart; 

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

4 professionals to assist in the delivery of services 

5 under such program; and 

6 ‘‘(3) to perform the program evaluations re7 quired by section 1441. 

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

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

10 ‘‘(1) to decrease the number of incarcerated In11 dian children and youth; 

12 ‘‘(2) to decrease the rate of high school drop13 outs among Indian youth; 

14 ‘‘(3) to provide educational alternatives to in15 carceration for at-risk Indian children and youth; 

16 and 

17 ‘‘(4) to increase community and family involve18 ment in the education of at-risk Indian children and 

19 youth. 

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

21 ‘eligible entity’ means— 

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

23 tribal organization; 

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1 ‘‘(2) a Bureau-funded school, as defined in sec2 tion 1141 of the Education Amendments of 1978 

3 (25 U.S.C. 2021); 

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

5 a tribe, tribal education agency, or tribal organiza6 tion; or 

7 ‘‘(4) a State educational agency or local edu8 cational agency in consortium with a tribe, tribal 

9 education agency or tribal organization, as defined 

10 in section 4 of the Indian Self-Determination and 

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

12 ‘‘(c) PROGRAM AUTHORIZED.— 

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

14 the Secretary is authorized to award grants to eligi15 ble entities having applications approved under this 

16 section to enable such entities to carry out the ac17 tivities described in subsection (d). 

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

19 tribe, the Secretary shall transfer program funding 

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

21 a contract under the Indian Self-Determination and 

22 Education Assistance Act with the tribe for oper23 ation of a program under this section in lieu of mak24 ing a grant to such tribe. 

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

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

3 and not more than 5 years. 

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

5 this section shall be used for activities to provide edu6 cational alternatives for Indian youth who have been sen7 tenced to incarceration or juvenile detention, in a manner 

8 consistent with the purposes of this section. Such activities 

9 may include— 

10 ‘‘(1) half- or full-day alternative education pro11 grams for disruptive youth who are temporarily sus12 pended; 

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

14 prevention programs; 

15 ‘‘(3) truancy prevention programs; 

16 ‘‘(4) multi-year alternative educational pro17 grams; and 

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

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

20 grant under this section shall submit an application to the 

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

22 by such information as the Secretary may require. Each 

23 such application shall include the following: 

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

25 assisted with grant funds under this subpart. 

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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; or 

9 ‘‘(D) tribal, State, private, or public orga10 nizations or corporations providing education, 

11 skill-building, or reentry services. 

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

13 program will develop culturally appropriate academic 

14 curriculum and co-curricular activities. 

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

16 of services that the eligible entity will provide to at17 risk Indian children, youth, and families. 

18 ‘‘(5) As appropriate, a description of any part19 nerships with tribal, local, or State law enforcement 

20 or judicial systems to provide education alternatives 

21 to detention and wrap around services, which may 

22 include— 

23 ‘‘(A) behavioral health services; 

24 ‘‘(B) family counseling; 

25 ‘‘(C) teen pregnancy counseling; 

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1 ‘‘(D) substance abuse services; 

2 ‘‘(E) alcohol abuse services; or 

3 ‘‘(F) job training. 

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

5 activities to develop educational plans for at-risk In6 dian children and youth who are transitioning back 

7 to a local educational agency or earning a secondary 

8 school diploma, or the recognized equivalent of a sec9 ondary school diploma. 

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

11 a grant under this section shall— 

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

13 once every 3 years, to determine the program’s suc14 cess, consistent with the purposes of this section; 

15 and 

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

17 the information described in paragraph (1) to the 

18 Secretary, the Coordinating Council on Juvenile Jus19 tice and Delinquency Prevention, and Indian tribes. 

20 ‘‘(g) DEFINITION.—The term ‘tribal education agen21 cy’ means— 

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

23 federally recognized American Indian and Alaska 

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

25 Self-Determination and Education Assistance Act 

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1 (25 U.S.C. 450b)) that is primarily responsible for 

2 regulating, administering, or supervising the formal 

3 education of tribal members; and 

4 ‘‘(2) includes tribal education departments, 

5 tribal divisions of education, tribally sanctioned edu6 cation authorities, tribal education administrative 

7 planning and development agencies, tribal education 

8 agencies, and tribal administrative education enti9 ties. 

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

11 purpose of carrying out this subpart, there are authorized 

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

13 such sums as may be necessary for each of the 5 suc14 ceeding fiscal years.’’; 

15 (14) in section 1441, as redesignated by para16 graph (12)— 

17 (A) in subsection (a)— 

18 (i) in the matter preceding paragraph 

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

20 local educational agency that conducts a 

21 program under subpart 1 or 2 shall’’ and 

22 inserting ‘‘Each State agency, local edu23 cational agency, or Indian tribe that con24 ducts a program evaluation under subpart 

25 1, 2, or 3 shall’’; and 

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

2 school funded by the Bureau of Indian 

3 Education’’ after ‘‘local educational agen4 cy’’; 

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

6 agency or local educational agency’’ and insert7 ing ‘‘a State agency, local educational agency, 

8 or Indian tribe’’; and 

9 (C) by striking subsection (d) and insert10 ing the following: 

11 ‘‘(d) EVALUATION RESULTS.— 

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

13 educational agency, and Indian tribe shall— 

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

15 educational agency and the Secretary; and 

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

17 this section to plan and improve subsequent 

18 programs for participating children and youth. 

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

20 also submit evaluation results to the Secretary of the 

21 Interior. 

22 ‘‘(e) EVALUATION OF PROGRAMS FOR AT-RISK IN23 DIAN YOUTH.— 

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

25 after the date of enactment of the Native Culture, 

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1 Language, and Access for Success in Schools Act, 

2 the Secretary and the Secretary of the Interior, in 

3 collaboration with the Attorney General, shall pre4 pare a report that— 

5 ‘‘(A) compiles demographic information 

6 about at-risk Indian youth, including Indian 

7 youth in correctional facilities operated by the 

8 Department of the Interior and Indian tribes; 

9 ‘‘(B) evaluates existing educational pro10 grams for at-risk Indian youth; and 

11 ‘‘(C) provides recommendations for im12 provement of such educational programs. 

13 ‘‘(2) SUBMISSION TO CONGRESSIONAL COMMIT14 TEES.—The Secretary and the Secretary of the Inte15 rior shall submit the report described in paragraph 

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

17 Committee and the Indian Affairs Committee of the 

18 Senate, the Committee on Education and the Work19 force and the Committee on Natural Resources of 

20 the House of Representatives, and to Indian 

21 tribes.’’; 

22 (15) in section 1442, as redesignated by para23 graph (12), by inserting at the end the following: 

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

25 means any Indian tribe, band, nation, other orgamstockstill on DSK4VPTVN1PROD with 

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1 nized group or community, including any Alaska Na2 tive village or Regional Corporation or Village Cor3 poration as defined in or established pursuant to the 

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

5 1601 et seq.), which is recognized as eligible for the 

6 special programs and services provided by the 

7 United States to Indians because of their status as 

8 Indians.’’; and 

9 (16) in section 1903(b)(2)— 

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

11 ‘‘and’’ after the semicolon; 

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

13 period and inserting ‘‘; and’’; and 

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

15 ‘‘(H) representatives of Indian tribes lo16 cated in the State.’’. 

17 Subtitle B—Preparing, Training, 

18 and Recruiting High-Quality 

19 Teachers and Principals 

20 SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH21 QUALITY TEACHERS AND PRINCIPALS. 

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

23 (1) in part A— 

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

2 2102 (20 U.S.C. 6602) and inserting the fol3 lowing: 

4 ‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGEN5 CY.—The term ‘high-need local educational agency’ 

6 means— 

7 ‘‘(A) a local educational agency— 

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

9 10,000 children from families with incomes 

10 below the poverty line; or 

11 ‘‘(II) for which not less than 20 per12 cent of the children served by the agency 

13 are from families with incomes below the 

14 poverty line; and 

15 ‘‘(ii)(I) for which there is a high per16 centage of teachers not teaching in the 

17 academic subjects or grade levels that the 

18 teachers were trained to teach; or 

19 ‘‘(II) for which there is a high per20 centage of teachers with emergency, provi21 sional, or temporary certification or licens22 ing; or 

23 ‘‘(B) a school funded by the Bureau of In24 dian Education.’’; 

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

2 2111(b)(1)(A) (20 U.S.C. 6611(b)(1)(A)) and 

3 inserting the following: 

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

5 the Interior to be distributed to schools op6 erated or funded by the Bureau of Indian 

7 Education, as provided in section 

8 2123(c).’’; 

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

10 6613(c)(18))— 

11 (i) in subparagraph (A) by striking 

12 ‘‘and’’ after the semicolon; 

13 (ii) in subparagraph (B) by striking 

14 the period and inserting ‘‘; and’’; and 

15 (iii) by inserting at the end the fol16 lowing: 

17 ‘‘(C) provides access to clearinghouse in18 formation to schools in the State that are fund19 ed by the Bureau of Indian Education.’’; 

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

21 (i) in subsection (b)— 

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

23 ‘‘, including Indian students,’’ after 

24 ‘‘minority students’’; and 

25 (II) in paragraph (9)— 

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1 (aa) in subparagraph (C) by 

2 striking ‘‘and’’ after the semi3 colon; 

4 (bb) in subparagraph (D) by 

5 striking the period at the end 

6 and inserting ‘‘; and’’; and 

7 (cc) by adding at the end 

8 the following: 

9 ‘‘(E) for teachers in schools that serve In10 dian children, become familiar with the Indian 

11 communities served by the local educational 

12 agency and incorporate culturally responsive 

13 teaching and learning strategies for Indian chil14 dren into the educational program.’’; and 

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

16 in the case of a local educational agency 

17 that serves an Indian tribal community, 

18 representatives of Indian tribes,’’ after 

19 ‘‘part A of title I’’; 

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

21 (i) in subsection (a)(3)— 

22 (I) in subparagraph (B)— 

23 (aa) in clause (ii), by insert24 ing ‘‘students from Indian res25 ervation communities,’’ after 

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1 ‘‘(including students who are 

2 gifted and talented),’’; 

3 (bb) in clause (iv), by strik4 ing ‘‘limited English proficient 

5 and immigrant children; and’’ 

6 and inserting ‘‘children from In7 dian reservation communities, 

8 limited English proficient chil9 dren, and immigrant children;’’; 

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

11 the period at the end and insert12 ing ‘‘; and’’; and 

13 (dd) by inserting at the end 

14 the following: 

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

16 agency that serves Indian children, provide 

17 training in effective incorporation of cul18 turally responsive teaching and learning 

19 strategies for Indian children.’’; and 

20 (II) in subparagraph (D), by in21 serting ‘‘Indian students,’’ after ‘‘dis22 advantaged families,’’; and 

23 (ii) by adding at the end the fol24 lowing: 

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

2 school funded by the Bureau of Indian Education that re3 ceives funds reserved under section 2111(b)(1)(A)(ii) shall 

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

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

6 improve housing, as needed to recruit and retain highly 

7 qualified teachers and principals.’’; 

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

9 6631(1))— 

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

11 ‘‘, or a tribally controlled college or univer12 sity (as defined in section 2 of the Tribally 

13 Controlled Colleges and Universities As14 sistance Act of 1978 (25 U.S.C. 1801))’’ 

15 after ‘‘principals’’; and 

16 (ii) in subparagraph (B) by inserting 

17 ‘‘an Indian tribe,’’ after ‘‘principal organi18 zation,’’; and 

19 (G) by inserting after subpart 5, the fol20 lowing: 

21 ‘‘Subpart 6—Indian Educator Scholarship Program 

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

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

24 the United States trust responsibility for the education of 

25 Indian children, and to provide a more stable base of edumstockstill on DSK4VPTVN1PROD with 

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1 cation professionals to serve in public elementary schools 

2 and secondary schools with a significant number of Indian 

3 students and schools funded by the Bureau of Indian Edu4 cation, the Secretary shall make scholarship grants to In5 dians who are enrolled full- or part-time in appropriately 

6 accredited institutions of higher education and pursuing 

7 a course of study in elementary and secondary education 

8 or school administration. Such scholarships shall be des9 ignated Indian educator scholarships and shall be made 

10 in accordance with this section. 

11 ‘‘(b) ELIGIBILITY.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall deter13 mine the applicants who will receive scholarships 

14 under subsection (a). 

15 ‘‘(2) CRITERIA.—In order to be eligible for par16 ticipation in the Indian educator scholarship pro17 gram, an individual must— 

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

19 7151; 

20 ‘‘(B) be accepted for enrollment, or be en21 rolled, as a full- or part-time student in a 

22 course of study in elementary and secondary 

23 education or school administration at an appro24 priately accredited institution of higher edu25 cation; 

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1 ‘‘(C) submit an application to participate 

2 in the Indian educator scholarship program at 

3 such time and in such manner as the Secretary 

4 shall determine; and 

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

6 the time that such application is submitted, a 

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

8 ‘‘(c) CONTENTS OF CONTRACT.— 

9 ‘‘(1) IN GENERAL.—The written contract be10 tween the Secretary and the individual, as described 

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

12 ‘‘(A) A statement that the Secretary 

13 agrees to provide the individual with a scholar14 ship, as described in subsection (d), in each 

15 school year or years for a period during which 

16 such individual is pursuing a course of study in 

17 elementary and secondary education or school 

18 administration at an appropriately accredited 

19 institution of higher education. 

20 ‘‘(B) A statement that the individual 

21 agrees— 

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

23 educator scholarship; 

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1 ‘‘(ii) to maintain enrollment in such 

2 course of study until the individual com3 pletes the course of study; 

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

5 study, to maintain an acceptable level of 

6 academic standing (as determined by the 

7 Secretary, taking into account the require8 ments of the educational institution offer9 ing such course of study); and 

10 ‘‘(iv) to serve through full-time em11 ployment at an eligible school for a time 

12 period (referred to in this section as the 

13 ‘period of obligated service’) equal to the 

14 greater of— 

15 ‘‘(I) 1 year for the equivalent of 

16 each school year for which the indi17 vidual was provided a scholarship 

18 under the Indian educator scholarship 

19 program; or 

20 ‘‘(II) 2 years. 

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

22 the United States is entitled, under subsection 

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

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

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1 vidual, in accordance with the provisions of this 

2 section. 

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

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

5 shall meet the requirement for the period of ob6 ligated service under the written contract be7 tween the individual and the Secretary, as de8 scribed in paragraph (1), if such individual is 

9 employed full-time— 

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

11 of Indian Education; or 

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

13 significant number of Indian students. 

14 ‘‘(B) DEFERMENT FOR ADVANCED

15 STUDY.—At the request of an individual who 

16 has entered into a contract described in this 

17 subsection and who has receive a baccalaureate 

18 degree in education, the Secretary shall defer 

19 the period of obligated service of such individual 

20 under such contract to enable such individual to 

21 complete a course of study leading to an ad22 vanced degree in education, or needed to be23 come certified for an appropriate period (in 

24 years, as determined by the Secretary), subject 

25 to the following conditions: 

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

2 not be counted as satisfying any period of 

3 obligated service that is required under 

4 this section. 

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

6 the individual shall commence at the later 

7 of— 

8 ‘‘(I) 90 days after the completion 

9 of the advanced course of study; 

10 ‘‘(II) at the commencement of 

11 the first school year that begins after 

12 the completion of the advanced course 

13 of study; or 

14 ‘‘(III) by a date specified by the 

15 Secretary. 

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

17 an individual receiving a scholarship under this 

18 section who is enrolled part-time in an approved 

19 course of study— 

20 ‘‘(i) a scholarship under this section 

21 shall be for a period of years not to exceed 

22 the part-time equivalent of 4 years, as de23 termined by the Secretary; 

24 ‘‘(ii) the period of obligated service 

25 shall be equal to the greater of— 

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

2 year for each year for which the indi3 vidual was provided a scholarship, as 

4 determined by the Secretary; or 

5 ‘‘(II) 2 years; and 

6 ‘‘(iii) the amount of the monthly sti7 pend specified in subsection (d) shall be re8 duced pro rata, as determined by the Sec9 retary, based on the number of hours of 

10 study in which such individual is enrolled. 

11 ‘‘(d) SCHOLARSHIP.— 

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

13 student under the Indian educator scholarship pro14 gram for a school year shall consist of payment to, 

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

16 the student in the amount of— 

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

18 school year or, for a part-time student, the tui19 tion for the appropriate portion of the school 

20 year; 

21 ‘‘(B) all other reasonable educational ex22 penses, including fees, books, and laboratory ex23 penses, incurred by the student in such school 

24 year; and 

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1 ‘‘(C) a stipend of $800 per month (ad2 justed in accordance with paragraph (3)) for 

3 each of the 12 consecutive months beginning 

4 with the first month of such school year. 

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

6 EDUCATION.—The Secretary may contract with an 

7 institution of higher education in which a participant 

8 in the Indian educator scholarship program is en9 rolled for the payment to such institution of the 

10 amounts of tuition and other reasonable educational 

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

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

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

14 title 31. 

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

16 stipend described in paragraph (1)(C) shall be in17 creased by the Secretary for each school year ending 

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

19 by an amount (rounded to the next highest multiple 

20 of $1) equal to the amount of such stipend multi21 plied by the overall percentage (under section 5303 

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

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

24 Schedule made effective in the fiscal year in which 

25 such school year ends. 

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1 ‘‘(e) LIABILITY; FAILURE TO COMPLETE THE PE2 RIOD OF OBLIGATED SERVICE; REPAYMENT.— 

3 ‘‘(1) LIABILITY.—An individual who has en4 tered into a written contract with the Secretary 

5 under this section shall be liable to the United 

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

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

8 individual— 

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

10 of academic standing in the institution of high11 er education in which the individual is enrolled 

12 (as determined by the Secretary taking into ac13 count the requirements of the educational insti14 tution offering such course of study); 

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

16 higher education for disciplinary reasons; 

17 ‘‘(C) voluntarily terminates the training in 

18 such institution of higher education for which 

19 such individual is provided a scholarship under 

20 such contract before the completion of such 

21 training; or 

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

23 the institution of higher education in which 

24 such individual is enrolled not to accept pay25 ment, under this section. 

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

2 OBLIGATED SERVICE.— 

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

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

5 (1), an individual breaches the written contract 

6 under this section by failing either to begin 

7 such individual’s period of obligated service or 

8 failing to complete such obligation, the United 

9 States shall be entitled to recover from the indi10 vidual an amount determined in accordance 

11 with the following formula: 

‘‘A = 3Z(t–s/t) 

12 ‘‘in which— 

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

14 entitled to recover; 

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

16 under this section to, or on behalf of, the indi17 vidual and the interest on such amounts which 

18 would be payable if, at the time the amounts 

19 were paid, they were loans bearing interest at 

20 the maximum legal prevailing rate, as deter21 mined by the Treasurer of the United States; 

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

23 the individual’s period of obligated service in 

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1 accordance with subsection (c)(2) of this sec2 tion; and 

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

4 period served by such individual in accordance 

5 with this section. 

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

7 within such period shall be subject to collection 

8 through deductions in Medicare payments pursuant 

9 to section 1395ccc of title 42. 

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

11 SERVICE.—An individual who has entered into a 

12 written contract with the Secretary under this sec13 tion may petition the Secretary to delay the date on 

14 which the individual would otherwise be required to 

15 begin the period of obligated service if such indi16 vidual has not succeeded in obtaining employment 

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

18 the individual shall supply such reasonable informa19 tion as the Secretary may require. The Secretary 

20 shall retain full discretion whether to grant or de21 cline such a delay and to determine the duration of 

22 any delay that is granted. 

23 ‘‘(3) REPAYMENT.— 

24 ‘‘(A) IN GENERAL.—Any amount of dam25 ages which the United States is entitled to remstockstill on DSK4VPTVN1PROD with 

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1 cover under this subsection shall be paid to the 

2 United States within the 1-year period begin3 ning on the date of the breach or such longer 

4 period beginning on such date as shall be speci5 fied by the Secretary. 

6 ‘‘(B) RECOVERY OF DAMAGES.—If dam7 ages described in subparagraph (A) are delin8 quent for 3 months, the Secretary shall, for the 

9 purpose of recovering such damages— 

10 ‘‘(i) utilize collection agencies con11 tracted with by the Administrator of the 

12 General Services Administration; or 

13 ‘‘(ii) enter into contracts for the re14 covery of such damages with collection 

15 agencies selected by the Secretary. 

16 ‘‘(C) CONTRACTS FOR RECOVERY OF DAM17 AGES.—Each contract for recovering damages 

18 pursuant to this subsection shall provide that 

19 the contractor will, not less than once every 6 

20 months, submit to the Secretary a status report 

21 on the success of the contractor in collecting 

22 such damages. Section 3718 of title 31 shall 

23 apply to any such contract to the extent not in24 consistent with this subsection. 

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

2 who receives, or has received, an Indian educator 

3 scholarship, any obligation of such individual for 

4 service or payment that relates to such scholarship 

5 shall be canceled. 

6 ‘‘(5) WAIVER.— 

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

8 shall provide for the partial or total waiver or 

9 suspension of any obligation of service or pay10 ment of a recipient of an Indian educator schol11 arship, if the Secretary determines that— 

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

13 to meet the obligation or make the pay14 ment; 

15 ‘‘(ii) requiring the recipient to meet 

16 the obligation or make the payment would 

17 result in extreme hardship to the recipient; 

18 or 

19 ‘‘(iii) the enforcement of the require20 ment to meet the obligation or make the 

21 payment would be unconscionable. 

22 ‘‘(B) PERMISSIBLE WAIVER.—Notwith23 standing any other provision of law, in any case 

24 of extreme hardship or for other good cause 

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

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1 part, the right of the United States to recover 

2 funds made available under this section. 

3 ‘‘(6) BANKRUPTCY.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), and notwithstanding any other pro6 vision of law, with respect to a recipient of an 

7 Indian educator scholarship, no obligation for 

8 payment may be released by a discharge in 

9 bankruptcy under title 11. 

10 ‘‘(B) EXCEPTION.—The prohibition de11 scribed in subparagraph (A) shall not apply if— 

12 ‘‘(i) such discharge is granted after 

13 the expiration of the 5-year period begin14 ning on the initial date on which that pay15 ment is due; and 

16 ‘‘(ii) the bankruptcy court finds that 

17 the nondischarge of the obligation would be 

18 unconscionable. 

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

20 assist the recipient of an Indian educator scholarship in 

21 learning about placement opportunities in eligible schools 

22 by transmitting the name and educational credentials of 

23 such recipient to— 

24 ‘‘(1) State educational agency clearinghouses 

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1 mentary school, and secondary school teachers and 

2 administrators in States with a substantial number 

3 of Indian children; 

4 ‘‘(2) elementary schools and secondary schools 

5 funded by the Bureau of Indian Education; and 

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

7 section 1116A(b)). 

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

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

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

11 a grant or scholarship awarded under this section. 

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

13 purpose of carrying out this section, there are authorized 

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

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

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

17 section 2202(a)(2) (20 U.S.C. 6662(a)(2)) and in18 serting the following: 

19 ‘‘(B) ALLOTMENT.—From the amount 

20 made available under this part for a fiscal year 

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

22 the Secretary shall allot— 

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

24 Secretary of the Interior for grants involvmstockstill on DSK4VPTVN1PROD with 

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1 ing schools funded by the Bureau of Edu2 cation; and 

3 ‘‘(ii) the amount remaining after 

4 funds are distributed in accordance with 

5 clause (i), to the State educational agen6 cies in proportion to the number of chil7 dren aged 5 to 17, who are from families 

8 with incomes below the poverty line and re9 side in a State for the most recent fiscal 

10 year for which satisfactory data are avail11 able, as compared to the number of such 

12 children who reside in all such States for 

13 such year.’’; and 

14 (3) in part C— 

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

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

17 charter schools, or schools funded by the Bu18 reau of Indian Education’’; and 

19 (B) in section 2304— 

20 (i) in subsection (a)(1)(B), by insert21 ing ‘‘or with a school funded by the Bu22 reau of Indian Education,’’ after section 

23 ‘‘2101’’; and 

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

25 preceding subparagraph (A), by striking 

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1 ‘‘or public charter school’’ and inserting 

2 ‘‘public charter school, or school funded by 

3 the Bureau of Indian Education’’. 

4 Subtitle C—Native American 

5 Languages Programs 

6 SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS OF IN7 DIAN STUDENTS THROUGH NATIVE AMER8 ICAN LANGUAGES PROGRAMS. 

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

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

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

12 ‘‘SEC. 3117. IMPROVEMENT OF ACADEMIC SUCCESS OF IN13 DIAN STUDENTS THROUGH NATIVE AMER14 ICAN LANGUAGES PROGRAMS. 

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

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

17 American Indian and Alaska Native students 

18 through Native American languages programs; and 

19 ‘‘(2) to foster the acquisition of Native Amer20 ican languages. 

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

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

23 with respect to the number of hours of instruction 

24 through the use of a Native American language, 

25 means the aggregate number of hours of instruction 

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1 through the use of a Native American language to 

2 all students enrolled in a Native American language 

3 program during a school year divided by the total 

4 number of students enrolled in the program. 

5 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en6 tity’ means— 

7 ‘‘(A) a local educational agency; 

8 ‘‘(B) an Indian tribe; 

9 ‘‘(C) an Indian organization; 

10 ‘‘(D) a federally supported elementary 

11 school or secondary school for Indian children; 

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

13 Indian institution of higher education); or 

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

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

16 ‘‘(c) GRANTS AUTHORIZED.— 

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

18 grants to eligible entities to enable such entities to 

19 carry out the activities described in this section. 

20 ‘‘(2) DURATION.— 

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

22 award grants under this section on a multi-year 

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

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

25 this section may be renewed. 

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1 ‘‘(d) APPLICATIONS.— 

2 ‘‘(1) IN GENERAL.—Each eligible entity desir3 ing a grant under this section shall submit an appli4 cation to the Secretary at such time, in such man5 ner, and accompanied by such information as the 

6 Secretary may reasonably require, in addition to the 

7 information required in this section. 

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

9 under paragraph (1) shall include a certification 

10 from the eligible entity that the entity has not less 

11 than 3 years of experience in operating and admin12 istering a Native American language program or any 

13 other educational program in which instruction is 

14 conducted in a Native American language. 

15 ‘‘(e) USES OF GRANT FUNDS.— 

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

17 receives a grant under this section shall use the 

18 grant funds for the following activities: 

19 ‘‘(A) Native American language programs, 

20 which are site-based educational programs 

21 that— 

22 ‘‘(i) provide instruction through the 

23 use of a Native American language for not 

24 less than 10 children for an average of not 

25 less than 500 hours; 

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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 

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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 

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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 

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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. 

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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. 

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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 

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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 

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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 

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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 

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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). 

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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.’’. 

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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 

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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: 

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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 

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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 

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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)— 

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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 Secmstockstill on DSK4VPTVN1PROD with 

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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)— 

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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: 

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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,’’ 

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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: 

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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 lanmstockstill on DSK4VPTVN1PROD with 

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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; 

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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.’’. 

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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— 

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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;’’; 

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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 

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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 

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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.’’. 

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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 

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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— 

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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; 

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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. 

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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 

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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). 

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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.’’. 

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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 

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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. 

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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, 

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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. 

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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 

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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. 

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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, 

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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.— 

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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 elemstockstill on DSK4VPTVN1PROD with 

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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 sysmstockstill on DSK4VPTVN1PROD with 

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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; 

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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 availmstockstill on DSK4VPTVN1PROD with 

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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. 

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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 

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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 

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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 

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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 

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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 

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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 

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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: 

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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 

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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 

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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. 

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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; 

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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— 

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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, 

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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. 

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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 

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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.— 

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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 

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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 

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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)— 

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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: 

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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 

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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; 

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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 

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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. 

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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 

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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 

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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)’’. 

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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. 

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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 

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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 

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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 

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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 

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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— 

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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 

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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 

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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— 

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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 

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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— 

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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); 

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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 

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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). 

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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— 

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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. 

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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 edumstockstill on DSK4VPTVN1PROD with 

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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 

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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 

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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 

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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). 

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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 

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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 

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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; 

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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. 

21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

22 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na23 tive Culture, Language, and Access for Success in Schools 

24 Act’’. 

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 

Subtitle A—Improving the Academic Achievement of the Disadvantaged 

Sec. 111. Improving the education of students. 

Sec. 112. Prevention and intervention programs for children and youth who are 

neglected, delinquent, or at-risk. 

Sec. 113. State administration. 

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 educational agency agreements. 

Subtitle D—21st Century Schools 

Sec. 141. Safe and healthy schools for Native American students. 

Subtitle E—Centers for Innovation in Tribally Directed Education 

Sec. 151. Centers for Innovation in Tribally Directed Education. 

Sec. 152. Authorization of appropriations. 

Subtitle F—Indian, Native Hawaiian, and Alaska Native Education 

PART I—INDIAN EDUCATION

Sec. 161. Purpose. 

Sec. 162. Purpose of formula grants. 

Sec. 163. Grants to local educational agencies and tribes. 

Sec. 164. Amount of grants. 

Sec. 165. Applications. 

Sec. 166. Authorized services and activities. 

Sec. 167. Student eligibility forms. 

Sec. 168. Technical assistance. 

Sec. 169. Amendments relating to tribal colleges and universities. 

Sec. 170. Tribal educational agency cooperative agreements. 

Sec. 171. Tribal educational agencies pilot project. 

Sec. 172. Improving support for teachers and administrators of Native American 

students. 

Sec. 173. National board certification incentive demonstration program. 

Sec. 174. Tribal language immersion schools. 

Sec. 175. Coordination of Indian student information. 

Sec. 176. Authorization of appropriations. 

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PART II—NATIVE HAWAIIAN EDUCATION

Sec. 177. Findings. 

Sec. 178. Purposes. 

Sec. 179. Native Hawaiian Education Council Grant. 

Sec. 180. Grant program authorized. 

Sec. 181. Administrative provisions; authorization of appropriations. 

Sec. 182. Definitions. 

Subtitle G—Impact Aid 

Sec. 185. Impact aid. 

Subtitle H—General Provisions 

Sec. 191. Highly qualified definition. 

Sec. 192. Applicability of ESEA to Bureau of Indian Education schools. 

Sec. 193. Increased access to resources for tribal schools, schools served by the Bureau of Indian Education, and Native American students. 

TITLE II—AMENDMENTS TO OTHER LAWS 

Sec. 201. Amendments to the American Recovery and Reinvestment Act of 2009 

to provide funding for Indian programs. 

Sec. 202. Qualified scholarships for education and cultural benefits. 

Sec. 203. Tribal Education Policy Advisory Group. 

Sec. 204. Division of budget analysis. 

Sec. 205. Tribal educational agencies. 

Sec. 206. Qualified school construction bond escrow account. 

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

Sec. 208. Workforce Investment Act of 1998. 

Sec. 209. Technical amendments to Tribally Controlled Schools Act of 1988. 

Sec. 210. Exemption from eligibility application. 

Sec. 211. Tribal colleges and universities American indian language vitalization 

and training program. 

Sec. 212. Administrative cost grants for tribally operated schools. 

Sec. 213. Tribal member student records. 

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. Tribal self-governance feasibility study. 

Sec. 307. Establishment of Center for Indigenous Excellence. 

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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 1001 (20 U.S.C. 6301), by insert12 ing ‘‘, and accommodating Federal Native American 

13 language law in education’’ before the semicolon; 

14 (2) in section 1111 (20 U.S.C. 6311)— 

15 (A) in subsection (a), by inserting ‘‘rep16 resentatives of Indian tribes located in the 

17 State,’’ after ‘‘other staff,’’; 

18 (B) in subsection (b)— 

19 (i) in paragraph (3)— 

20 (I) in subparagraph (C)(ix)— 

21 (aa) in subclause (I), by in22 serting ‘‘taught through non-Na23 tive American languages’’ before 

24 the semicolon at the end; and 

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1 (bb) in subclause (III), by 

2 inserting ‘‘taught through non-Na3 tive American languages’’ after 

4 ‘‘proficient students’’; and 

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

7 ‘‘(E) STANDARDS-BASED EDUCATION AS8 SESSMENTS.—Notwithstanding any other provi9 sion of this Act, a State shall develop standards10 based education assessments and classroom les11 sons to accommodate diverse learning styles, 

12 which assessments may be used by the State in 

13 place of the general assessments described in sub14 paragraph (A).’’; and 

15 (ii) in paragraph (8), by striking 

16 ‘‘1112(c)(1)(D)’’ and inserting 

17 ‘‘1112(c)(1)(E)’’; 

18 (C) in subsection (c)— 

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

20 ‘‘and’’ after the semicolon; 

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

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

23 and 

24 (iii) by adding at the end the fol25 lowing: 

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

2 in timely and meaningful consultation with rep3 resentatives of Indian tribes located in the State in 

4 the development of the State plan to serve local edu5 cational agencies under the State’s jurisdiction, in 

6 order to— 

7 ‘‘(A) improve the coordination of activities 

8 under this Act; 

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

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

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

12 (D) in subsection (m), by adding at the end 

13 the following: 

14 ‘‘(4) If such school has been approved, in accord15 ance with section 1116(g), for use of an alternative 

16 definition of adequate yearly progress, the school may 

17 adopt an appropriate assessment that— 

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

19 with the approval of, the Secretary of the Inte20 rior; and 

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

22 this section.’’; and 

23 (E) by adding at the end the following: 

24 ‘‘(n) RULES OF CONSTRUCTION ON NATIVE AMERICAN

25 LANGUAGES.—Nothing in this title shall be construed to 

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1 limit the preservation or use of Native American lan2 guages.’’; and 

3 (3) in section 1112 (20 U.S.C. 6312)— 

4 (A) in subsection (b)(1)— 

5 (i) by redesignating subparagraphs (F) 

6 through (Q) as subparagraphs (G) through 

7 (R), respectively; and 

8 (ii) by inserting after subparagraph 

9 (E), the following: 

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

11 local educational agency will use to engage in 

12 timely, ongoing, and meaningful consultation 

13 with representatives of Indian tribes located in 

14 the area served by the local education agency in 

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

16 ‘‘(i) improve the coordination of activi17 ties under this Act; 

18 ‘‘(ii) meet the purpose of this title; and 

19 ‘‘(iii) meet the unique cultural, lan20 guage, and educational needs of Indian stu21 dents;’’; 

22 (B) in subsection (c)(1)— 

23 (i) by redesignating subparagraphs (D) 

24 through (O) as subparagraphs (E) through 

25 (P), respectively; and 

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1 (ii) by inserting after subparagraph 

2 (C), the following: 

3 ‘‘(D) engage in timely and meaningful con4 sultation with representatives of Indian tribes lo5 cated in the area served by the local educational 

6 agency;’’; and 

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

8 other appropriate school personnel,’’ and insert9 ing ‘‘other appropriate school personnel, and 

10 representatives of Indian tribes located in the 

11 area served by the local educational agency,’’; 

12 (4) in section 1115(b)(2)(A) (20 U.S.C. 

13 6315(b)(2)(A)), by inserting ‘‘, Indian children,’’ after 

14 ‘‘migrant children’’; 

15 (5) in section 1116 (20 U.S.C. 6316)— 

16 (A) in subsection (b)(3)(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 school,’’ after ‘‘school staff,’’; 

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

22 after the semicolon; 

23 (iii) in clause (x), by striking the pe24 riod at the end and inserting ‘‘; and’’; and 

25 (iv) by adding at the end the following: 

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

2 school receives funds described in title VII, 

3 the school will continue to direct such funds 

4 to the activities described in title VII.’’; 

5 (B) in subsection (c)(7)(A)— 

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

7 by inserting ‘‘representatives of Indian 

8 tribes located in the area served by the local 

9 educational agency,’’ after ‘‘school staff,’’; 

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

11 after the semicolon; 

12 (iii) in clause (viii), by striking the 

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

14 and 

15 (iv) by adding at the end the following: 

16 ‘‘(ix) incorporate, as appropriate, ac17 tivities that meet the unique cultural, lan18 guage, and educational needs of Indian stu19 dents eligible to be served under title VII of 

20 this Act.’’; and 

21 (C) in subsection (g)(1)— 

22 (i) in subparagraph (B)— 

23 (I) by striking ‘‘The tribal gov24 erning body or’’ and inserting ‘‘An In25 dian tribe,’’; 

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1 (II) by inserting ‘‘, or a consor2 tium of such entities’’ after ‘‘Bureau of 

3 Indian Affairs’’; 

4 (III) by striking ‘‘such body or 

5 school board’’ and inserting ‘‘such In6 dian tribe, school board, or consortium 

7 of such entities’’; 

8 (IV) by striking ‘‘waived, the trib9 al governing body or school board’’ and 

10 inserting ‘‘waived, the Indian tribe, 

11 school board, or consortium of such en12 tities’’; and 

13 (V) by inserting ‘‘of the Interior’’ 

14 after ‘‘such alternative definition un15 less the Secretary’’; 

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

17 ‘‘a tribal governing body or school board of 

18 a school funded by the Bureau of Indian Af19 fairs’’ and inserting ‘‘an Indian tribe, 

20 school board of a school funded by the Bu21 reau of Indian Affairs, or consortium of 

22 such entities’’; and 

23 (iii) by adding at the end the fol24 lowing: 

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1 ‘‘(D) DEEMED APPROVAL.—A proposed al2 ternative definition of adequate yearly progress 

3 submitted pursuant to subparagraph (B) shall be 

4 deemed to be approved by the Secretary of the 

5 Interior unless the Secretary of the Interior 

6 issues the notification set forth in subparagraph 

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

8 beginning on the date on which the Secretary of 

9 the Interior received the proposed alternative def10 inition of adequate yearly progress. 

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

12 Interior finds that the application is not in com13 pliance, in whole or in part, with this subpart, 

14 the Secretary of the Interior shall— 

15 ‘‘(i) notify the entity or entities de16 scribed in subparagraph (B) of the finding 

17 of noncompliance and, in such notification, 

18 shall— 

19 ‘‘(I) cite the specific provisions in 

20 the application that are not in compli21 ance; 

22 ‘‘(II) provide an explanation of 

23 the basis of the noncompliance; 

24 ‘‘(III) request additional informa25 tion only as to the noncompliant promstockstill on DSK4VPTVN1PROD with 

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1 visions needed to make the proposal 

2 compliant; 

3 ‘‘(IV) provide a description of the 

4 steps that the entity or entities need to 

5 take to make the application compli6 ant; and 

7 ‘‘(V) provide assistance to over8 come the finding of noncompliance; 

9 and 

10 ‘‘(ii) provide the entity or entities de11 scribed in subparagraph (B) with the op12 portunity for a hearing, which shall be com13 pleted not more than 60 days after such en14 tity or entities receive the notice of oppor15 tunity for a hearing, or at such later date 

16 as agreed to by the submitting entity or en17 tities. 

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

19 described in subparagraph (B) resubmit the ap20 plication in an effort to overcome the finding of 

21 noncompliance not more than 30 days after the 

22 date the notification was received, the Secretary 

23 of the Interior shall approve or disapprove the 

24 resubmitted application not more than 30 days 

25 after the resubmitted application is received, or 

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1 not more than 30 days after the conclusion of a 

2 hearing, whichever is later. If the Secretary of 

3 the Interior fails to approve or disapprove the 

4 resubmitted application within such time period, 

5 the resubmitted application shall be deemed ap6 proved. 

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

8 Secretary of the Interior finds the resubmitted 

9 application described in subparagraph (F) to be 

10 in noncompliance, the Secretary of the Interior 

11 shall issue a final determination that— 

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

13 application that are not in compliance; 

14 ‘‘(ii) provides a detailed explanation of 

15 the basis for the finding of noncompliance 

16 for each provision found to be noncompli17 ant; and 

18 ‘‘(iii) offers assistance to overcome the 

19 finding of noncompliance. 

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

21 or entities described in subparagraph (B) do not 

22 respond to the notification of the Secretary of the 

23 Interior described in subparagraph (E) within a 

24 30-day period after receipt of such notification, 

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1 the application shall be deemed to be dis2 approved.’’; 

3 (6) by inserting after section 1116 (20 U.S.C. 

4 6316) the following: 

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

6 ‘‘(a) PURPOSE.—The purpose of this section is to sig7 nificantly improve outcomes for Indian and Native Hawai8 ian students in persistently low-performing schools by— 

9 ‘‘(1) enabling Indian tribes, Native Hawaiian 

10 educational organizations, or tribal educational agen11 cies to turn around low-performing schools operated 

12 by a local educational agency on Indian lands or 

13 land of the Department of Hawaiian Home Lands; 

14 ‘‘(2) building the capacity of tribes, Native Ha15 waiian educational organizations, and tribal edu16 cational agencies to improve student academic 

17 achievement in low-performing and persistently low18 performing schools; and 

19 ‘‘(3) supporting tribes and tribal educational 

20 agencies in implementing school intervention models. 

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

22 ‘‘(1) DEPARTMENT OF HAWAIIAN HOME LANDS.— 

23 The term ‘Department of Hawaiian Home Lands’ 

24 means the Department of Hawaiian Home Lands of 

25 the State of Hawaii (or a successor in function), 

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1 originally established under the Hawaiian Homes 

2 Commission Act, 1920 (42 Stat. 108, chapter 42). 

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

4 has the meaning given the term in section 8013. 

5 ‘‘(3) INDIAN SCHOOL.—The term ‘Indian school’ 

6 means any school located on Indian lands. 

7 ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 

8 means any Indian tribe, band, nation, or other orga9 nized group or community (including any Native vil10 lage, Regional Corporation, or Village Corporation as 

11 defined in, or established pursuant to, the Alaska Na12 tive Claims Settlement Act), that is recognized as eli13 gible for the special programs and services provided 

14 by the United States to Indians because of their sta15 tus as Indians. 

16 ‘‘(5) NATIVE HAWAIIAN EDUCATIONAL ORGANIZA17 TION.—The term ‘Native Hawaiian educational orga18 nization’ means a private nonprofit organization 

19 that— 

20 ‘‘(A) serves the interests of Native Hawai21 ians; 

22 ‘‘(B) operates an elementary school, sec23 ondary school, or institution of higher education 

24 on land of the Department of Hawaiian Home 

25 Lands; 

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1 ‘‘(C) has Native Hawaiians in substantive 

2 and policymaking positions within the organiza3 tion; 

4 ‘‘(D) incorporates Native Hawaiian per5 spective, values, language, culture, and tradi6 tions into the core function of the organization; 

7 ‘‘(E) has demonstrated expertise in the edu8 cation of Native Hawaiian children; and 

9 ‘‘(F) has demonstrated expertise in research 

10 and program development. 

11 ‘‘(6) TRIBAL EDUCATIONAL AGENCY.—The term 

12 ‘tribal educational agency’— 

13 ‘‘(A) means the authorized governmental 

14 agency or administrative unit of a federally-rec15 ognized Indian tribe (as defined in section 4 of 

16 the Indian Self-Determination and Education 

17 Assistance Act (25 U.S.C. 450b)) that is pri18 marily responsible for regulating, administering, 

19 or supervising the formal education of tribal 

20 members; and 

21 ‘‘(B) includes tribal education departments, 

22 tribal divisions of education, tribally sanctioned 

23 education authorities, tribal education adminis24 trative planning and development agencies, tribmstockstill on DSK4VPTVN1PROD with 

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1 al educational agencies, and tribal administra2 tive 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 is 

15 a secondary school that does not award a high 

16 school diploma, is in the lowest 5 percent of the 

17 State’s public secondary schools that do not 

18 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 award 

24 a high school diploma; or 

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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 low-per7 forming school. 

8 ‘‘(d) GRANTS AUTHORIZED.— 

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

10 grants, on a competitive basis, to Indian tribes, Na11 tive Hawaiian educational organizations, or tribal 

12 educational agencies to enable such tribes or agencies 

13 to carry out the activities described in subsection (g). 

14 ‘‘(2) DURATION.— 

15 ‘‘(A) IN GENERAL.—A grant awarded under 

16 this section shall be for a period of 4 years. 

17 ‘‘(B) RENEWAL.—The Secretary may renew 

18 a grant under this section for an additional 4- 

19 year period if the Indian tribe, Native Hawaiian 

20 educational organization, or tribal educational 

21 agency demonstrates sufficient progress, as de22 fined by the State, on the core academic indica23 tors and leading indicators described in sub24 section (h)(1)(B). 

25 ‘‘(e) APPLICATION.— 

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1 ‘‘(1) IN GENERAL.—Each Indian tribe, Native 

2 Hawaiian educational organization, or tribal edu3 cational agency that desires to receive a grant under 

4 this section shall submit an application to the Sec5 retary at such time, in such manner, and containing 

6 such information as the Secretary may reasonably re7 quire. At a minimum, each application shall in8 clude— 

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

10 under subsection (c)(1) that the Indian tribe, 

11 Native Hawaiian educational organization, or 

12 tribal educational agency proposes to serve, and 

13 an appropriate intervention model for such 

14 school; 

15 ‘‘(B) a budget, which shall demonstrate suf16 ficient funds to implement fully and effectively 

17 the selected intervention model; and 

18 ‘‘(C) a description of how the Indian tribe, 

19 Native Hawaiian educational organization, or 

20 tribal educational agency will— 

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

22 and leaders for the school; 

23 ‘‘(ii) collect and report data; 

24 ‘‘(iii) support effective extended learn25 ing time strategies; and 

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

2 tribal educational agency for assisting 

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

4 ‘‘(2) ADDITIONAL APPLICATION REQUIREMENTS

5 IF SUBGRANTS ARE AWARDED.—If an Indian tribe, 

6 Native Hawaiian educational organization, or tribal 

7 educational agency proposes to issue subgrants, as de8 scribed under subsection (g)(2), such tribe, organiza9 tion, or agency shall include in the application, in 

10 addition to the requirements described under para11 graph (1), the following: 

12 ‘‘(A) A copy of the application form and in13 structions that the Indian tribe, Native Hawai14 ian educational organization, or tribal edu15 cational agency will provide to potential recipi16 ents of subgrants. 

17 ‘‘(B) A description of how the Indian tribe, 

18 Native Hawaiian educational organization, or 

19 tribal educational agency will set priorities for 

20 awarding subgrants. 

21 ‘‘(C) A description of how the Indian tribe, 

22 Native Hawaiian educational organization, or 

23 tribal educational agency will monitor each enti24 ty that is awarded a subgrant. 

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1 ‘‘(f) STATE EDUCATIONAL AGENCY AND LOCAL EDU2 CATION AGENCY RESPONSIBILITIES.— 

3 ‘‘(1) IN GENERAL.—If an Indian tribe, Native 

4 Hawaiian educational organization, or tribal edu5 cational agency receives a grant under this section for 

6 an Indian or Native Hawaiian school that has been 

7 identified under subsection (c)(1), the Secretary shall 

8 notify the State in which the school is located, and the 

9 State educational agency and the local educational 

10 agency that serve such school shall— 

11 ‘‘(A) maintain funding for the school at not 

12 less than the amount supplied in the academic 

13 year immediately preceding the academic year 

14 for which the grant under this section applies; 

15 ‘‘(B) at the request of the Indian tribe, Na16 tive Hawaiian educational organization, or trib17 al educational agency, enter into a cooperative 

18 agreement to authorize the tribe, organization, or 

19 agency to plan, conduct, consolidate, and admin20 ister programs, services, functions, and activities, 

21 or portions thereof, administered by the State 

22 educational agency or the local educational agen23 cy on behalf of the school; and 

24 ‘‘(C) authorize the Indian tribe, Native Ha25 waiian educational organization, or tribal edumstockstill on DSK4VPTVN1PROD with 

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1 cational agency to reallocate funds for such pro2 grams, services, functions, and activities, or por3 tions thereof, as necessary. 

4 ‘‘(2) MAINTENANCE OF EFFORT REQUIREMENT.— 

5 If the maintenance of effort requirement described in 

6 paragraph (1)(A) is not met, the Secretary may with7 hold funding under title I from the State until such 

8 requirement is met. 

9 ‘‘(3) DISAGREEMENT.—If an Indian tribe, Na10 tive Hawaiian educational organization, or tribal 

11 educational agency, as the case may be, and the State 

12 educational agency or local educational agency can13 not reach an agreement, the tribe, organization, or 

14 tribal educational agency may submit to the Sec15 retary information that such tribe, organization, or 

16 agency deems relevant, and the Secretary may make 

17 a determination on the disputed issue. 

18 ‘‘(g) USE OF FUNDS.— 

19 ‘‘(1) SCHOOL INTERVENTION MODEL.— 

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

21 tribal educational agency that receives a grant 

22 under this section shall use not less than 90 per23 cent of the grant funds to implement a school 

24 intervention model described in subsection (i), ei25 ther directly or through a turn around partner 

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1 that is awarded a subgrant, in a school identi2 fied under subsection (c)(1). 

3 ‘‘(B) USE OF FUNDS FOR COMPREHENSIVE

4 SERVICES.—The Indian tribe or tribal edu5 cational agency, in implementing any of the 

6 school intervention models described in sub7 section (i) in any school served under the 

8 grant— 

9 ‘‘(i) shall identify and address issues 

10 that may contribute to low academic 

11 achievement in the schools identified under 

12 subsection (c)(1); and 

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

14 to provide comprehensive services to address 

15 the issues described in subparagraph (A) 

16 and meet the full range of student needs. 

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

18 educational agency that receives a grant under this 

19 section may award subgrants. 

20 ‘‘(3) TRIBE OR TRIBAL EDUCATIONAL AGENCY

21 ACTIVITIES.—An Indian tribe or tribal educational 

22 agency that receives a grant under this section shall 

23 use any portion of the grant funds that the tribe or 

24 tribal educational agency does not use to fulfill or 

25 carry out activities designed to build tribe or tribal 

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1 educational agency capacity to support school im2 provement. These activities may include— 

3 ‘‘(A) providing technical assistance and 

4 other support, either directly or through the cre5 ation of a school turn around office or a turn 

6 around partner, to schools identified under sub7 section (c)(1), which may include— 

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

9 teams; or 

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

11 implementation of selected intervention 

12 models; 

13 ‘‘(B) evaluating Indian tribe or tribal edu14 cational agency implementation of school inter15 vention models and other improvement activities; 

16 ‘‘(C) using the results of the evaluations de17 scribed in subparagraph (B) to improve Indian 

18 tribe or tribal educational agency strategies for 

19 supporting, and providing flexibility for, tar20 geted schools that are identified under subsection 

21 (c)(1); 

22 ‘‘(D) developing pipelines of teachers and 

23 leaders that are trained to work in schools that 

24 are low-performing schools, such as the schools 

25 identified in subsection (c)(1); 

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1 ‘‘(E) collecting and reporting data; 

2 ‘‘(F) building capacity in the Indian tribe 

3 or tribal educational agency for assisting schools 

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

5 ‘‘(G) carrying out other activities designed 

6 to build Indian tribe or tribal educational agen7 cy capacity to support school improvement. 

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

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

10 educational agency receiving a grant under this sec11 tion shall— 

12 ‘‘(A) comply with the reporting and ac13 countability requirements of this part for each 

14 school that such Indian tribe or tribal edu15 cational agency serves; and 

16 ‘‘(B) monitor and collect data about the stu17 dents that such Indian tribe or tribal edu18 cational agency serves at each school that is 

19 served by the grant program, including the fol20 lowing data: 

21 ‘‘(i) Core academic indicators, such 

22 as— 

23 ‘‘(I) the percentage of students at 

24 each school who are at or above the 

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1 sessments in reading or language arts 

2 and mathematics; 

3 ‘‘(II) student progress toward core 

4 academic benchmarks; 

5 ‘‘(III) the average score for stu6 dents in each school on State academic 

7 assessments in reading or language 

8 arts and mathematics; 

9 ‘‘(IV) secondary school graduation 

10 rates; and 

11 ‘‘(V) rates of student enrollment 

12 in an institution of higher education. 

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

14 ‘‘(I) student attendance rates; 

15 ‘‘(II) the number and percentage 

16 of students completing advanced 

17 coursework; 

18 ‘‘(III) student participation in 

19 State assessments in reading or lan20 guage arts and mathematics under sec21 tion 1111(b)(3); 

22 ‘‘(IV) school dropout rates; 

23 ‘‘(V) discipline incident rates; 

24 ‘‘(VI) teacher attendance rates; 

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1 ‘‘(VII) the distribution of teachers 

2 by performance level, based on the 

3 teacher evaluation system established 

4 by the Indian tribe or tribal edu5 cational agency; and 

6 ‘‘(VIII) reduction in the percent7 age of students in the lowest level of 

8 achievement on State assessments in 

9 reading or language arts and mathe10 matics under section 1111. 

11 ‘‘(2) REPORT.—Each Indian tribe or tribal edu12 cational agency receiving a grant under this section 

13 shall prepare and submit a report to the Secretary, 

14 which shall include the data described in paragraph 

15 (1)(B). 

16 ‘‘(i) SCHOOL INTERVENTION MODELS.—Each tribe or 

17 tribal educational agency that receives a grant under this 

18 section shall choose to implement 1 or more of the following 

19 school intervention models in each school supported under 

20 this section: 

21 ‘‘(1) TRANSFORMATION MODEL.—A trans22 formation model is a school intervention model in 

23 which the Indian tribe or tribal educational agency— 

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

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

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1 new principal who has demonstrated effectiveness 

2 in turning around a low-performing school; 

3 ‘‘(B) uses rigorous, transparent, and equi4 table evaluation systems to— 

5 ‘‘(i) identify and reward school leaders, 

6 teachers, and other staff who, in imple7 menting the model, increase student achieve8 ment and, if applicable, secondary school 

9 graduation rates; and 

10 ‘‘(ii) identify and remove school lead11 ers, teachers, and other staff who, after 

12 ample opportunities have been provided for 

13 such individuals to improve their profes14 sional practice— 

15 ‘‘(I) do not increase student 

16 achievement; 

17 ‘‘(II) if applicable, do not increase 

18 secondary school graduation rates; and 

19 ‘‘(III) have not demonstrated ef20 fectiveness according to the tribe or 

21 tribal educational agency’s evaluation 

22 system; 

23 ‘‘(C) provides staff with ongoing, high-qual24 ity, job-embedded professional development 

25 that— 

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1 ‘‘(i) is aligned with the school’s in2 struction program and evaluation system; 

3 ‘‘(ii) facilitates effective teaching and 

4 learning; and 

5 ‘‘(iii) supports the implementation of 

6 school-reform strategies; 

7 ‘‘(D) implements strategies (such as finan8 cial incentives, increased opportunities for pro9 motion and career growth, and more flexible 

10 work conditions) that are designed to recruit, 

11 place, and retain staff who have the skills nec12 essary to meet the needs of students in the school; 

13 ‘‘(E) uses data to identify and implement a 

14 research-based instruction program that— 

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

16 challenging academic content standards and 

17 challenging student academic achievement 

18 standards under section 1111(b); and 

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

20 academic achievement by not less than 10 

21 percent in 1 year; 

22 ‘‘(F) establishes schedules and strategies 

23 that provide increased learning time (which may 

24 include offering full-day kindergarten or a high25 quality preschool program or using a longer 

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1 school day, week, or year that increases the total 

2 number of hours at school for the school year by 

3 not fewer than 300 hours) in order to signifi4 cantly increase the total number of school hours 

5 to include time for— 

6 ‘‘(i) instruction in core subjects, such 

7 as English, reading or language arts, math8 ematics, science, foreign language (which 

9 may include a Native American language), 

10 civics and government, economics, arts, his11 tory, and geography; 

12 ‘‘(ii) instruction in traditional and 

13 cultural programs; 

14 ‘‘(iii) instruction in other subjects; and 

15 ‘‘(iv) enrichment activities, such as 

16 physical education, service learning, and ex17 periential work-based opportunities; 

18 ‘‘(G) promotes the continuous use of student 

19 data to provide instruction that meets the aca20 demic needs of individual students, which may 

21 include, in elementary school, individual stu22 dents’ levels of school readiness; 

23 ‘‘(H) provides ongoing mechanisms for fam24 ily, community, and tribal involvement; 

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1 ‘‘(I) ensures that the school receives ongoing, 

2 intensive technical assistance and related sup3 port from the tribe or tribal educational agency; 

4 and 

5 ‘‘(J) provides appropriate social-emotional 

6 and community-oriented support services for stu7 dents, and at the discretion of the tribe or tribal 

8 educational agency, uses not more than 10 per9 cent of the total grant funds for such services. 

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

11 school intervention model in which the Indian tribe 

12 or tribal educational agency— 

13 ‘‘(A) converts a school— 

14 ‘‘(i) under a charter or school operator 

15 and charter management organization; 

16 ‘‘(ii) under an education management 

17 organization; or 

18 ‘‘(iii) as an autonomous or redesigned 

19 school; 

20 ‘‘(B) implements a rigorous review process 

21 to select such a charter or school operator and 

22 charter management organization, or an edu23 cation management organization, as applicable, 

24 which includes an assurance that such operator 

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1 or organization will make significant changes in 

2 the leadership and staffing of the school; and 

3 ‘‘(C) enrolls in the school any former stu4 dent who wishes to attend the school and who is 

5 within the grades the school services. 

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

7 model is a school intervention model in which the In8 dian tribe or tribal educational agency— 

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

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

11 new principal who has demonstrated effectiveness 

12 in turning around a low-performing school; 

13 ‘‘(B) gives a new principal sufficient oper14 ational flexibility (including flexibility in staff15 ing, the school day and school calendar, and 

16 budgeting) to fully implement a comprehensive 

17 approach to improve student outcomes; 

18 ‘‘(C) uses a comprehensive evaluation sys19 tem to evaluate staff, including the use of student 

20 achievement data to measure the effectiveness of 

21 staff; 

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

23 the school as of the time when the turnaround 

24 model is implemented and retains not more than 

25 50 percent of such staff; 

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1 ‘‘(E) requires the principal to justify per2 sonnel decisions (such as hiring, dismissal, and 

3 rewards) based on the results of the comprehen4 sive evaluation system; 

5 ‘‘(F) provides staff with ongoing, high-qual6 ity, job-embedded professional development 

7 that— 

8 ‘‘(i) is aligned with the school’s in9 struction program and evaluation system; 

10 ‘‘(ii) facilitates effective teaching and 

11 learning; and 

12 ‘‘(iii) supports the implementation of 

13 school-reform strategies; 

14 ‘‘(G) uses data to— 

15 ‘‘(i) identify and implement a re16 search-based instructional program; 

17 ‘‘(ii) evaluate school improvement 

18 strategies; and 

19 ‘‘(iii) inform differentiated instruction, 

20 in order to meet the academic needs of indi21 vidual students; 

22 ‘‘(H) encourages the use of extended learn23 ing time partnerships; 

24 ‘‘(I) establishes schedules and strategies that 

25 provide increased learning time (which may inmstockstill on DSK4VPTVN1PROD with 

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1 clude offering full-day kindergarten or a high2 quality preschool program or using a longer 

3 school day, week, or year that increases the total 

4 number of hours at school for the school year by 

5 not fewer than 300 hours) in order to signifi6 cantly increase the total number of school hours 

7 to include time for— 

8 ‘‘(i) instruction in core subjects, such 

9 as English, reading or language arts, math10 ematics, science, foreign language (which 

11 may include a Native American language), 

12 civics and government, economics, arts, his13 tory, and geography; 

14 ‘‘(ii) instruction in traditional and 

15 cultural programs; 

16 ‘‘(iii) instruction in other subjects; 

17 ‘‘(iv) enrichment activities, such as 

18 physical education, service learning, and ex19 periential work-based opportunities; or 

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

21 engage in professional development within 

22 and across grades and subjects; 

23 ‘‘(J) provides ongoing mechanisms for fam24 ily, community, and tribal involvement; and 

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1 ‘‘(K) provides appropriate social and emo2 tional community-oriented support services for 

3 students. 

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

5 tribal educational agency fails to demonstrate sufficient 

6 progress, as defined by the State, on the core academic indi7 cators and leading indicators described in subsection 

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

9 ‘‘(1) modify the existing school intervention 

10 model; or 

11 ‘‘(2) restart the school using the restart model de12 scribed in subsection (i)(2). 

13 ‘‘(k) RESERVATION OF FUNDS.—Notwithstanding any 

14 other provision of this Act, from the amount appropriated 

15 each fiscal year for grants to State educational agencies and 

16 local educational agencies for school improvement actions 

17 under this part, the Secretary shall reserve not less than 

18 10 percent of such amount for grants under this section.’’; 

19 (7) in section 1118 (20 U.S.C. 6318)— 

20 (A) in subsection (a)(2)— 

21 (i) in subparagraph (E), by striking 

22 ‘‘and’’ after the semicolon; 

23 (ii) by redesignating subparagraph (F) 

24 as subparagraph (G); and 

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1 (iii) by inserting after subparagraph 

2 (E) the following: 

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

4 Indian children, identify the barriers to effective 

5 involvement of the parents of such children; 

6 and’’; and 

7 (B) in subsection (e)— 

8 (i) by redesignating paragraphs (6) 

9 through (14) as paragraphs (7) through 

10 (15), respectively; and 

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

12 the following: 

13 ‘‘(6) in consultation with Indian tribes and par14 ents of Indian children who are served by any school 

15 that is served by the agency, shall establish mecha16 nisms to overcome barriers to effective Indian paren17 tal involvement, which may include— 

18 ‘‘(A) providing literacy programs and use 

19 of technology training, as needed, for such par20 ents at locations accessible to the homes of such 

21 parents; 

22 ‘‘(B) providing or paying the reasonable 

23 costs of transportation and child care to enable 

24 such parents to participate in literacy programs, 

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1 use of technology training, and school-related 

2 meetings; 

3 ‘‘(C) providing training regarding the roles, 

4 rights, and responsibilities of such parents, in5 cluding information about culture-based edu6 cation; and 

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

8 tribal educational agency to provide the services 

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

10 and 

11 (8) in section 1119 (20 U.S.C. 6319), by adding 

12 at the end the following: 

13 ‘‘(m) QUALIFICATIONS FOR NATIVE LANGUAGE

14 TEACHERS.— 

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

16 provision of law, the requirements of subsection (a) on 

17 local educational agencies and States with respect to 

18 highly qualified teachers, shall not apply to a teacher 

19 of a Native language. 

20 ‘‘(2) ALTERNATIVE LICENSURE OR CERTIFI21 CATION.—Each State educational agency receiving as22 sistance under this part shall develop an alternative 

23 licensure or certification for teachers of a Native lan24 guage.’’. 

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1 SEC. 112. PREVENTION AND INTERVENTION PROGRAMS 

2 FOR CHILDREN AND YOUTH WHO ARE NE3 GLECTED, DELINQUENT, OR AT-RISK. 

4 Part D of title I of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 6421 et seq.) is amend6 ed— 

7 (1) in section 1401(20 U.S.C. 6401)— 

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

9 the involvement of their families and their com10 munities’’ after ‘‘their continued education’’; and 

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

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

13 (2) in section 1402 (20 U.S.C. 6422), by adding 

14 at the end the following: 

15 ‘‘(c) RESERVATION FOR THE SECRETARY OF THE IN16 TERIOR.—From the amount appropriated for this part for 

17 any fiscal year, the Secretary shall reserve 4 percent of such 

18 funds for the Secretary of the Interior to provide edu19 cational services for at-risk Indian children, including In20 dian youth in correctional facilities operated by the Sec21 retary of the Interior or by an Indian tribe.’’; 

22 (3) in section 1414(c) (20 U.S.C. 6434(c))— 

23 (A) in paragraph (9), by inserting ‘‘, In24 dian tribes, tribal educational agencies,’’ after 

25 ‘‘local educational agencies’’; 

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1 (B) by redesignating paragraphs (12) 

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

3 respectively; 

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

5 following: 

6 ‘‘(12) describe the procedure that the State agen7 cy will use to consult, on an ongoing basis, with In8 dian tribes in the State to determine the needs of In9 dian children and youth who are neglected, delin10 quent, or at-risk, including such children and youth 

11 in a correctional facility or institution;’’; 

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

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

14 semicolon; 

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

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

17 end and inserting ‘‘; and’’; and 

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

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

20 under this subpart will utilize curriculum that is cul21 turally appropriate, based on the demographics of the 

22 neglected or delinquent children and youth served by 

23 such program.’’; 

24 (4) in section 1416 (20 U.S.C. 6436)— 

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

2 after the semicolon; 

3 (B) in paragraph (8), by striking the period 

4 at the end and inserting ‘‘; and’’; and 

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

6 ‘‘(9) includes an assurance that the State agency 

7 has consulted with Indian tribes in the State in the 

8 development of the comprehensive plan under this 

9 part.’’; 

10 (5) in section 1418 (20 U.S.C. 6438)— 

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

12 (a) and inserting the following: 

13 ‘‘(1) projects that facilitate the transition of chil14 dren and youth from State-operated institutions, or 

15 institutions in the State operated by the Secretary of 

16 the Interior or Indian tribes, to schools served by local 

17 educational agencies or to schools funded by the Bu18 reau of Indian Education; or’’; 

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

20 tribes,’’ after ‘‘local educational agencies,’’; 

21 (C) by redesignating subsection (c) as sub22 section (d); and 

23 (D) by inserting after subsection (b) the fol24 lowing: 

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1 ‘‘(c) CONSULTATION WITH INDIAN TRIBES.—The State 

2 agency shall consult with Indian tribes in the State in the 

3 development of transition projects, and coordinate such 

4 State projects with transition and reentry projects operated 

5 by such tribes.’’; 

6 (6) in section 1419(2) (20 U.S.C. 6439(2)), by 

7 inserting ‘‘and Indian tribal programs’’ after ‘‘State 

8 agency programs’’; 

9 (7) in section 1421 (20 U.S.C. 6451)— 

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

11 by inserting ‘‘, including correctional facilities 

12 in the State operated by the Secretary of the In13 terior or Indian tribes’’ after ‘‘locally operated 

14 correctional facilities’’; and 

15 (B) in paragraph (3), by inserting ‘‘, in16 cluding schools funded by the Bureau of Indian 

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

18 (8) in section 1422 (20 U.S.C. 6452)— 

19 (A) in subsection (a), by striking ‘‘(includ20 ing facilities involved in community day pro21 grams).’’ and inserting ‘‘(including facilities in22 volved in community day programs and facili23 ties in the State that are operated by the Sec24 retary of the Interior or Indian tribes).’’; and 

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1 (B) in subsection (d), by inserting ‘‘, schools 

2 funded by the Bureau of Indian Education,’’ 

3 after ‘‘returning to local educational agencies’’; 

4 (9) in section 1423 (20 U.S.C. 6453)— 

5 (A) in paragraph (2)— 

6 (i) in subparagraph (A), by inserting 

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

8 the State’’ after ‘‘local educational agency’’; 

9 and 

10 (ii) in subparagraph (B), by inserting 

11 ‘‘, including such facilities operated by the 

12 Secretary of the Interior and Indian tribes’’ 

13 after ‘‘juvenile justice system’’; 

14 (B) by redesignating paragraphs (4) 

15 through (13) as paragraphs (5) through (14), re16 spectively; 

17 (C) by inserting after paragraph (3) the fol18 lowing: 

19 ‘‘(4) a description of the process for consultation 

20 and coordination with Indian tribes in the State re21 garding services provided under the program to In22 dian children and youth;’’; 

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

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

25 semicolon; 

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

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

3 end and inserting ‘‘; and’’; and 

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

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

6 children and youth served and an assurance that the 

7 curricula and co-curricular activities will be cul8 turally appropriate for such children and youth.’’; 

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

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

11 after the semicolon; 

12 (B) in paragraph (5), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

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

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

16 youth, including such individuals in correctional fa17 cilities in the area served by the local educational 

18 agency that are operated by the Secretary of the Inte19 rior or Indian tribes.’’; 

20 (11) by redesignating subpart 3 (20 U.S.C. 6471 

21 et seq.) as subpart 4; 

22 (12) by redesignating sections 1431 and 1432 

23 (20 U.S.C. 6471, 6472) as sections 1441 and 1442, re24 spectively; 

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1 (13) by inserting after subpart 2 (20 U.S.C. 

2 6451 et seq.) the following: 

3 ‘‘Subpart 3—Education Programs for Indian Children 

4 and Youth 

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

6 ‘‘(a) PURPOSE.—The purpose of this section is to au7 thorize an educational program to be known as the ‘Indian 

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

9 shall— 

10 ‘‘(1) carry out high-quality and culturally ap11 propriate education programs to prepare Indian chil12 dren and youth who are in correctional facilities (or 

13 enrolled in community day programs for neglected or 

14 delinquent children and youth) operated by the Sec15 retary of the Interior or Indian tribes for secondary 

16 school completion, training, employment, or further 

17 education; and 

18 ‘‘(2) to provide activities to facilitate the transi19 tion of such children and youth from the correctional 

20 program to further education or employment. 

21 ‘‘(b) GRANTS AUTHORIZED.— 

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

23 for the Secretary of the Interior under section 

24 1402(c), and subject to paragraph (2), the Secretary 

25 of the Interior shall award grants, on a competitive 

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1 basis, to Indian tribes with high numbers or percent2 ages of children and youth in juvenile detention fa3 cilities that are operated by the Secretary of the Inte4 rior or Indian tribes in order to enable such Indian 

5 tribes to carry out the activities described in section 

6 1424. 

7 ‘‘(2) CONTRACT IN LIEU OF GRANT.—At the re8 quest of an Indian tribe, the Secretary of the Interior 

9 shall enter into a contract under the Indian Self-De10 termination and Education Assistance Act for oper11 ation of a program under this subpart in lieu of mak12 ing a grant to such tribe. 

13 ‘‘(3) NOTIFICATION.—The Secretary of the Inte14 rior shall notify Indian tribes of the availability of 

15 funding under this subpart. 

16 ‘‘(c) TRIBAL APPLICATIONS.—Each Indian tribe desir17 ing to receive a grant under this subpart shall submit an 

18 application to the Secretary of the Interior at such time, 

19 in such manner, and accompanied by such information as 

20 the Secretary of the Interior may require. Each such appli21 cation shall include the following: 

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

23 assisted with grant funds under this subpart. 

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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 organi13 zations 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 

17 working with delinquent Indian children and youth 

18 to ensure that such children and youth are partici19 pating in an education program comparable to the 

20 education program in the local school that such chil21 dren and youth 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 

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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 of 

7 services that such tribe will provide for such children 

8 and youth and other at-risk children and youth, ei9 ther directly or in cooperation with local educational 

10 agencies and schools funded by the Bureau of Indian 

11 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 children 

17 and youth expected to be served by the program. 

18 ‘‘(8) A description of how the tribe will coordi19 nate the program with existing educational programs 

20 of local educational agencies and schools funded by 

21 the Bureau of Indian Education to meet the unique 

22 educational needs of Indian children and youth who 

23 will be returning from correctional facilities and, as 

24 appropriate, other at-risk Indian children and youth 

25 expected to be served by the program. 

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

2 program will coordinate with existing social, health, 

3 and other services to meet the needs of students re4 turning from correctional facilities, including— 

5 ‘‘(A) prenatal health care; 

6 ‘‘(B) nutrition; 

7 ‘‘(C) mental health and substance abuse 

8 services; 

9 ‘‘(D) targeted reentry and outreach pro10 grams; and 

11 ‘‘(E) referrals to community resources re12 lated to the health of the child or youth. 

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

14 State, private, or public organizations, or corpora15 tions to develop vocational training, curriculum-based 

16 youth entrepreneurship education, and mentoring 

17 services for participating students. 

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

19 program will involve parents in efforts to— 

20 ‘‘(A) improve the educational achievement 

21 of their children; 

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

23 and 

24 ‘‘(C) prevent the involvement of their chil25 dren in delinquent activities. 

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

2 this subpart will be coordinated with other Federal, 

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

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

5 and technical education programs serving at-risk chil6 dren and youth. 

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

8 coordinated with programs operated under the Juve9 nile Justice and Delinquency Prevention Act of 1974 

10 (42 U.S.C. 5601 et seq.) and other comparable pro11 grams, if applicable. 

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

13 schools will make to ensure that correctional facilities 

14 working with children and youth are aware of any 

15 existing individualized education programs for such 

16 children or youth. 

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

18 participating schools will take to find alternative 

19 placements for children and youth who are interested 

20 in continuing their education but unable to partici21 pate in a regular school program. 

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

23 program under this subpart will be coordinated with 

24 other Federal, State, tribal, and local programs serv25 ing at-risk children and youth. 

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

2 program will coordinate with probation officers to as3 sist in meeting the needs of children and youth re4 turning from correctional facilities. 

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

6 tribes under this subpart may be used for the purposes de7 scribed in section 1424. 

8 ‘‘(e) PROGRAM REQUIREMENTS FOR CORRECTIONAL

9 FACILITIES RECEIVING FUNDS UNDER THIS SUBPART.— 

10 Each correctional facility entering into an agreement with 

11 an Indian tribe under subsection (c)(2) to provide services 

12 to Indian children and youth under this subpart shall— 

13 ‘‘(1) if feasible, ensure that educational programs 

14 in the correctional facility are coordinated with the 

15 student’s home school, particularly in the case of a 

16 student with an individualized education program 

17 under part B of the Individuals with Disabilities 

18 Education Act; 

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

20 of special education and related services while in the 

21 correctional facility, notify such child’s local school; 

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

23 child or youth stay in school, including coordination 

24 of services for the family, counseling, assistance in acmstockstill on DSK4VPTVN1PROD with 

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1 cessing drug and alcohol abuse prevention programs, 

2 tutoring, and family counseling; 

3 ‘‘(4) provide support programs that encourage 

4 children and youth who have dropped out of school to 

5 reenter school once their term at the correctional facil6 ity has been completed, or provide such children and 

7 youth with the skills necessary to gain employment or 

8 seek a secondary school diploma or its recognized 

9 equivalent; 

10 ‘‘(5) work to ensure that the correctional facility 

11 is staffed with teachers and other qualified staff who 

12 are trained to work with children and youth with dis13 abilities, taking into consideration the unique needs 

14 of such children and youth; 

15 ‘‘(6) ensure that education programs in the cor16 rectional facility aim to help students meet high aca17 demic achievement standards; 

18 ‘‘(7) to the extent possible, use technology to as19 sist in coordinating educational programs between the 

20 correctional facility and participating program part21 ners; 

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

23 improve the educational achievement of their children 

24 and youth and prevent the further involvement of 

25 such children and youth in delinquent activities; 

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1 ‘‘(9) coordinate funds received under this subpart 

2 with other local, State, tribal, and Federal funds 

3 available to provide services to participating children 

4 and youth, such as funds made available under title 

5 I of Public Law 105–220, and vocational and tech6 nical education funds; 

7 ‘‘(10) coordinate programs operated under this 

8 subpart with activities funded under the Juvenile 

9 Justice and Delinquency Prevention Act of 1974 and 

10 other comparable programs, if applicable; and 

11 ‘‘(11) work with local partners to develop train12 ing, curriculum-based youth entrepreneurship edu13 cation, and mentoring programs for children and 

14 youth. 

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

16 Indian tribe that receives assistance under this section, the 

17 Secretary of the Interior may, to the extent resources are 

18 available, provide technical assistance— 

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

20 funded under this section; 

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

22 professionals to assist in the delivery of services under 

23 such program; and 

24 ‘‘(3) to perform the program evaluations re25 quired by section 1441. 

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

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

3 ‘‘(1) to decrease the number of incarcerated In4 dian children and youth; 

5 ‘‘(2) to decrease the rate of high school dropouts 

6 among Indian youth; 

7 ‘‘(3) to provide educational alternatives to incar8 ceration for at-risk Indian children and youth; and 

9 ‘‘(4) to increase community and family involve10 ment in the education of at-risk Indian children and 

11 youth. 

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

13 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti14 ty’ means— 

15 ‘‘(A) an Indian tribe, tribal educational 

16 agency, or tribal organization; 

17 ‘‘(B) a Bureau-funded school, as defined in 

18 section 1141 of the Education Amendments of 

19 1978 (25 U.S.C. 2021); 

20 ‘‘(C) a correctional facility, in consortium 

21 with a tribe, tribal educational agency, or tribal 

22 organization, as defined in section 4 of the In23 dian Self-Determination and Education Assist24 ance Act (25 U.S.C. 450b); or 

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1 ‘‘(D) a State educational agency or local 

2 educational agency in consortium with a tribe, 

3 tribal educational agency, or tribal organization. 

4 ‘‘(2) TRIBAL EDUCATIONAL AGENCY.—The term 

5 ‘tribal educational agency’ has the meaning given the 

6 term in section 1116A(b). 

7 ‘‘(c) PROGRAM AUTHORIZED.— 

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

9 Secretary is authorized to award grants to eligible en10 tities having applications approved under this section 

11 to enable such entities to carry out the activities de12 scribed in subsection (d). 

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

14 tribe, the Secretary shall transfer program funding to 

15 the Secretary of the Interior, who shall enter into a 

16 contract under the Indian Self-Determination and 

17 Education Assistance Act with the tribe for operation 

18 of a program under this section in lieu of making a 

19 grant to such tribe. 

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

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

22 and not more than 5 years. 

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

24 this section shall be used for activities to provide edu25 cational alternatives for Indian youth who have been senmstockstill on DSK4VPTVN1PROD with 

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1 tenced to incarceration or juvenile detention, in a manner 

2 consistent with the purposes of this section. Such activities 

3 may include— 

4 ‘‘(1) half- or full-day alternative education pro5 grams for disruptive youth who are temporarily sus6 pended; 

7 ‘‘(2) school-based drug and substance abuse pre8 vention programs; 

9 ‘‘(3) truancy prevention programs; 

10 ‘‘(4) multi-year alternative educational pro11 grams; and 

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

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

14 grant under this section shall submit an application to the 

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

16 by such information as the Secretary may require. Each 

17 such application shall include the following: 

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

19 assisted with grant funds under this section. 

20 ‘‘(2) A description of any formal agreements re21 garding the program, between the Indian tribe and, 

22 as appropriate— 

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

24 ‘‘(B) 1 or more schools funded by the Bu25 reau of Indian Education; 

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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 of 

10 services that the eligible entity will provide to at-risk 

11 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 

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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; and 

9 ‘‘(2) prepare and submit a report containing the 

10 information described in paragraph (1) to the Sec11 retary, the Coordinating Council on Juvenile Justice 

12 and Delinquency Prevention, and Indian tribes.’’; 

13 (14) in section 1441 (20 U.S.C. 6471), as redes14 ignated by paragraph (12)— 

15 (A) in subsection (a)— 

16 (i) in the matter preceding paragraph 

17 (1), by striking ‘‘Each State agency or local 

18 educational agency that conducts a program 

19 under subpart 1 or 2 shall’’ and inserting 

20 ‘‘Each State agency, local educational agen21 cy, or Indian tribe that conducts a program 

22 evaluation under subpart 1, 2, or 3 shall’’; 

23 and 

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

2 school funded by the Bureau of Indian Edu3 cation’’ after ‘‘local educational agency’’; 

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

5 agency or local educational agency’’ and insert6 ing ‘‘a State agency, local educational agency, or 

7 Indian tribe’’; and 

8 (C) by striking subsection (d) and inserting 

9 the following: 

10 ‘‘(d) EVALUATION RESULTS.— 

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

12 educational agency, and Indian tribe shall— 

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

14 educational agency and the Secretary; and 

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

16 this section to plan and improve subsequent pro17 grams for participating children and youth. 

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

19 also submit evaluation results to the Secretary of the 

20 Interior. 

21 ‘‘(e) EVALUATION OF PROGRAMS FOR AT-RISK INDIAN

22 YOUTH.— 

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

24 the date of enactment of the Native Culture, Lan25 guage, and Access for Success in Schools Act, the Secmstockstill on DSK4VPTVN1PROD with 

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1 retary and the Secretary of the Interior, in collabora2 tion with the Attorney General, shall prepare a report 

3 that— 

4 ‘‘(A) compiles demographic information 

5 about at-risk Indian youth, including Indian 

6 youth in correctional facilities operated by the 

7 Department of the Interior and Indian tribes; 

8 ‘‘(B) evaluates existing educational pro9 grams for at-risk Indian youth; and 

10 ‘‘(C) provides recommendations for im11 provement of such educational programs. 

12 ‘‘(2) SUBMISSION TO CONGRESSIONAL COMMIT13 TEES.—The Secretary and the Secretary of the Inte14 rior shall submit the report described in paragraph 

15 (1) to the Committee on Health, Education, Labor, 

16 and Pensions and the Committee on Indian Affairs of 

17 the Senate, to the Committee on Education and the 

18 Workforce and the Committee on Natural Resources of 

19 the House of Representatives, and to Indian tribes.’’; 

20 and 

21 (15) in section 1442 (20 U.S.C. 6472), as redes22 ignated by paragraph (12), by adding at the end the 

23 following: 

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

25 means any Indian tribe, band, nation, other orgamstockstill on DSK4VPTVN1PROD with 

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1 nized group or community, including any Alaska Na2 tive village or Regional Corporation or Village Cor3 poration as defined in or established pursuant to the 

4 Alaska Native Claims Settlement Act (42 U.S.C. 1601 

5 et seq.), which is recognized as eligible for the special 

6 programs and services provided by the United States 

7 to Indians because of their status as Indians.’’. 

8 SEC. 113. STATE ADMINISTRATION. 

9 Section 1903(b)(2) of the Elementary and Secondary 

10 Education Act of 1965 (20 U.S.C. 6573(b)(2)) is amend11 ed— 

12 (1) in subparagraph (F), by striking ‘‘and’’ after 

13 the semicolon; 

14 (2) in subparagraph (G), by striking the period 

15 and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(H) representatives of Indian tribes located 

18 in the State.’’. 

19 Subtitle B—Preparing, Training, 

20 and Recruiting High-Quality 

21 Teachers and Principals 

22 SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH23 QUALITY TEACHERS AND PRINCIPALS. 

24 Title II of the Elementary and Secondary Education 

25 Act of 1965 (20 U.S.C. 6601 et seq.) is amended— 

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1 (1) in section 2101 (20 U.S.C. 6601)— 

2 (A) in paragraph (1), by striking ‘‘and’’ 

3 after the semicolon; 

4 (B) in paragraph (2), by striking the period 

5 and inserting ‘‘; and’’; and 

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

7 ‘‘(3) recognizing and accommodating Federal 

8 law relative to the role of Native American languages 

9 in education.’’; 

10 (2) by striking paragraph (3) of section 2102 (20 

11 U.S.C. 6602) and inserting the following: 

12 ‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGEN13 CY.—The term ‘high-need local educational agency’ 

14 means— 

15 ‘‘(A) a local educational agency— 

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

17 10,000 children from families with incomes 

18 below the poverty line; or 

19 ‘‘(II) for which not less than 20 per20 cent of the children served by the agency are 

21 from families with incomes below the pov22 erty line; and 

23 ‘‘(ii)(I) for which there is a high per24 centage of teachers not teaching in the acamstockstill on DSK4VPTVN1PROD with 

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1 demic subjects or grade levels that the teach2 ers were trained to teach; or 

3 ‘‘(II) for which there is a high percent4 age of teachers with emergency, provisional, 

5 or temporary certification or licensing; or 

6 ‘‘(B) a school funded by the Bureau of In7 dian Education.’’; 

8 (3) by striking clause (ii) of section 

9 2111(b)(1)(A) (20 U.S.C. 6611(b)(1)(A)) and insert10 ing the following: 

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

12 Interior to be distributed to schools operated 

13 or funded by the Bureau of Indian Edu14 cation, as provided in section 2123(c).’’; 

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

16 6613(c)(18))— 

17 (A) in subparagraph (A), by striking ‘‘and’’ 

18 after the semicolon; 

19 (B) in subparagraph (B), by striking the 

20 period and inserting ‘‘; and’’; and 

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

22 ‘‘(C) provides access to clearinghouse infor23 mation to schools in the State that are funded by 

24 the Bureau of Indian Education.’’; 

25 (5) in section 2122 (20 U.S.C. 6622)— 

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1 (A) in subsection (b)— 

2 (i) in paragraph (2), by inserting ‘‘, 

3 including Indian students,’’ after ‘‘minority 

4 students’’; and 

5 (ii) in paragraph (9)— 

6 (I) in subparagraph (C), by strik7 ing ‘‘and’’ after the semicolon; 

8 (II) in subparagraph (D), by 

9 striking the period at the end and in10 serting ‘‘; and’’; and 

11 (III) by adding at the end the fol12 lowing: 

13 ‘‘(E) for teachers in schools that serve In14 dian children, become familiar with the Indian 

15 communities served by the local educational 

16 agency and incorporate culturally responsive 

17 teaching and learning strategies for Indian chil18 dren into the educational program.’’; and 

19 (B) in subsection (c)(2), by inserting ‘‘and, 

20 in the case of a local educational agency that 

21 serves an Indian tribal community, representa22 tives of Indian tribes,’’ after ‘‘part A of title I’’; 

23 (6) in section 2123 (20 U.S.C. 6623)— 

24 (A) in subsection (a)— 

25 (i) in paragraph (3)(B)— 

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1 (I) in clause (ii), by inserting 

2 ‘‘students from Indian reservation 

3 communities,’’ after ‘‘(including stu4 dents who are gifted and talented),’’; 

5 (II) in clause (iv), by striking 

6 ‘‘limited English proficient and immi7 grant children; and’’ and inserting 

8 ‘‘children from Indian reservation 

9 communities, limited English pro10 ficient children, and immigrant chil11 dren;’’; 

12 (III) in clause (v), by striking the 

13 period at the end and inserting ‘‘; 

14 and’’; and 

15 (IV) by adding at the end the fol16 lowing: 

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

18 agency that serves Indian children, provide 

19 training in effective incorporation of cul20 turally responsive teaching and learning 

21 strategies for Indian children.’’; and 

22 (ii) in paragraph (4)(D), by inserting 

23 ‘‘Indian students,’’ after ‘‘disadvantaged 

24 families,’’; and 

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

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

2 school funded by the Bureau of Indian Education that re3 ceives funds reserved under section 2111(b)(1)(A)(ii) shall 

4 use such funds to carry out 1 or more of the activities de5 scribed in subsection (a), and may use such funds to im6 prove housing, as needed to recruit and retain highly quali7 fied teachers and principals.’’; 

8 (7) in section 2131(1) (20 U.S.C. 6631(1))— 

9 (A) in subparagraph (A)(i), by inserting ‘‘, 

10 or a Tribal College or University (as defined in 

11 section 316 of the Higher Education Act of 1965 

12 (20 U.S.C. 1059c))’’ after ‘‘principals’’; and 

13 (B) in subparagraph (B), by inserting ‘‘an 

14 Indian tribe,’’ after ‘‘principal organization,’’; 

15 (8) by inserting after subpart 5, the following: 

16 ‘‘Subpart 6—Indian Educator Scholarship Program 

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

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

19 United States trust responsibility for the education of In20 dian children, and to provide a more stable base of edu21 cation professionals to serve in public elementary schools 

22 and secondary schools with a significant number of Indian 

23 students and schools funded by the Bureau of Indian Edu24 cation, the Secretary shall make scholarship grants to Indi25 ans who are enrolled full- or part-time in appropriately 

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1 accredited institutions of higher education and pursuing a 

2 course of study in elementary and secondary education or 

3 school administration. Such scholarships shall be designated 

4 Indian educator scholarships and shall be made in accord5 ance with this section. 

6 ‘‘(b) ELIGIBILITY.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall deter8 mine the applicants who will receive scholarships 

9 under subsection (a). 

10 ‘‘(2) CRITERIA.—In order to be eligible for par11 ticipation in the Indian educator scholarship pro12 gram, an individual must— 

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

14 7151; 

15 ‘‘(B) be accepted for enrollment, or be en16 rolled, as a full- or part-time student in a course 

17 of study in elementary and secondary education 

18 or school administration at an appropriately ac19 credited institution of higher education; 

20 ‘‘(C) submit an application to participate 

21 in the Indian educator scholarship program at 

22 such time and in such manner as the Secretary 

23 shall determine; and 

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

2 the time that such application is submitted, a 

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

4 ‘‘(c) CONTENTS OF CONTRACT.— 

5 ‘‘(1) IN GENERAL.—The written contract between 

6 the Secretary and the individual, as described in sub7 section (b)(2)(D), shall contain the following: 

8 ‘‘(A) A statement that the Secretary agrees 

9 to provide the individual with a scholarship, as 

10 described in subsection (d), in each school year 

11 or years for a period during which such indi12 vidual is pursuing a course of study in elemen13 tary and secondary education or school adminis14 tration at an appropriately accredited institu15 tion of higher education. 

16 ‘‘(B) A statement that the individual 

17 agrees— 

18 ‘‘(i) to maintain enrollment in the 

19 course of study until the individual com20 pletes such course of study; 

21 ‘‘(ii) while enrolled in such course of 

22 study, to maintain an acceptable level of 

23 academic standing (as determined by the 

24 Secretary, taking into account the requiremstockstill on DSK4VPTVN1PROD with 

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1 ments of the educational institution offering 

2 such course of study); and 

3 ‘‘(iii) to serve through full-time em4 ployment at an eligible school for a time pe5 riod (referred to in this section as the ‘pe6 riod of obligated service’) equal to the great7 er of— 

8 ‘‘(I) 1 year for the equivalent of 

9 each school year for which the indi10 vidual was provided a scholarship 

11 under the Indian educator scholarship 

12 program; or 

13 ‘‘(II) 2 years. 

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

15 the United States is entitled, under subsection 

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

17 ‘‘(D) Such other statement of the rights and 

18 liabilities of the Secretary and of the individual, 

19 in accordance with the provisions of this section. 

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

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

22 shall meet the requirement for the period of obli23 gated service under the written contract between 

24 the individual and the Secretary, as described in 

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1 paragraph (1), if such individual is employed 

2 full-time— 

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

4 of Indian Education; or 

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

6 significant number of Indian students. 

7 ‘‘(B) DEFERMENT FOR ADVANCED STUDY.— 

8 At the request of an individual who has entered 

9 into a contract described in this subsection and 

10 who has received a baccalaureate degree in edu11 cation, the Secretary shall defer the period of ob12 ligated service of such individual under such 

13 contract to enable such individual to complete a 

14 course of study leading to an advanced degree in 

15 education or needed to become certified or li16 censed for an appropriate period (in years, as 

17 determined by the Secretary), subject to the fol18 lowing conditions: 

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

20 not be counted as satisfying any period of 

21 obligated service that is required under this 

22 section. 

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

24 the individual shall commence at the later 

25 of— 

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1 ‘‘(I) 90 days after the completion 

2 of the advanced course of study; 

3 ‘‘(II) at the commencement of the 

4 first school year that begins after the 

5 completion of the advanced course of 

6 study; or 

7 ‘‘(III) by a date specified by the 

8 Secretary. 

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

10 individual receiving a scholarship under this sec11 tion who is enrolled part-time in an approved 

12 course of study— 

13 ‘‘(i) a scholarship under this section 

14 shall be for a period of years not to exceed 

15 the part-time equivalent of 4 years, as de16 termined by the Secretary; 

17 ‘‘(ii) the period of obligated service 

18 shall be equal to the greater of— 

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

20 year for each year for which the indi21 vidual was provided a scholarship, as 

22 determined by the Secretary; or 

23 ‘‘(II) 2 years; and 

24 ‘‘(iii) the amount of the monthly sti25 pend specified in subsection (d) shall be remstockstill on DSK4VPTVN1PROD with 

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1 duced pro rata, as determined by the Sec2 retary, based on the number of hours of 

3 study in which such individual is enrolled. 

4 ‘‘(d) SCHOLARSHIP.— 

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

6 student under the Indian educator scholarship pro7 gram for a school year shall consist of payment to, or 

8 in accordance with paragraph (2), on behalf of, the 

9 student in the amount of— 

10 ‘‘(A) the tuition of the student for the school 

11 year or, for a part-time student, the tuition for 

12 the appropriate portion of the school 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 (adjusted 

18 in accordance with paragraph (3)) for each of 

19 the 12 consecutive months beginning with the 

20 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 

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1 amounts of tuition and other reasonable educational 

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

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

4 made without regard to subsections (a) and (b) of sec5 tion 3324 of title 31, United States Code. 

6 ‘‘(3) STIPEND.—The amount of the monthly sti7 pend described in paragraph (1)(C) shall be increased 

8 by the Secretary for each school year ending in a fis9 cal year beginning after September 30, 2011, by an 

10 amount (rounded to the next highest multiple of $1) 

11 equal to the amount of such stipend multiplied by the 

12 overall percentage (under section 5303 of title 5, 

13 United States Code) of the adjustment (if such adjust14 ment is an increase) in the rates of pay under the 

15 General Schedule made effective in the fiscal year in 

16 which such school year ends. 

17 ‘‘(e) LIABILITY; FAILURE TO COMPLETE THE PERIOD

18 OF OBLIGATED SERVICE; REPAYMENT.— 

19 ‘‘(1) LIABILITY.—An individual who has entered 

20 into a written contract with the Secretary under this 

21 section shall be liable to the United States for the 

22 amount which has been paid to, or on behalf of, such 

23 individual under the contract, if such individual— 

24 ‘‘(A) fails to maintain an acceptable level of 

25 academic standing in the institution of higher 

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1 education in which the individual is enrolled (as 

2 determined by the Secretary taking into account 

3 the requirements of the educational institution 

4 offering such course of study); 

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

6 higher education for disciplinary reasons; 

7 ‘‘(C) voluntarily terminates the training in 

8 such institution of higher education for which 

9 such individual is provided a scholarship under 

10 such contract before the completion of such train11 ing; or 

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

13 the institution of higher education in which such 

14 individual is enrolled not to accept payment, 

15 under this section. 

16 ‘‘(2) FAILURE TO COMPLETE THE PERIOD OF OB17 LIGATED SERVICE.— 

18 ‘‘(A) IN GENERAL.—Subject to subpara19 graph (C), if for any reason not specified in 

20 paragraph (1), an individual breaches the writ21 ten contract under this section by failing either 

22 to begin such individual’s period of obligated 

23 service or failing to complete such obligation, the 

24 United States shall be entitled to recover from 

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1 the individual an amount determined in accord2 ance with the following formula: 

‘‘A = 3Z((t–s)/t) 

3 ‘‘in which— 

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

5 entitled to recover; 

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

7 under this section to, or on behalf of, the indi8 vidual and the interest on such amounts which 

9 would be payable if, at the time the amounts 

10 were paid, they were loans bearing interest at 

11 the maximum legal prevailing rate, as deter12 mined by the Treasurer of the United States; 

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

14 the individual’s period of obligated service in ac15 cordance with subsection (c)(2); and 

16 ‘‘(iv) ‘s’ is the number of months of such pe17 riod served by such individual in accordance 

18 with this section. 

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

20 within such period shall be deemed a past-due obliga21 tion for purposes of section 1892 of the Social Secu22 rity Act (42 U.S.C. 1395ccc) and subject to collection 

23 in the manner described under that section. 

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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 section 

4 may petition the Secretary to delay the date on which 

5 the individual would otherwise be required to begin 

6 the period of obligated service if such individual has 

7 not succeeded in obtaining employment required by 

8 this section. In support of such petition, the indi9 vidual shall supply such reasonable information as 

10 the Secretary may require. The Secretary shall retain 

11 full discretion whether to grant or decline such a 

12 delay and to determine the duration of any delay that 

13 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 pe20 riod beginning on such date as shall be specified 

21 by the Secretary. 

22 ‘‘(B) RECOVERY OF DAMAGES.—If damages 

23 described in subparagraph (A) are delinquent for 

24 3 months, the Secretary shall, for the purpose of 

25 recovering such damages— 

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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 recov5 ery of such damages with collection agencies 

6 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 the 

10 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 such 

13 damages. Section 3718 of title 31, United States 

14 Code, shall apply to any such contract to the ex15 tent not inconsistent 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 

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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 payment; 

5 ‘‘(ii) requiring the recipient to meet 

6 the obligation or make the payment would 

7 result in extreme hardship to the recipient; 

8 or 

9 ‘‘(iii) the enforcement of the require10 ment to meet the obligation or make the 

11 payment would be unconscionable. 

12 ‘‘(B) PERMISSIBLE WAIVER.—Notwith13 standing any other provision of law, in any case 

14 of extreme hardship or for other good cause 

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

16 part, the right of the United States to recover 

17 funds made available under this section. 

18 ‘‘(6) BANKRUPTCY.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), and notwithstanding any other provi21 sion of law, with respect to a recipient of an In22 dian educator scholarship, no obligation for pay23 ment may be released by a discharge in bank24 ruptcy under title 11 of the United States Code. 

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

3 ‘‘(i) such discharge is granted after the 

4 expiration of the 5-year period beginning 

5 on the initial date on which that payment 

6 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 for 

16 recruitment and placement of kindergarten, elemen17 tary school, and secondary school teachers and ad18 ministrators in States with a substantial number of 

19 Indian children; 

20 ‘‘(2) elementary schools and secondary schools 

21 funded by the Bureau of Indian Education; and 

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

23 section 1116A(b)). 

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

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

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1 subparts 1 through 5, shall not apply to a grant or scholar2 ship 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 (9) by striking subparagraph (B) of section 

8 2202(a)(2) (20 U.S.C. 6662(a)(2)) and inserting the 

9 following: 

10 ‘‘(B) ALLOTMENT.—From the amount made 

11 available under this part for a fiscal year and 

12 not reserved under subparagraph (A)(i), the Sec13 retary shall allot— 

14 ‘‘(i) one-half of 1 percent to the Sec15 retary of the Interior for grants involving 

16 schools funded by the Bureau of Indian 

17 Education; and 

18 ‘‘(ii) the amount remaining after funds 

19 are distributed in accordance with clause 

20 (i), to the State educational agencies in pro21 portion to the number of children ages 5 

22 through 17, who are from families with in23 comes below the poverty line and reside in 

24 a State for the most recent fiscal year for 

25 which satisfactory data are available, as 

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1 compared to the number of such children 

2 who reside in all such States for such 

3 year.’’; 

4 (10) in section 2302(b)(2), by striking ‘‘or public 

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

6 schools, or schools funded by the Bureau of Indian 

7 Education’’; and 

8 (11) in section 2304— 

9 (A) in subsection (a)(1)(B), by inserting ‘‘or 

10 with a school funded by the Bureau of Indian 

11 Education,’’ after section ‘‘2101,’’; and 

12 (B) in subsection (d)(3), in the matter pre13 ceding subparagraph (A), by striking ‘‘or public 

14 charter school’’ and inserting ‘‘public charter 

15 school, or school funded by the Bureau of Indian 

16 Education’’. 

17 Subtitle C—Native American 

18 Languages Programs 

19 SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS OF IN20 DIAN STUDENTS THROUGH NATIVE AMER21 ICAN LANGUAGES PROGRAMS. 

22 Subpart 1 of part A of title III of the Elementary and 

23 Secondary Education Act of 1965 (20 U.S.C. 6821 et seq.) 

24 is amended by adding at the end the following: 

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1 ‘‘SEC. 3117. IMPROVEMENT OF ACADEMIC SUCCESS OF IN2 DIAN STUDENTS THROUGH NATIVE AMER3 ICAN LANGUAGES PROGRAMS. 

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

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

6 American Indian, Native Hawaiian, and Alaska Na7 tive students through Native American languages pro8 grams; 

9 ‘‘(2) to foster the acquisition of Native American 

10 languages; and 

11 ‘‘(3) to provide support for the exceptional needs 

12 of language learning for children in schools in which 

13 the primary medium of education is through a Native 

14 American language , as defined in section 103 of the 

15 Native American Languages Act (25 U.S.C. 2902). 

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

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

18 with respect to the number of hours of instruction 

19 through the use of a Native American language, 

20 means the aggregate number of hours of instruction 

21 through the use of a Native American language to all 

22 students enrolled in a Native American language pro23 gram during a school year divided by the total num24 ber of students enrolled in the program. 

25 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti26 ty’ means— 

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1 ‘‘(A) a local educational agency; 

2 ‘‘(B) an Indian tribe; 

3 ‘‘(C) an Indian organization or a Native 

4 American language nest or Native American lan5 guage survival school; 

6 ‘‘(D) a federally supported elementary 

7 school or secondary school for Indian children; 

8 ‘‘(E) a Native Hawaiian educational orga9 nization; 

10 ‘‘(F) an Indian institution (including a 

11 Tribal College or University (as defined in sec12 tion 316 of the Higher Education Act of 1965 

13 (20 U.S.C. 1059c)) and a Native American lan14 guage college); 

15 ‘‘(G) a consortium of any of the entities de16 scribed in subparagraphs (A) through (F); and 

17 ‘‘(H) a nonprofit organization that operates 

18 Native American language nests or Native Amer19 ican language survival schools. 

20 ‘‘(3) NATIVE AMERICAN LANGUAGE COLLEGE.— 

21 The term ‘Native American language college’ means— 

22 ‘‘(A) a Tribal College or University (as de23 fined in section 316 of the Higher Education Act 

24 of 1965 (20 U.S.C. 1059c)) when control of a 

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1 grant program rests with its Native American 

2 language-speaking faculty; and 

3 ‘‘(B) one single, State-governed institution 

4 of higher education per State (which may oper5 ate as part of a larger institution of higher edu6 cation) which the State legislature has des7 ignated for the purpose of using and supporting 

8 1 or more Native American languages in elemen9 tary through higher education. 

10 ‘‘(4) NATIVE HAWAIIAN EDUCATIONAL ORGANIZA11 TION.—The term ‘Native Hawaiian educational orga12 nization’ has the meaning given the term in section 

13 1116A(b) 

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.— 

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1 ‘‘(1) IN GENERAL.—Each eligible entity desiring 

2 a grant under this section shall submit an applica3 tion to the Secretary at such time, in such manner, 

4 and accompanied by such information as the Sec5 retary may reasonably require, in addition to the in6 formation 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 grant 

17 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; 

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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 and 

5 materials for learning Native American 

6 languages and for instruction through the 

7 use of Native American languages; 

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

9 ‘‘(v) work toward a goal of all students 

10 participating in such a program achiev11 ing— 

12 ‘‘(I) fluency in a Native American 

13 language; and 

14 ‘‘(II) academic proficiency in 

15 mathematics, English, reading or lan16 guage 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 training programs; and 

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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 culture 

9 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 in 

24 Native American language translation for fluent 

25 speakers, training programs for Native American 

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1 language teachers, and training programs for 

2 teachers in schools to utilize Native American 

3 language materials, tools, and interactive media 

4 to teach a Native American language; and 

5 ‘‘(G) the development of Native American 

6 language materials, such as books, audio and 

7 visual tools, and interactive media programs. 

8 ‘‘(f) ASSURANCE.—An eligible entity awarded a grant 

9 under this section shall provide an assurance that each in10 structor of a Native American language under a program 

11 supported with grant funds under this section is certified 

12 to teach such language by the Indian tribe or Native Ha13 waiian educational organization whose language will be 

14 taught. 

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

16 year of a grant awarded under this section, the Secretary 

17 shall— 

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

19 programs carried out by the grantee with grant funds; 

20 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 

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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 EDUCATIONAL AGENCY 

4 AGREEMENTS. 

5 Part A of title III of the Elementary and Secondary 

6 Education Act of 1965 (20 U.S.C. 6801 et seq.) is amended 

7 by adding at the end the following: 

8 ‘‘Subpart 5—State and Tribal Educational Agency 

9 Agreements 

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

11 AGREEMENTS. 

12 ‘‘(a) PURPOSE.—The purpose of this section is to fa13 cilitate efforts by tribal educational 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 OF TRIBAL EDUCATIONAL AGENCY.— 

21 In this section, the term ‘tribal educational agency’ has the 

22 meaning given the term in section 1116A(b). 

23 ‘‘(c) AUTHORITY FOR ELIGIBLE TRIBAL EDUCATIONAL

24 AGENCIES.— 

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1 ‘‘(1) IN GENERAL.—In order to receive the au2 thority or funds described in paragraph (3), an eligi3 ble tribal educational agency shall enter into an 

4 agreement, subject to approval by the Secretary, with 

5 the appropriate State educational agency to assume 

6 the State educational agency’s responsibility for car7 rying out activities specified in the agreement under 

8 1 or more of the programs identified in paragraph 

9 (3)(B)(ii) on the eligible tribal educational agency’s 

10 reservation or tribal lands. 

11 ‘‘(2) ELIGIBILITY.—In order for a tribal edu12 cational agency to receive the authority or funds de13 scribed in paragraph (3), pursuant to an agreement 

14 with the State educational agency— 

15 ‘‘(A) the eligible tribal educational agency’s 

16 tribe must have a reservation or tribal lands 

17 (which may be an Alaska Native village), as rec18 ognized under Federal or State law, on which 1 

19 or more publicly administered schools are oper20 ating under State law; and 

21 ‘‘(B) not less than 50 percent of the students 

22 enrolled in each such school must be Indians. 

23 ‘‘(3) ELIGIBLE TRIBAL EDUCATIONAL AGENCY

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

25 eligible tribal educational agency that has an apmstockstill on DSK4VPTVN1PROD with 

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1 proved agreement in place, as described in paragraph 

2 (1), the Secretary shall, consistent with the agree3 ment— 

4 ‘‘(A) treat the eligible tribal educational 

5 agency as a State educational agency for the 

6 purposes of— 

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

8 tribal lands, the activities specified in the 

9 agreement under 1 or more of the programs 

10 listed in subparagraph (B)(ii); and 

11 ‘‘(ii) section 444 of the General Edu12 cation Provisions Act (20 U.S.C. 1232g, 

13 commonly known as the ‘Family Edu14 cational Rights and Privacy Act of 1974’); 

15 and 

16 ‘‘(B) provide to the eligible tribal edu17 cational agency a proportion of the funds that 

18 are available to— 

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

20 and 

21 ‘‘(ii) as applicable, award subgrants 

22 under 1 or more of the following programs, 

23 as provided for in the agreement: 

24 ‘‘(I) State grants under part A of 

25 title I. 

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1 ‘‘(II) Grants under this Act that 

2 support school turnaround efforts. 

3 ‘‘(III) Grants under this Act for 

4 the purpose of assessing achievement. 

5 ‘‘(IV) The teacher and principal 

6 training and recruiting fund under 

7 part A of title II. 

8 ‘‘(V) Grants under the English 

9 Language Acquisition, Language En10 hancement, and Academic Achievement 

11 Act under part A of title III. 

12 ‘‘(VI) The education of migratory 

13 children program under part C of title 

14 I. 

15 ‘‘(VII) Grants provided for the 

16 education of homeless children and 

17 youth. 

18 ‘‘(VIII) Prevention and interven19 tion programs for children and youth 

20 who are neglected, delinquent, or at21 risk under part D of title I. 

22 ‘‘(IX) Programs under this Act for 

23 rural and low-income schools. 

24 ‘‘(4) ELIGIBLE TRIBAL EDUCATIONAL AGENCY

25 WITHOUT AN APPROVED AGREEMENT.—In the case of 

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1 an eligible tribal educational agency that has not yet 

2 entered into an agreement, as described in paragraph 

3 (1), the Secretary may provide technical assistance to 

4 the eligible tribal educational agency in order to fa5 cilitate such an agreement. 

6 ‘‘(d) APPLICATIONS.— 

7 ‘‘(1) IN GENERAL.—An eligible tribal edu8 cational agency that desires to receive the authority 

9 or funds described in subsection (c)(3), pursuant to 

10 an agreement with a State educational agency, shall 

11 submit an application to the Secretary at such time, 

12 in such manner, and containing such information 

13 and assurances as the Secretary may require. 

14 ‘‘(2) APPLICATION FROM AN ELIGIBLE TRIBAL

15 EDUCATIONAL AGENCY THAT HAS AN AGREEMENT.— 

16 An application from an eligible tribal educational 

17 agency that has an agreement in place with the State 

18 educational agency and is seeking the Secretary’s ap19 proval of such agreement, in order to gain the author20 ity or funds described under subsection (c)(3), shall— 

21 ‘‘(A) describe the eligible tribal educational 

22 agency’s current role and responsibilities on the 

23 reservation or tribal lands; and 

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1 ‘‘(B) provide a copy of the agreement de2 scribed in subsection (c)(1), which shall, at a 

3 minimum— 

4 ‘‘(i) identify each program listed in 

5 subsection (c)(3)(B)(ii) for which the appli6 cant will assume some or all of the State7 level responsibility on the reservation or 

8 tribal lands under the agreement; 

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

10 that the tribal educational agency will 

11 carry out under such program, and the di12 vision of roles and responsibilities between 

13 the tribal educational agency and the State 

14 educational agency in carrying out such ac15 tivities, including, if applicable, any divi16 sion of responsibility for awarding sub17 grants to local educational agencies; 

18 ‘‘(iii) identify the administrative and 

19 fiscal resources that the applicant will have 

20 available to carry out such activities; and 

21 ‘‘(iv) provide evidence of any other col22 laboration with the State educational agen23 cy in administering State-level activities for 

24 the programs listed in subsection 

25 (c)(3)(B)(ii). 

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1 ‘‘(3) APPLICATION FROM AN ELIGIBLE TRIBAL

2 EDUCATIONAL AGENCY THAT HAS NOT YET ENTERED

3 INTO AN AGREEMENT WITH A STATE EDUCATIONAL

4 AGENCY.—An application from an eligible tribal edu5 cational agency that has not yet entered into an 

6 agreement with a State educational agency, as de7 scribed under subsection (c)(1), shall include a de8 scription of— 

9 ‘‘(A) the program authority that the eligible 

10 tribal educational agency would like to obtain 

11 and the State-level activities that the eligible 

12 tribal educational agency would like to carry 

13 out; 

14 ‘‘(B) the eligible tribal educational agency’s 

15 role and responsibilities on the reservation or 

16 tribal lands and administrative and fiscal capa17 bility and resources at the time of the applica18 tion; and 

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

20 for entering into the agreement described under 

21 subsection (c)(1). 

22 ‘‘(e) SPECIAL RULE.—If the tribal educational agency 

23 and State educational agency are unable to reach an agree24 ment that the Secretary approves, the Secretary may, at 

25 the request of either agency and for a reasonable period, 

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1 use all or a portion of the State’s administrative funds for 

2 a program listed in subsection (c)(3)(B)(ii) for which an 

3 application is made, in order to facilitate an agreement 

4 (such as through alternative dispute resolution). 

5 ‘‘(f) REVIEW AND REPORTING.— 

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

7 eligible tribal educational agency and a State edu8 cational agency that have an approved agreement 

9 to— 

10 ‘‘(A) periodically review the agreement; and 

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

12 and submit the revised agreement to the Sec13 retary for approval. 

14 ‘‘(2) REPORT.—An eligible tribal educational 

15 agency and a State educational agency that have an 

16 approved agreement shall report to the Secretary 

17 every 2 years about the effectiveness of the agreement. 

18 ‘‘(g) APPLICABILITY.—Notwithstanding any other pro19 vision of this part, the provisions of subparts 1, 2, 3, and 

20 4 shall not apply to this subpart.’’. 

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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 and 

5 Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) 

6 is amended by adding at the end the following: 

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

8 AMERICAN STUDENTS. 

9 ‘‘(a) PROGRAM AUTHORIZED.—Not later than 1 year 

10 after the date of enactment of the Native Culture, Language, 

11 and Access for Success in Schools Act, and from funds made 

12 available to carry out this subpart, the Secretary shall— 

13 ‘‘(1) establish a program to improve school envi14 ronments and student skill development for healthy 

15 choices for Native American students in all public ele16 mentary and secondary schools that are eligible to re17 ceive support under part A of title VII, including— 

18 ‘‘(A) prevention regarding— 

19 ‘‘(i) alcohol and drug misuse; 

20 ‘‘(ii) suicide; 

21 ‘‘(iii) violence; 

22 ‘‘(iv) pregnancy; and 

23 ‘‘(v) obesity; 

24 ‘‘(B) nutritious eating programs; and 

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1 ‘‘(C) anger and conflict management pro2 grams; 

3 ‘‘(2) establish a program for school dropout pre4 vention for Native American students; and 

5 ‘‘(3) collaborate with the Secretary of Agriculture 

6 to establish tribal-school specific school gardens and 

7 nutrition programs that are within the tribal cultural 

8 context. 

9 ‘‘(b) COOPERATION WITH INDIAN TRIBES.—In car10 rying out subsection (a), the Secretary shall, to the extent 

11 practicable, work in cooperation with Indian tribes.’’. 

12 Subtitle E—Centers for Innovation 

13 in Tribally Directed Education 

14 SEC. 151. CENTERS FOR INNOVATION IN TRIBALLY DI15 RECTED EDUCATION. 

16 (a) IN GENERAL.—Part A of title V (20 U.S.C. 7201 

17 et seq.) is amended— 

18 (1) by redesignating subpart 4 as subpart 5; 

19 (2) by redesignating sections 5141 through 5146 

20 as sections 5151 through 5156, respectively; and 

21 (3) by inserting after section 5133 the following: 

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1 ‘‘Subpart 4—Centers for Innovation in Tribally 

2 Directed Education 

3 ‘‘SEC. 5141. PURPOSE. 

4 ‘‘In order to carry out the United States’ unique and 

5 continuing trust responsibility to the Indian people for the 

6 education of Indian children and to meet the unique edu7 cational and cultural needs of such children, it is the pur8 pose of this subpart to provide technical and professional 

9 expertise to Indian tribes to enable such tribes to build and 

10 maintain the capacity to effectively exercise their right and 

11 authority to direct the delivery of educational services to 

12 Indian children. 

13 ‘‘SEC. 5142. REQUIREMENTS FOR CENTERS. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti16 ty’ means— 

17 ‘‘(A) an Indian tribe; 

18 ‘‘(B) an institution of higher education, in19 cluding a tribally controlled college or univer20 sity; 

21 ‘‘(C) an Indian organization, as defined in 

22 section 263.20 of title 34, Code of Federal Regu23 lations; 

24 ‘‘(D) a Native Hawaiian educational orga25 nization, as defined in section 1116A(b); 

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1 ‘‘(E) a public or private nonprofit organi2 zation; or 

3 ‘‘(F) a consortium of the entities described 

4 in any of subparagraphs (A) through (E). 

5 ‘‘(2) TRIBALLY CONTROLLED COLLEGE OR UNI6 VERSITY.—The term ‘tribally controlled college or 

7 university’ has the meaning given the term ‘Tribal 

8 College or University’ (as defined in section 316 of the 

9 Higher Education Act of 1965 (20 U.S.C. 1059c)). 

10 ‘‘(b) ESTABLISHMENT OF CENTERS.—Through grants 

11 or contracts authorized under subsection (c), the Secretary 

12 shall establish 2 Centers for Innovation and Excellence in 

13 Tribally Directed Education (referred to in this subpart as 

14 the ‘Centers’) to provide technical and professional assist15 ance, as described in subsection (e), to Indian tribes, tribal 

16 educational agencies, as designated by Indian tribes, and 

17 Native Hawaiian educational organizations to enable those 

18 entities to build and maintain the capacity to carry out 

19 their authorities and responsibilities for directing and over20 seeing the education of their Native children. 

21 ‘‘(c) GRANTS AUTHORIZED.— 

22 ‘‘(1) IN GENERAL.—The Secretary is authorized 

23 to award grants to, or enter into contracts with, 2 eli24 gible entities to establish the Centers and carry out 

25 activities that meet the purposes of this subpart. 

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1 ‘‘(2) GRANT DURATION.—Each grant awarded or 

2 contract entered into under this subpart shall be for 

3 a period of not less than 4 years and not more than 

4 6 years. A grant or contract awarded under this sub5 part shall be eligible for renewal. 

6 ‘‘(d) APPLICATIONS; PRIORITY.— 

7 ‘‘(1) IN GENERAL.—Each eligible entity desiring 

8 a grant or contract under this subpart shall submit 

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

10 manner, and accompanied by such information, in 

11 addition to the information described in paragraph 

12 (2), as the Secretary may reasonably require. 

13 ‘‘(2) CONTENTS.—An eligible entity shall include 

14 in its application under this subpart the following: 

15 ‘‘(A) A description of the extent of the enti16 ty’s knowledge of the structures of Indian tribal 

17 or Native Hawaiian governments and any expe18 rience in working with or for tribal or Native 

19 Hawaiian governments or their agencies. 

20 ‘‘(B) A description of the extent of the enti21 ty’s experience working with Indian tribes, Na22 tive Hawaiians, schools funded by the Bureau of 

23 Indian Education, and local educational agen24 cies with high concentrations of Indian or Native 

25 Hawaiian children. 

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1 ‘‘(C) A description of the extent of the enti2 ty’s knowledge of, or experience with, culturally 

3 based education programs and language immer4 sion programs. 

5 ‘‘(D) An assurance that the entity will, if 

6 awarded a grant or contract under this subpart, 

7 establish an advisory board, which shall guide 

8 the entity’s performance of the grant and shall be 

9 comprised of the following: 

10 ‘‘(i) Tribal or Native Hawaiian gov11 ernmental officials. 

12 ‘‘(ii) Tribal or Native Hawaiian edu13 cation officials. 

14 ‘‘(iii) Individuals experienced in teach15 ing or leadership positions in schools funded 

16 by the Bureau of Indian Education or 

17 schools that are served by a local edu18 cational agency and have high concentra19 tions of Indian or Native Hawaiian chil20 dren. 

21 ‘‘(iv) Education researchers with ex22 pertise in teaching and learning strategies 

23 for Indian or Native Hawaiian children. 

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1 ‘‘(v) Parents of Indian or Native Ha2 waiian children enrolled in an elementary 

3 school or secondary school. 

4 ‘‘(3) PRIORITY.—In awarding grants or entering 

5 into contracts under this subpart, the Secretary shall 

6 give preference to eligible entities that are tribally 

7 controlled colleges or universities, or consortia which 

8 include one or more tribally controlled colleges or uni9 versities. 

10 ‘‘(e) USE OF FUNDS.—An eligible entity receiving a 

11 grant or contract under this subpart shall use the funds 

12 provided under this subpart for any of the following: 

13 ‘‘(1) Programs designed to build capacity within 

14 Indian tribal governments to exercise policymaking, 

15 operational, and oversight authority over educational 

16 programs serving the children of such tribes, to estab17 lish effective consultation procedures with State edu18 cational agencies and local educational agencies, and 

19 to collaborate with Federal, State, and local agencies. 

20 ‘‘(2) Activities to assist Indian tribes in estab21 lishing tribal educational agencies and developing 

22 operational and organizational protocols compatible 

23 with tribal structures and responsive to tribal objec24 tives. 

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1 ‘‘(3) Strategies to enhance and maintain effective 

2 involvement of parents of Indian or Native Hawaiian 

3 children in their children’s educational program. 

4 ‘‘(4) Assistance with development or review of 

5 curriculum and assessments that are culturally ap6 propriate and effective for Indian or Native Hawai7 ian students. 

8 ‘‘(5) Development of professional development 

9 programs for teachers of Indian or Native Hawaiian 

10 children. 

11 ‘‘(6) Collection and dissemination of best prac12 tices regarding culturally appropriate curriculum 

13 and teaching techniques. 

14 ‘‘(7) Development of programs to assist teachers 

15 of Indian or Native Hawaiian children in use of 

16 achievement data to improve the effectiveness of edu17 cational programs. 

18 ‘‘(8) Assistance to Indian tribes or Native Ha19 waiian educational organizations in developing pro20 grams to address behavioral issues in elementary and 

21 secondary schools such as truancy, bullying, gangs, 

22 and violence. 

23 ‘‘(9) Assistance to Indian tribes or Native Ha24 waiian educational organizations in development of 

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1 community-specific academic achievement standards, 

2 assessments, and remedial requirements. 

3 ‘‘(10) Such other activities consistent with the 

4 purposes of this subpart.’’. 

5 (b) CONFORMING AMENDMENT.—Section 5122(a)(3) of 

6 the Elementary and Secondary Education Act of 1965 (25 

7 U.S.C. 7213a(a)(3)) is amended by striking ‘‘5142’’ and in8 serting ‘‘5152’’. 

9 SEC. 152. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 5156 of the Elementary and Secondary Edu11 cation Act of 1965 (as redesignated by section 151(2)) (20 

12 U.S.C. 7217e) is amended— 

13 (1) in the matter preceding paragraph (1)— 

14 (A) by striking ‘‘There are’’ and inserting 

15 ‘‘(a) IN GENERAL.—There are’’; and 

16 (B) by striking ‘‘this part’’ and inserting 

17 ‘‘this part (except for subpart 4)’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(b) CENTERS FOR INNOVATION IN TRIBALLY DI20 RECTED EDUCATION.—There are authorized to be appro21 priated to carry out subpart 4 $3,000,000 for fiscal year 

22 2012 and such sums as may be necessary for each of the 

23 5 succeeding fiscal years.’’. 

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1 Subtitle F—Indian, Native Hawai2 ian, and Alaska Native Edu3 cation 

4 PART I—INDIAN EDUCATION 

5 SEC. 161. PURPOSE. 

6 Section 7102 of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 7402) is amended— 

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

9 following: 

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

11 support the efforts of local educational agencies, Indian 

12 tribes and organizations, postsecondary institutions, and 

13 other entities to improve the academic achievement of Amer14 ican Indian, Native Hawaiian, and Alaska Native students 

15 by meeting their unique cultural, language, and educational 

16 needs.’’; and 

17 (2) in subsection (b)— 

18 (A) by redesignating paragraphs (3) and 

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

20 (B) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘(3) strengthening American Indian, Native Ha23 waiian, and Alaska Native students’ knowledge of 

24 their languages, history, traditions, and cultures;’’. 

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1 SEC. 162. PURPOSE OF FORMULA GRANTS. 

2 Section 7111 of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 7421) is amended to read 

4 as follows: 

5 ‘‘SEC. 7111. PURPOSE. 

6 ‘‘It is the purpose of this subpart to support the efforts 

7 of local educational agencies to develop elementary school 

8 and secondary school programs for Indian students that are 

9 designed to meet the unique cultural, language, and edu10 cational needs of such students.’’. 

11 SEC. 163. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND 

12 TRIBES. 

13 Section 7112 of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 7422) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘The Secretary’’ and insert17 ing the following: 

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

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

20 ‘‘(2) CONSORTIA.— 

21 ‘‘(A) IN GENERAL.—Two or more local edu22 cational agencies may form a consortium to apply for 

23 and carry out a program under this subpart, as long 

24 as each local educational agency participating in the 

25 consortium— 

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

2 that the eligible Indian children served by such 

3 local educational agency receive the services of 

4 the programs funded under this subpart; and 

5 ‘‘(ii) shall be subject to all requirements, as6 surances, and obligations applicable to local edu7 cational agencies under this subpart. 

8 ‘‘(B) APPLICABILITY.—The Secretary shall treat 

9 each consortium described in subparagraph (A) as if 

10 such consortium were a local educational agency for 

11 purposes of this subpart.’’; 

12 (2) in subsection (b)— 

13 (A) by striking paragraph (1) and inserting 

14 the following: 

15 ‘‘(1) ENROLLMENT REQUIREMENTS.— 

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), a local educational agency shall be el18 igible for a grant under this subpart for any fis19 cal year if the number of Indian children eligible 

20 under section 7117 who were enrolled in the 

21 schools of the agency, and to whom the agency 

22 provided free public education, during the pre23 ceding fiscal year— 

24 ‘‘(i) was at least 10; or 

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1 ‘‘(ii) constituted not less than 25 per2 cent of the total number of individuals en3 rolled in the schools of such agency. 

4 ‘‘(B) SPECIAL RULE.—Notwithstanding any 

5 other provision of this Act, in any case where an 

6 Indian tribe that represents a plurality of the el7 igible Indian children who are served by a local 

8 educational agency eligible for a grant under 

9 this subpart requests that the local educational 

10 agency enter into a cooperative agreement with 

11 such tribe to assist in the planning and oper12 ation of the program funded by such grant, the 

13 local educational agency shall enter into such an 

14 agreement as a condition for receiving funds 

15 under this subpart.’’; and 

16 (B) in paragraph (2), by striking ‘‘a res17 ervation’’ and inserting ‘‘an Indian reserva18 tion’’; 

19 (3) in subsection (c)— 

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

21 grant, an’’ and all that follows through the pe22 riod at the end of paragraph (1) inserting the 

23 following: ‘‘such grant, any of the following enti24 ties may apply for such grant: 

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1 ‘‘(A) An Indian tribe that represents a plu2 rality of the eligible Indian children who are 

3 served by such local educational agency. 

4 ‘‘(B) A consortium of Indian tribes rep5 resenting a plurality of the eligible Indian chil6 dren who are served by such local educational 

7 agency.’’; and 

8 (B) in paragraph (2)— 

9 (i) by inserting ‘‘or consortium of In10 dian tribes’’ after ‘‘each Indian tribe’’; 

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

12 after ‘‘such Indian tribe’’; and 

13 (iii) by inserting ‘‘or consortium’’ after 

14 ‘‘any such tribe’’; and 

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

16 ‘‘(d) INDIAN COMMITTEE.—If neither a local edu17 cational agency pursuant to subsection (b), nor an Indian 

18 tribe or consortium of Indian tribes pursuant to subsection 

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

20 of Indian individuals in the community of the local edu21 cational agency may apply for such grant and the Sec22 retary shall apply the special rule in subsection (c)(2) to 

23 such committee in the same manner as such rule applies 

24 to an Indian tribe or a consortium of Indian tribes.’’. 

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1 SEC. 164. AMOUNT OF GRANTS. 

2 Section 7113 of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 7423) is amended— 

4 (1) in subsection (b)— 

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

6 and inserting ‘‘$10,000’’; 

7 (B) in paragraph (2)— 

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

9 after ‘‘Local educational agencies’’; and 

10 (ii) by inserting ‘‘and operating pro11 grams’’ after ‘‘obtaining grants’’; and 

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

13 ‘‘$15,000’’; and 

14 (2) in subsection (d)— 

15 (A) in the subsection heading, by striking 

16 ‘‘AFFAIRS’’ and inserting ‘‘EDUCATION’’; and 

17 (B) in paragraph (1)(A)(i), by striking ‘‘Af18 fairs’’ and inserting ‘‘Education’’. 

19 SEC. 165. APPLICATIONS. 

20 Section 7114 of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 7424) is amended— 

22 (1) in subsection (b)— 

23 (A) in paragraph (2)— 

24 (i) in subparagraph (A), by striking 

25 ‘‘is consistent with the State and local’’ and 

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1 insert ‘‘supports the State, tribal, and 

2 local’’; and 

3 (ii) in subparagraph (B), by striking 

4 ‘‘, that are’’ and all that follows through 

5 ‘‘all children’’; 

6 (B) in paragraph (3), by striking ‘‘, espe7 cially programs carried out under title I,’’; 

8 (C) in paragraph (5)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘and’’ after the semicolon; and 

11 (ii) by adding at the end the following: 

12 ‘‘(C) the parents of Indian children and 

13 representatives of Indian tribes on the committee 

14 described in subsection (c)(5) will participate in 

15 the planning of the professional development ma16 terials; and’’; and 

17 (D) in paragraph (6)(B)— 

18 (i) in clause (i)— 

19 (I) by striking ‘‘subsection (c)(4)’’ 

20 and inserting ‘‘subsection (c)(5)’’; and 

21 (II) by striking ‘‘and’’ after the 

22 semicolon; and 

23 (ii) by adding at the end the following: 

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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 fol9 lowing: 

10 ‘‘(2) the local educational agency will use funds 

11 received under this subpart only for activities de12 scribed and authorized in this subpart;’’; and 

13 (C) in paragraph (3) (as redesignated by 

14 subparagraph (A))— 

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 ac22 tivities address the unique cultural, language, 

23 and educational needs of Indian students;’’; and 

24 (3) by adding at the end the following: 

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1 ‘‘(d) OUTREACH.—The Secretary shall monitor the ap2 plications for grants under this subpart to identify eligible 

3 local educational agencies and schools funded by the Bureau 

4 of Indian Education that have not applied for grants, and 

5 shall undertake appropriate outreach activities to encourage 

6 and assist such entities to submit applications.’’. 

7 SEC. 166. AUTHORIZED SERVICES AND ACTIVITIES. 

8 Section 7115 of the Elementary and Secondary Edu9 cation Act of 1965 (20 U.S.C. 7425) is amended— 

10 (1) in subsection (b)— 

11 (A) by redesignating paragraphs (1) 

12 through (11) as paragraphs (2) through (12), re13 spectively; 

14 (B) by inserting before paragraph (2) (as 

15 redesignated by subparagraph (A)) the following: 

16 ‘‘(1) the activities that support Native American 

17 language programs and Native American language 

18 restoration programs, such as those programs de19 scribed in section 7123;’’; 

20 (C) in paragraph (4) (as redesignated by 

21 subparagraph (A)), by striking ‘‘and directly 

22 support the attainment of challenging State aca23 demic content and student academic achievement 

24 standards’’; 

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1 (D) in paragraph (5) (as redesignated by 

2 subparagraph (A)), by striking ‘‘that meet the 

3 needs of Indian children and their families’’ and 

4 inserting ‘‘, including programs that promote 

5 parental involvement in school activities and 

6 promote parental involvement to increase student 

7 achievement, in order to meet the unique needs 

8 of Indian children and their families’’; 

9 (E) in paragraph (10) (as redesignated by 

10 subparagraph (A)), by striking ‘‘, consistent with 

11 State standards’’; and 

12 (F) in paragraph (12) (as redesignated by 

13 subparagraph (A)), by striking ‘‘, and incor14 porate appropriately qualified tribal elders and 

15 seniors’’; and 

16 (2) in subsection (c)— 

17 (A) in paragraph (1), by striking ‘‘and’’ 

18 after the semicolon; 

19 (B) in paragraph (2), by striking the period 

20 and inserting ‘‘; and’’; and 

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

22 ‘‘(3) the local educational agency identifies in its 

23 application how the use of such funds in a schoolwide 

24 program will produce benefits to the Indian students 

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1 that would not be achieved if the funds were not used 

2 in a schoolwide program.’’. 

3 SEC. 167. STUDENT ELIGIBILITY FORMS. 

4 Section 7117(e) of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 7427(e)) is amended— 

6 (1) by striking ‘‘For purposes’’ and inserting the 

7 following: 

8 ‘‘(1) IN GENERAL.—For purposes’’; and 

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

10 ‘‘(2) RECORDS.—Once a child is determined to 

11 be an Indian eligible to be counted for such grant 

12 award, the local educational agency shall maintain a 

13 record of such determination and the local edu14 cational agency and Secretary shall not require a new 

15 or duplicate determination to be made for such child 

16 for a subsequent application for a grant under this 

17 subpart.’’. 

18 SEC. 168. TECHNICAL ASSISTANCE. 

19 Subpart 1 of part A of title VII of the Elementary 

20 and Secondary Education Act of 1965 (20 U.S.C. 7421 et 

21 seq.) is further amended by adding at the end the following: 

22 ‘‘SEC. 7120. TECHNICAL ASSISTANCE. 

23 ‘‘The Secretary shall, directly or through a contract, 

24 provide technical assistance to a local educational agency 

25 or Indian tribe upon request (in addition to any technical 

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1 assistance available under any other provision of this Act 

2 or available through the Institute of Education Sciences) 

3 to support the services and activities provided under this 

4 subpart, including technical assistance for— 

5 ‘‘(1) the development of applications under this 

6 subpart; 

7 ‘‘(2) the improvement in the quality of imple8 mentation, content of activities, and evaluation of ac9 tivities supported under this subpart; and 

10 ‘‘(3) the integration of activities under this title 

11 with other educational activities established by the 

12 local educational agency.’’. 

13 SEC. 169. AMENDMENTS RELATING TO TRIBAL COLLEGES 

14 AND UNIVERSITIES. 

15 Subpart 2 of part A of title VII of the Elementary 

16 and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

17 seq.) is amended— 

18 (1) in section 7121(b), by striking ‘‘Indian insti19 tution (including an Indian institution of higher edu20 cation)’’ and inserting ‘‘Tribal College or University, 

21 as defined in section 316(b) of the Higher Education 

22 Act of 1965’’; and 

23 (2) in section 7122— 

24 (A) in subsection (b)— 

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1 (i) by striking paragraph (1) and in2 serting the following: 

3 ‘‘(1) a Tribal College or University, as defined in 

4 section 316(b) of the Higher Education Act of 1965;’’; 

5 and 

6 (ii) in paragraph (4), by striking the 

7 period and inserting ‘‘, in consortium with 

8 not less than 1 Tribal College or University, 

9 as defined in section 316(b) of the Higher 

10 Education Act of 1965.’’; and 

11 (B) in subsection (f)— 

12 (i) by redesignating paragraphs (1) 

13 and (2) as paragraphs (2) and (3), respec14 tively; 

15 (ii) by inserting after ‘‘the Secretary— 

16 ’’ the following: 

17 ‘‘(1) shall give priority to tribally chartered in18 stitutions of higher education;’’; 

19 (iii) in paragraph (2), as redesignated 

20 by clause (i), by striking ‘‘shall’’ and insert21 ing ‘‘may’’; and 

22 (iv) in paragraph (3), as redesignated 

23 by clause (i), by striking ‘‘basis of—’’ and 

24 all that follows through ‘‘grants’’ and in25 serting ‘‘basis of the length of any period 

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1 during which the eligible entity has received 

2 a grant or grants’’. 

3 SEC. 170. TRIBAL EDUCATIONAL AGENCY COOPERATIVE 

4 AGREEMENTS. 

5 Subpart 2 of part A of title VII of the Elementary 

6 and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

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

8 ‘‘SEC. 7123. TRIBAL EDUCATIONAL AGENCY COOPERATIVE 

9 AGREEMENTS. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other provi11 sion of this Act, an Indian tribe may enter into a coopera12 tive agreement with a State educational agency or a local 

13 educational agency that serves a school that is within the 

14 Indian lands of such Indian tribe. 

15 ‘‘(b) COOPERATIVE AGREEMENT.—Upon the request of 

16 an Indian tribe that includes, within the Indian lands of 

17 the tribe, a school served by a State educational agency or 

18 a local educational agency that receives assistance under 

19 this Act, the State educational agency or local educational 

20 agency shall enter into a cooperative agreement with the 

21 Indian tribe with respect to such school. The Indian tribe 

22 and the State educational agency or local educational agen23 cy, as the case may be, shall determine the terms of the 

24 agreement, and the agreement may— 

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1 ‘‘(1) authorize the tribal educational agency of 

2 the Indian tribe to plan, conduct, consolidate, and 

3 administer programs, services, functions, and activi4 ties, or portions thereof, administered by the State 

5 educational agency or local educational agency; and 

6 ‘‘(2) authorize the tribal educational agency to 

7 reallocate funds for such programs, services, functions, 

8 and activities, or portions thereof as necessary. 

9 ‘‘(c) DISAGREEMENT.—If an Indian tribe has re10 quested a cooperative agreement under subsection (b) with 

11 a State educational agency or local educational agency that 

12 receives assistance under this Act, and the Indian tribe and 

13 State educational agency or local educational agency can14 not reach an agreement, the Indian tribe agency may sub15 mit to the Secretary the information that the Secretary de16 termines relevant to make a determination. The Secretary 

17 shall provide notice to the affected State educational agency 

18 or local educational agency not later than 30 days after 

19 receiving the Indian tribe’s educational organization’s sub20 mission. After such notice is made, the State educational 

21 agency or local educational agency has 30 days to submit 

22 information that the Secretary determines relevant in rela23 tion to the disagreement. After the 30 days provided to the 

24 State educational agency or local educational agency has 

25 elapsed, the Secretary shall make a determination. 

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1 ‘‘(d) CONSORTIUM OF TRIBES.—Nothing in this sec2 tion shall preclude the development and submission of a sin3 gle tribal educational agencies pilot project cooperative 

4 agreement by the participating Indian tribes of an inter5 tribal consortium. 

6 ‘‘(e) DEFINITIONS.—In this section: 

7 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ has 

8 the meaning given the term ‘Indian lands’ in section 

9 8013. 

10 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

11 means any Indian tribe, band, nation, other orga12 nized group or community, including any Native vil13 lage or Regional Corporation or Village Corporation 

14 as defined in or established pursuant to the Alaska 

15 Native Claims Settlement Act, that is recognized as 

16 eligible for the special programs and services provided 

17 by the United States to Indians because of their sta18 tus as Indians.’’. 

19 SEC. 171. TRIBAL EDUCATIONAL AGENCIES PILOT PROJECT. 

20 Subpart 2 of part A of title VII of the Elementary 

21 and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

22 seq.) is further amended by adding at the end the following: 

23 ‘‘SEC. 7124. TRIBAL EDUCATIONAL AGENCIES PILOT 

24 PROJECT. 

25 ‘‘(a) AUTHORIZATION.— 

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1 ‘‘(1) IN GENERAL.—There is established a pilot 

2 project to be known as the ‘Tribal Educational Agen3 cy Pilot Project’ that authorizes not more than 5 

4 qualifying Indian tribes per year to be eligible to op5 erate programs authorized under a title under this 

6 Act (referred to in this section as ‘title programs’) for 

7 schools that meet the eligibility criteria described in 

8 subsection (d). 

9 ‘‘(2) TITLE PROGRAMS.—Title programs may in10 clude all grants, including grants allocated through 

11 formulas and discretionary grants allocated on a 

12 competitive basis, that are awarded under this Act. 

13 ‘‘(3) REPORTING REQUIREMENTS.— 

14 ‘‘(A) INDIAN TRIBES.—Each Indian tribe 

15 receiving a grant under this section is required 

16 to comply with the reporting requirements of 

17 each title the Indian tribe administers pursuant 

18 to the pilot project grant under this section. 

19 ‘‘(B) STATE EDUCATIONAL AGENCIES.— 

20 State educational agencies are not required to re21 port on title programs operated by Indian Tribes 

22 pursuant to the pilot project grant under this 

23 section. 

24 ‘‘(b) PLANNING PHASE.— 

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1 ‘‘(1) IN GENERAL.—Each Indian tribe seeking to 

2 participate in the Tribal Educational Agencies Pilot 

3 Project shall complete a planning phase. The plan4 ning phase shall include— 

5 ‘‘(A) the development of an education plan 

6 for the schools that meet the eligibility criteria 

7 described in subsection (d) and that will be 

8 served under the pilot project; and 

9 ‘‘(B) demonstrated coordination and col10 laboration partnerships, including cooperative 

11 agreements with each local educational agency 

12 that serves a school meeting the criteria described 

13 in subsection (d). 

14 ‘‘(2) EXEMPTION.—The Secretary may waive the 

15 planning phase, upon the application of an Indian 

16 tribe, if the Indian tribe has— 

17 ‘‘(A) been operating a tribal educational 

18 agency successfully for 2 or more years; and 

19 ‘‘(B) demonstrated compliance with the fis20 cal accountability provision of 5(f)(1) of the In21 dian Self-Determination and Education Assist22 ance Act (25 U.S.C. 450c(f)(1)), relating to the 

23 submission of a single-agency audit report re24 quired by chapter 75 of title 31, United States 

25 Code. 

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1 ‘‘(c) FUNDING AGREEMENT.—After an Indian tribe 

2 has successfully completed the planning phase, the Secretary 

3 shall award a grant to, and enter into a funding agreement 

4 with, the Indian tribe to enable the tribal educational agen5 cy of the tribe to administer all title programs described 

6 in subsection (a) for the schools that meet the eligibility cri7 teria described in subsection (d). All funding in the agree8 ment will be distributed to the Indian tribe’s tribal edu9 cational agency. Each funding agreement shall— 

10 ‘‘(1) identify schools to be served by the Indian 

11 tribe; 

12 ‘‘(2) identify the title programs, services, func13 tions, and activities that the tribal educational agen14 cy will be administering for such schools; 

15 ‘‘(3) determine the amount of funds to be pro16 vided to the Indian tribe by the allocations or grant 

17 amounts that would otherwise be provided to the 

18 State educational agency, as appropriate; 

19 ‘‘(4) provide assurances that the Indian tribe 

20 will comply with the reporting requirements of each 

21 title for which it receives funding; and 

22 ‘‘(5) ensure that the Secretary provides such 

23 funds directly to the tribe to administer such pro24 grams. 

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1 ‘‘(d) ELIGIBILITY.—In order to serve a school through 

2 a funding agreement under this section, the Indian tribe 

3 shall demonstrate— 

4 ‘‘(1) that the school meets 1 or more of the fol5 lowing criteria— 

6 ‘‘(A) the school is funded by the Bureau of 

7 Indian Affairs, whether directly or through a 

8 contract or compact with an Indian tribe or a 

9 tribal consortium; 

10 ‘‘(B) the school receives payments under this 

11 title because of students living on Indian land; 

12 ‘‘(C) the school is located on Indian land; 

13 and 

14 ‘‘(D) a majority of the students in the school 

15 are American Indian or Alaska Native; and 

16 ‘‘(2) that the Indian tribe— 

17 ‘‘(A) has the capacity to administer the 

18 functions for which the Indian tribe applies for 

19 such funds, including compliance with the fiscal 

20 accountability provision of 5(f)(1) of the Indian 

21 Self-Determination and Education Assistance 

22 Act (25 U.S.C. 450c(f)(1)), relating to the sub23 mission of a single-agency audit report required 

24 by chapter 75 of title 31, United States Code; 

25 and 

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1 ‘‘(B) satisfies such other factors that the 

2 Secretary determines appropriate. 

3 ‘‘(e) GEOGRAPHICAL DIVERSITY.—In awarding grants 

4 under this section, the Secretary shall ensure that grants 

5 are provided and grant amounts are used in a manner that 

6 results in national geographic diversity among Indian 

7 tribes applying for grants under this section. 

8 ‘‘(f) CONSORTIUM OF TRIBES.—Nothing in this section 

9 shall preclude the development and submission of a single 

10 tribal educational agencies pilot project by the partici11 pating Indian tribes of an intertribal consortium. 

12 ‘‘(g) REPORTING REQUIREMENTS.—The Secretary 

13 shall submit to Congress a written report 3 years after the 

14 date of enactment of this Act that— 

15 ‘‘(1) identifies the relative costs and benefits of 

16 tribal educational agencies, as demonstrated by the 

17 grants; 

18 ‘‘(2) identifies the funds transferred to each trib19 al educational agency and the corresponding reduc20 tion in the Federal bureaucracy; and 

21 ‘‘(3) includes the separate views of each Indian 

22 tribe participating in the pilot project. 

23 ‘‘(h) DEFINITIONS.—In this section: 

24 ‘‘(1) FUNDING AGREEMENT.—The term funding 

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1 retary awards grants authorized in this Act to an In2 dian tribe to administer in schools meeting the cri3 teria in subsection (d). 

4 ‘‘(2) INDIAN LAND.—The term ‘Indian land’ has 

5 the meaning given the term ‘Indian lands’ in section 

6 8013. 

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

8 means any Indian tribe, band, nation, other orga9 nized group or community, including any Native vil10 lage or Regional Corporation or Village Corporation 

11 as defined in or established pursuant to the Alaska 

12 Native Claims Settlement Act, that is recognized as 

13 eligible for the special programs and services provided 

14 by the United States to Indians because of their sta15 tus as Indians. 

16 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated to carry out this section 

18 $25,000,000 for fiscal year 2012 and each of the 5 suc19 ceeding fiscal years..’’. 

20 SEC. 172. IMPROVING SUPPORT FOR TEACHERS AND AD21 MINISTRATORS OF NATIVE AMERICAN STU22 DENTS. 

23 Subpart 2 of part A of title VII of the Elementary 

24 and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

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

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1 ‘‘SEC. 7125. TEACHER AND ADMINISTRATOR PIPELINE FOR 

2 TEACHERS AND ADMINISTRATORS OF NATIVE 

3 AMERICAN STUDENTS. 

4 ‘‘(a) GRANTS AUTHORIZED.—The Secretary shall 

5 award grants to eligible entities to enable such entities to 

6 create or expand a pipeline for teachers and administrators 

7 of Native American students. 

8 ‘‘(b) ELIGIBLE ENTITY.—In this section, the term ‘eli9 gible entity’ means— 

10 ‘‘(1) a local educational agency; 

11 ‘‘(2) an institution of higher education; or 

12 ‘‘(3) a nonprofit organization. 

13 ‘‘(c) PRIORITY.—In awarding grants under this sec14 tion, the Secretary shall give priority to Tribal Colleges and 

15 Universities (as defined in section 316(b) of the Higher 

16 Education Act of 1965). 

17 ‘‘(d) ACTIVITIES.—An eligible entity that receives a 

18 grant under this section shall create a program that shall 

19 prepare, recruit, and provide continuing education for 

20 teachers and administrators of Native American or Native 

21 Hawaiian educational organization students, in particular 

22 for teachers of— 

23 ‘‘(1) science, technology, engineering, and mathe24 matics; 

25 ‘‘(2) subjects that lead to health professions; and 

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1 ‘‘(3) green skills and ‘middle skills’, including 

2 electrical, welding, technology, plumbing, and green 

3 jobs. 

4 ‘‘(e) INCENTIVES FOR TEACHERS AND ADMINISTRA5 TORS.—An eligible entity that receives a grant under this 

6 section may provide incentives to teachers and principals 

7 who make a commitment to serve high-need, high-poverty, 

8 tribal schools or Native Hawaiian schools, including in the 

9 form of scholarships, loan forgiveness, incentive pay, or 

10 housing allowances. 

11 ‘‘(f) SCHOOL AND COMMUNITY ORIENTATION.—An eli12 gible entity that receives a grant under this section shall 

13 develop an evidence-based, culturally based school and com14 munity orientation for new teachers and administrators of 

15 Native American or Native Hawaiian students.’’. 

16 SEC. 173. NATIONAL BOARD CERTIFICATION INCENTIVE 

17 DEMONSTRATION PROGRAM. 

18 Subpart 2 of part A of title VII of the Elementary 

19 and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

20 seq.) is further amended by adding at the end the following: 

21 ‘‘SEC. 7126. NATIONAL BOARD CERTIFICATION INCENTIVE 

22 DEMONSTRATION PROGRAM. 

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

24 ‘‘(1) to improve the skills of qualified individuals 

25 that teach Indian or Native Hawaiian people; and 

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1 ‘‘(2) to provide an incentive for qualified teach2 ers to continue to utilize their enhanced skills in 

3 schools serving Indian or Native Hawaiian commu4 nities. 

5 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec6 tion, the term ‘eligible entity’ means— 

7 ‘‘(1) a State educational agency or local edu8 cational agency, in consortium with an institution of 

9 higher education; 

10 ‘‘(2) an Indian tribe or organization or Native 

11 Hawaiian educational organization, in consortium 

12 with a local educational agency; or 

13 ‘‘(3) a Bureau-funded school (as defined in sec14 tion 1146 of the Education Amendments of 1978). 

15 ‘‘(c) PROGRAM AUTHORIZED.—For fiscal years 2012 

16 through 2018, the Secretary is authorized to award grants 

17 to eligible entities having applications approved under this 

18 section to enable those entities— 

19 ‘‘(1) to reimburse individuals who teach Indian 

20 people with out-of-pocket costs associated with obtain21 ing National Board Certification; and 

22 ‘‘(2) to provide a minimum of $5,000, but not 

23 more than $10,000, increase in annual compensation 

24 for National Board Certified individuals for the dura25 tion of the Demonstration Project. 

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1 ‘‘(d) APPLICATION.—Each eligible entity desiring a 

2 grant under this section shall submit an application to the 

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

4 by such information, as the Secretary may require. In re5 viewing applications under this section, the Secretary shall 

6 ensure that the eligible entities— 

7 ‘‘(1) are located within the boundaries of a res8 ervation or on land of the Department of Hawaiian 

9 Home Lands; and 

10 ‘‘(2) maintain an average enrollment of at least 

11 30 percent of students that reside within the bound12 aries of a reservation. 

13 ‘‘(e) RESTRICTIONS ON COMPENSATION INCREASES.— 

14 The Secretary shall require and ensure that National Board 

15 Certified individuals continue to teach at the eligible entity 

16 as a condition of receiving annual compensation increases 

17 provided for in this section. 

18 ‘‘(f) PROGRESS REPORTS.—In fiscal years 2015 and 

19 2018, the Comptroller General of the United States shall 

20 provide a report on the progress of the entities receiving 

21 awards in meeting applicable progress standards.’’. 

22 SEC. 174. TRIBAL LANGUAGE IMMERSION SCHOOLS. 

23 Subpart 2 of part A of title VII of the Elementary 

24 and Secondary Education Act of 1965 (20 U.S.C. 7441 et 

25 seq.) is further amended by adding at the end the following: 

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1 ‘‘SEC. 7127. TRIBAL LANGUAGE IMMERSION SCHOOLS. 

2 ‘‘(a) PURPOSE.—It is the purpose of this section to es3 tablish a grant program to permit eligible schools to use 

4 American Indian, Alaska Native, and Native Hawaiian 

5 languages as the primary language of instruction of all cur6 riculum taught at the schools (referred to in this section 

7 as ‘immersion schools’) in order to increase the number of 

8 American Indian, Alaska Native, and Native Hawaiian 

9 graduates at all levels of education, and to increase the pro10 ficiencies of these students in the curriculum being taught. 

11 ‘‘(b) PROGRAM AUTHORIZED.—From the amounts 

12 made available to carry out this section, the Secretary may 

13 award grants to eligible schools to develop and maintain, 

14 or to improve and expand, programs that support articu15 lated Native language learning in kindergarten through 

16 postsecondary education programs. 

17 ‘‘(c) ELIGIBLE SCHOOL; DEFINITION.—In this sec18 tion— 

19 ‘‘(1) the term ‘eligible school’ means a school that 

20 provides elementary or secondary education or a 

21 Tribal College or University, including an elementary 

22 or secondary school operated by a Tribal College or 

23 University, that has, or can present a plan for devel24 opment of, an immersion school or courses in which 

25 instruction is provided for a minimum 900 hours per 

26 academic year; and 

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1 ‘‘(2) the term ‘Tribal College or University’ has 

2 the meaning given that term in section 316(b) of the 

3 Higher Education Act of 1965. 

4 ‘‘(d) APPLICATION.—An eligible school seeking a grant 

5 under this section shall submit an application to the Sec6 retary at such time and in such manner as the Secretary 

7 may require, that includes the following information: 

8 ‘‘(1) The number of students attending the school. 

9 ‘‘(2) The current number of hours of Native 

10 American language instruction being provided to stu11 dents at the school, if any. 

12 ‘‘(3) The status of the school with regard to any 

13 applicable Tribal Education Department or agency, 

14 public education system, or accrediting body. 

15 ‘‘(4) A statement that the school is engaged in 

16 meeting targeted proficiency levels for students as 

17 may be required by applicable Federal, State, or trib18 al law. 

19 ‘‘(5) A statement identifying how the proficiency 

20 levels for students being educated, or to be educated, 

21 at the tribal language immersion school are, or will 

22 be, assessed. 

23 ‘‘(6) A list of the instructors at the tribal lan24 guage immersion school and their qualifications. 

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1 ‘‘(7) A list of any partners or subcontractors 

2 with the tribal language immersion school who may 

3 assist in the provision of instruction in the immer4 sion setting, and the role of such partner or subcon5 tractor. 

6 ‘‘(8) Any other information that the Secretary 

7 may require. 

8 ‘‘(e) ADDITIONAL ELIGIBILITY REQUIREMENTS.— 

9 When submitting an application for a grant under this sec10 tion, each eligible school shall submit: 

11 ‘‘(1) A certificate from a federally recognized In12 dian tribe, or a letter from any organized American 

13 Indian, Alaska Native, or Native Hawaiian commu14 nity, on whose lands the school is located, or which 

15 is served by the school, or from a Tribal College or 

16 University (as defined in section 316 of the Higher 

17 Education Act of 1965 (20 U.S.C. 1059c)) that is op18 erating the school, indicating that the school has the 

19 capacity to provide language immersion education 

20 and that there are sufficient native speakers at the 

21 school or available to be hired by the school who are 

22 trained as educators who can provide the education 

23 services required by the school in the native language 

24 used at the immersion school and who will satisfy 

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1 any requirements of any applicable law for educators 

2 generally. 

3 ‘‘(2) An assurance that the school will partici4 pate in data collection conducted by the Secretary 

5 that will determine best practices and further aca6 demic evaluation of the immersion school. 

7 ‘‘(3) A demonstration of the capacity to have na8 tive language speakers provide the basic education of9 fered by the school for the minimum 900 hours per 

10 academic year as required under the grant. 

11 ‘‘(f) ACTIVITIES AUTHORIZED.—The following activi12 ties are the activities that may be carried out by the eligible 

13 schools that receive a grant under this section: 

14 ‘‘(1) Development of an articulated instructional 

15 curriculum for the language of the Indian tribe or 

16 American Indian, Alaska Native, or Hawaiian com17 munity served by the school applying for the grant. 

18 ‘‘(2) In-service and preservice development of 

19 teachers and paraprofessionals who will be providing 

20 the instruction in the native language involved. 

21 ‘‘(3) Development of contextual, experiential pro22 grams, and curriculum materials related to the indig23 enous language of the community which the immer24 sion school serves. 

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1 ‘‘(g) NUMBER, AMOUNT, AND DIVERSITY OF LAN2 GUAGES IN GRANTS.—Based on the amount appropriated 

3 by Congress as authorized by this section, and the number 

4 of eligible schools applying for a grant under this section, 

5 the Secretary may determine the amounts and length of 

6 each grant made under this section and shall ensure, to the 

7 maximum extent practicable, that diversity in languages is 

8 represented in such grants. 

9 ‘‘(h) REPORT TO SECRETARY.—Each eligible school re10 ceiving a grant under this section shall provide an annual 

11 report to the Secretary at such time, in such manner, and 

12 containing such information as the Secretary may require. 

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—Notwith14 standing any other section authorizing funds to be appro15 priated for carrying out the purposes of this title, there is 

16 authorized to be appropriated to carry out this section 

17 $5,000,000 for the first full fiscal year following the date 

18 of enactment of this section, and such sums as are necessary 

19 in the 4 following fiscal years.’’. 

20 SEC. 175. COORDINATION OF INDIAN STUDENT INFORMA21 TION. 

22 Subpart 3 of part A of title VII of the Elementary 

23 and Secondary Education Act of 1965 (20 U.S.C. 7451 et 

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

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1 ‘‘SEC. 7137. COORDINATION OF INDIAN STUDENT INFORMA2 TION. 

3 ‘‘(a) PURPOSE.—Consonant with the unique and con4 tinuing trust responsibility of the United States to Indian 

5 people for the education of Indian children as described in 

6 section 7101, it is the purpose of this section to enable the 

7 Secretary to establish or improve the effectiveness and effi8 ciency of programs for coordination among educational 

9 agencies and schools for the linkage and exchange of student 

10 records of Indian children. 

11 ‘‘(b) GRANTS AUTHORIZED.— 

12 ‘‘(1) IN GENERAL.—The Secretary, in consulta13 tion with the Secretary of the Interior, the States, and 

14 Indian tribes, is authorized to make grants to, or 

15 enter into contracts with, State educational agencies, 

16 local educational agencies, Indian tribes, Indian or17 ganizations, tribal educational agencies, institutions 

18 of higher education, other public and private non19 profit organizations, and consortia of all such enti20 ties, to improve the collection, coordination, and elec21 tronic exchange of Indian student records between 

22 State educational agencies, local educational agencies, 

23 and elementary schools and secondary schools funded 

24 by the Bureau of Indian Education. 

25 ‘‘(2) PREFERENCE.—In awarding grants under 

26 this section, the Secretary shall give preference to— 

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1 ‘‘(A) entities that are Indian tribes, Indian 

2 organizations, tribal educational agencies; or 

3 ‘‘(B) consortia that include 1 or more such 

4 entities. 

5 ‘‘(3) GRANT DURATION.—Each grant awarded 

6 under this section shall be for a duration of not more 

7 than 5 years. 

8 ‘‘(c) ASSISTANCE.— 

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

10 the Secretary of the Interior, the States, and elemen11 tary schools and secondary schools funded by the Bu12 reau of Indian Education in developing effective 

13 methods for— 

14 ‘‘(A) the electronic transfer of student 

15 records of Indian children; 

16 ‘‘(B) the determination of the number of In17 dian children in each State, disaggregated by the 

18 local educational agency in which such children 

19 reside; and 

20 ‘‘(C) the determination of the extent to 

21 which Indian children under the age of 18 who 

22 have not achieved a secondary school diploma 

23 are not enrolled in any school. 

24 ‘‘(2) INFORMATION SYSTEMS.— 

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1 ‘‘(A) IN GENERAL.—Using amounts made 

2 available under subsection (e), the Secretary, in 

3 consultation with the Secretary of the Interior, 

4 the States, and elementary schools and secondary 

5 schools funded by the Bureau of Indian Edu6 cation, shall award grants or contracts to, or 

7 enter agreements with, State educational agen8 cies and local educational agencies, and provide 

9 funds to the Secretary of the Interior in accord10 ance with subsection (e)(2) in order to ensure the 

11 linkage of Indian student records systems for the 

12 purpose of electronically exchanging, among and 

13 between State educational agencies, local edu14 cational agencies, and schools, health and edu15 cational information regarding all Indian stu16 dents. The Secretary of Education shall ensure 

17 such linkage occurs in a cost-effective manner, 

18 and to the extent practicable, utilizes systems, if 

19 any, used prior to the date of enactment of this 

20 section. 

21 ‘‘(B) DATA ELEMENTS.—The Secretary 

22 shall identify the data elements that each State 

23 receiving assistance under this subsection and 

24 the Secretary of the Interior shall collect and 

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1 maintain for each Indian student enrolled in a 

2 school, which, at a minimum, shall include— 

3 ‘‘(i) the student’s enrollment and 

4 disenrollment in any elementary and sec5 ondary school, and the grade levels success6 fully completed at such school; 

7 ‘‘(ii) the student’s immunization 

8 records and other health information; 

9 ‘‘(iii) the student’s elementary and sec10 ondary academic history (including partial 

11 credit), credit accrual, and results from any 

12 assessments required by Federal law; 

13 ‘‘(iv) other academic information es14 sential to ensuring that Indian children 

15 achieve high standards; and 

16 ‘‘(v) the student’s eligibility for services 

17 under the Individuals with Disabilities 

18 Education Act. 

19 ‘‘(C) NOTICE AND COMMENT.—After ful20 filling the consultation required under subpara21 graph (A), the Secretary shall publish a notice 

22 in the Federal Register seeking public comment 

23 on the proposed data elements that the Secretary 

24 of the Interior and each State shall be required 

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1 dian student information with respect to schools 

2 assisted under this Act and the requirements the 

3 Secretary of the Interior and the States shall 

4 meet for immediate electronic access to such in5 formation. Such publication shall occur not later 

6 than 180 days after the date of enactment of this 

7 section. 

8 ‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 

9 State educational agency or local educational agency 

10 receiving assistance under this Act, or an elementary 

11 school or secondary school funded by the Bureau of 

12 Indian Education, shall make student records avail13 able at the request of any other educational agency or 

14 school at no cost to the requesting agency or school if 

15 the request is made in order to meet the needs of an 

16 Indian child who is enrolled, or was enrolled, in the 

17 school receiving assistance under this Act. 

18 ‘‘(d) REPORT TO CONGRESS.— 

19 ‘‘(1) IN GENERAL.—Not later than 2 years after 

20 the date of enactment of this section, the Secretary 

21 shall prepare and submit, to the Committee on 

22 Health, Education, Labor, and Pensions and the 

23 Committee on Indian Affairs of the Senate, and the 

24 Committee on Education and the Workforce of the 

25 House of Representatives a report— 

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1 ‘‘(A) describing the status of the implemen2 tation of this section; and 

3 ‘‘(B) including recommendations from the 

4 Secretary and the Secretary of the Interior re5 garding the collection, coordination and ex6 change of health and educational information on 

7 Indian children by the Secretary of the Interior, 

8 the States, and elementary schools and secondary 

9 schools funded by the Bureau of Indian Edu10 cation. 

11 ‘‘(2) REQUIRED CONTENTS.—The Secretary shall 

12 include in the report and recommendations described 

13 in paragraph (1)— 

14 ‘‘(A) a report on the progress made by the 

15 Secretary of the Interior, the States, and elemen16 tary schools and secondary schools funded by the 

17 Bureau of Indian Education in developing and 

18 linking electronic records transfer systems; 

19 ‘‘(B) recommendations for the development, 

20 linkage, and maintenance of such systems; 

21 ‘‘(C) recommendations for measures that 

22 may be taken to ensure the continuity and en23 hancement of services to Indian students; 

24 ‘‘(D) a report from the Secretary of the In25 terior describing the extent to which funding 

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1 supplied to elementary schools and secondary 

2 schools funded by the Bureau of Indian Edu3 cation pursuant to subsection (e)(2)(B) is suffi4 cient to enable those schools to develop and oper5 ate electronic records transfer systems; and 

6 ‘‘(E) a report on recommendations made by 

7 Indian tribes, Indian organizations, tribal de8 partments of education, and elementary schools 

9 and secondary schools funded by the Bureau of 

10 Indian Education, and consortia of such entities, 

11 regarding implementation of this section and the 

12 extent to which such recommendations were 

13 taken into account. 

14 ‘‘(3) PUBLICATION IN FEDERAL REGISTER.—Not 

15 later than 14 days after the report described in para16 graph (1) is submitted to Congress, the Secretary 

17 shall publish such report in the Federal Register. 

18 ‘‘(e) AVAILABILITY OF FUNDS.— 

19 ‘‘(1) RESERVATION.—For the purpose of car20 rying out this section in any fiscal year, the Sec21 retary shall reserve $20,000,000 of the amount appro22 priated pursuant to section 7152(c). 

23 ‘‘(2) ALLOTMENT FOR THE SECRETARY OF THE

24 INTERIOR.— 

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1 ‘‘(A) IN GENERAL.—From the amounts re2 served pursuant to paragraph (1), the Secretary 

3 shall transfer to the Secretary of the Interior 

4 $8,000,000 for each fiscal year to be used as de5 scribed in subparagraph (B). 

6 ‘‘(B) DISTRIBUTION AND USE OF FUNDS.— 

7 The Secretary of the Interior shall distribute all 

8 funds transferred pursuant to subparagraph (A) 

9 to elementary schools and secondary schools 

10 funded by the Bureau of Indian Education for 

11 use by such schools to pay the costs of estab12 lishing and participating in systems for the or13 derly linkage and exchange of student records of 

14 Indian children. To facilitate such establishment 

15 and participation by such schools, the Secretary 

16 of the Interior shall, at the request of any such 

17 school, supply technical assistance. Amounts re18 quired to be supplied to elementary and sec19 ondary schools operated by Indian tribes or trib20 al organizations pursuant to contracts issued 

21 under authority of the Indian Self-Determina22 tion and Education Assistance Act (25 U.S.C. 

23 450 et seq.) or pursuant to grants issued under 

24 authority of the Tribally Controlled Schools Act 

25 (25 U.S.C. 2501 et seq.) shall be added to the remstockstill on DSK4VPTVN1PROD with 

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1 spective contracts or grants of such tribes or trib2 al organizations. 

3 ‘‘(f) DATA COLLECTION.—The Secretary shall direct 

4 the National Center for Education Statistics to collect data 

5 on Indian children. 

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $20,000,000 for each of fiscal years 2012 through 2017.’’. 

9 SEC. 176. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 7152 (20 U.S.C. 7492) is amended to read as 

11 follows: 

12 ‘‘SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS. 

13 ‘‘(a) SUBPART 1.—For the purpose of carrying out 

14 subpart 1, there are authorized to be appropriated— 

15 ‘‘(1) $130,000,000 for fiscal year 2012; and 

16 ‘‘(2) such sums as may be necessary for each of 

17 fiscal years 2013 through 2017. 

18 ‘‘(b) SUBPART 2.—For the purpose of carrying out 

19 subpart 2, there are authorized to be appropriated— 

20 ‘‘(1) $50,000,000 for fiscal year 2012; and 

21 ‘‘(2) such sums as may be necessary for each of 

22 fiscal years 2013 through 2017. 

23 ‘‘(c) SUBPART 3.—For the purpose of carrying out sub24 part 3, there are authorized to be appropriated— 

25 ‘‘(1) $25,000,000 for fiscal year 2012; and 

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1 ‘‘(2) such sums as may be necessary for each of 

2 fiscal years 2013 through 2017.’’. 

3 PART II—NATIVE HAWAIIAN EDUCATION 

4 SEC. 177. FINDINGS. 

5 Section 7202 (20 U.S.C. 7511 et seq.) is amended to 

6 read as follows: 

7 ‘‘SEC. 7202. FINDINGS. 

8 ‘‘Congress finds the following: 

9 ‘‘(1) Native Hawaiians are a distinct and 

10 unique indigenous people with a historical continuity 

11 to the original inhabitants of the Hawaiian archi12 pelago, whose society was organized as a nation and 

13 internationally recognized as a nation by the United 

14 States, the United Kingdom, France, and Japan, as 

15 evidenced by treaties governing friendship, commerce, 

16 and navigation. 

17 ‘‘(2) The United States has recognized and re18 affirmed that— 

19 ‘‘(A) Native Hawaiians have a cultural, 

20 historic, and land-based link to the indigenous 

21 people who exercised sovereignty over the Hawai22 ian Islands, and that group has never relin23 quished its claims to sovereignty or its sovereign 

24 lands; 

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1 ‘‘(B) The United States furnishes services to 

2 Native Hawaiians because of their unique status 

3 as the indigenous people of a once sovereign na4 tion with whom the United States has established 

5 a trust relationship; 

6 ‘‘(C) Congress has also delegated broad au7 thority to administer a portion of the Federal 

8 trust responsibility to the State of Hawaii; 

9 ‘‘(D) the political status of Native Hawai10 ians is comparable to that of American Indians 

11 and Alaska Natives; and 

12 ‘‘(E) the aboriginal, indigenous people of 

13 the United States have— 

14 ‘‘(i) a continuing right to autonomy in 

15 their internal affairs; and 

16 ‘‘(ii) an ongoing right of self-deter17 mination and self-governance that has never 

18 been extinguished. 

19 ‘‘(3) The political relationship between the 

20 United States and the Native Hawaiian people has 

21 been recognized and reaffirmed by the United States, 

22 as evidenced by the inclusion of Native Hawaiians 

23 in— 

24 ‘‘(A) the Native American Programs Act of 

25 1974 (42 U.S.C. 2991 et seq.); 

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1 ‘‘(B) Public Law 95-341 (commonly known 

2 as the ‘American Indian Religious Freedom Act’ 

3 (42 U.S.C. 1996); 

4 ‘‘(C) the National Museum of the American 

5 Indian Act (20 U.S.C. 80q et seq.); 

6 ‘‘(D) the Native American Graves Protec7 tion and Repatriation Act (25 U.S.C. 3001 et 

8 seq.); 

9 ‘‘(E) the National Historic Preservation Act 

10 (16 U.S.C. 470 et seq.); 

11 ‘‘(F) the Native American Languages Act 

12 (25 U.S.C. 2901 et seq.); 

13 ‘‘(G) the American Indian, Alaska Native, 

14 and Native Hawaiian Culture and Art Develop15 ment Act (20 U.S.C. 4401 et seq.); 

16 ‘‘(H) the Workforce Investment Act of 1998 

17 (29 U.S.C. 2801 et seq.); and 

18 ‘‘(I) the Older Americans Act of 1965 (42 

19 U.S.C. 3001 et seq.). 

20 ‘‘(4) In 1993, 2005, and 2009 the Kamehameha 

21 Schools Bishop Estate released the findings of the Na22 tive Hawaiian Educational Assessment Project, which 

23 found that despite the successes of the programs estab24 lished under title IV of the Augustus F. Hawkins-Rob25 ert T. Stafford Elementary and Secondary School Immstockstill on DSK4VPTVN1PROD with 

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1 provement Amendments of 1988 (20 U.S.C. 4901), 

2 many of the same educational needs still existed for 

3 Native Hawaiians. Subsequent reports by the Kame4 hameha Schools Bishop Estate and other organiza5 tions have generally confirmed those findings. For ex6 ample— 

7 ‘‘(A) Native Hawaiian students continue to 

8 begin their school experience lagging behind other 

9 students in terms of readiness factors such as vo10 cabulary test scores; 

11 ‘‘(B) Native Hawaiian students continue to 

12 score below national norms on standardized edu13 cation achievement tests at all grade levels; 

14 ‘‘(C) both public and private schools con15 tinue to show a pattern of lower percentages of 

16 Native Hawaiian students in the uppermost 

17 achievement levels and in gifted and talented 

18 programs; 

19 ‘‘(D) Native Hawaiian students continue to 

20 be overrepresented among students qualifying for 

21 special education programs provided to students 

22 with learning disabilities, mild mental retarda23 tion, emotional impairment, and other such dis24 abilities; 

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1 ‘‘(E) Native Hawaiians continue to be 

2 underrepresented in institutions of higher edu3 cation and among adults who have completed 4 

4 or more years of college; and 

5 ‘‘(F) Native Hawaiians continue to be dis6 proportionately represented in many negative so7 cial and physical statistics indicative of special 

8 educational needs. 

9 ‘‘(5) The number of Native Hawaiian students 

10 served by the State of Hawaii Department of Edu11 cation has risen from 20 percent in 1980 to 26 per12 cent in 2008, and there are, and will continue to be, 

13 geographically rural, isolated areas with a high Na14 tive Hawaiian population density. 

15 ‘‘(6) Despite the consequences of over 100 years 

16 of nonindigenous influence, the Native Hawaiian peo17 ple are determined to preserve, develop, and transmit 

18 to future generations their ancestral territory and 

19 their cultural identity, in accordance with their own 

20 spiritual and traditional beliefs, customs, practices, 

21 language, and social institutions. 

22 ‘‘(7) The State of Hawaii, in the constitution 

23 and statutes of the State of Hawaii— 

24 ‘‘(A) reaffirms and protects the unique right 

25 of the Native Hawaiian people to practice and 

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1 perpetuate their culture and religious customs, 

2 beliefs, practices, and language; 

3 ‘‘(B) recognizes the traditional language of 

4 the Native Hawaiian people as an official lan5 guage of the State of Hawaii, which may be used 

6 as the language of instruction for all subjects 

7 and grades in the public school system; and 

8 ‘‘(C) promotes the study of the Hawaiian 

9 culture, language, and history by providing a 

10 Hawaiian education program and using commu11 nity expertise as a suitable and essential means 

12 to further the program.’’. 

13 SEC. 178. PURPOSES. 

14 Section 7203 (20 U.S.C. 7513) is amended to read as 

15 follows: 

16 ‘‘SEC. 7203. PURPOSES. 

17 ‘‘The purposes of this part are— 

18 ‘‘(1) to authorize, develop, implement, assess, and 

19 evaluate innovative educational programs, Native 

20 Hawaiian language medium programs, Native Ha21 waiian culture-based education programs, and other 

22 education programs to improve the academic achieve23 ment of Native Hawaiian students by meeting their 

24 unique cultural and language needs in order to help 

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1 tent standards and challenging State student aca2 demic achievement standards; 

3 ‘‘(2) to provide guidance to appropriate Federal, 

4 State, and local agencies to more effectively and effi5 ciently focus resources, including resources made 

6 available under this part, on the development and im7 plementation of— 

8 ‘‘(A) innovative educational programs for 

9 Native Hawaiians; 

10 ‘‘(B) rigorous and substantive Native Ha11 waiian language programs; and 

12 ‘‘(C) Native Hawaiian culture-based edu13 cational programs; and 

14 ‘‘(3) to create a system by which information 

15 from programs funded under this part will be col16 lected, analyzed, evaluated, reported, and used in de17 cisionmaking activities regarding the types of grants 

18 awarded under this part.’’. 

19 SEC. 179. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT. 

20 Section 7204 (20 U.S.C. 7514) is amended to read as 

21 follows: 

22 ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL 

23 GRANT. 

24 ‘‘(a) GRANT AUTHORIZED.—In order to better effec25 tuate the purposes of this part through the coordination of 

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1 educational and related services and programs available to 

2 Native Hawaiians, including those programs that receive 

3 funding under this part, the Secretary shall award a grant 

4 to an education council, as described under subsection (b). 

5 ‘‘(b) EDUCATION COUNCIL.— 

6 ‘‘(1) ELIGIBILITY.—To be eligible to receive the 

7 grant under subsection (a), the council shall be an 

8 education council (referred to in this section as the 

9 ‘Education Council’) that meets the requirements of 

10 this subsection. 

11 ‘‘(2) COMPOSITION.—The education council shall 

12 consist of 15 members of whom— 

13 ‘‘(A) 1 shall be the President of the Univer14 sity of Hawaii (or a designee); 

15 ‘‘(B) 1 shall be the Governor of the State of 

16 Hawaii (or a designee); 

17 ‘‘(C) 1 shall be the Superintendent of the 

18 State of Hawaii Department of Education (or a 

19 designee); 

20 ‘‘(D) 1 shall be the chairperson of the Office 

21 of Hawaiian Affairs (or a designee); 

22 ‘‘(E) 1 shall be the executive director of Ha23 waii’s Charter School Network (or a designee); 

24 ‘‘(F) 1 shall be the chief executive officer of 

25 the Kamehameha Schools (or a designee); 

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1 ‘‘(G) 1 shall be the chairperson of the Queen 

2 Liliuokalani Trust (or a designee); 

3 ‘‘(H) 1 shall be a member, selected by the 

4 other members of the Education Council, who 

5 represents a private grant-making entity; 

6 ‘‘(I) 1 shall be the Mayor of the County of 

7 Hawaii (or a designee); 

8 ‘‘(J) 1 shall be the Mayor of Maui County 

9 (or a designee from the Island of Maui); 

10 ‘‘(K) 1 shall be the Mayor of the County of 

11 Kauai (or a designee); 

12 ‘‘(L) 1 shall be appointed by the Mayor of 

13 Maui County from the Island of either Molokai 

14 or Lanai; 

15 ‘‘(M) 1 shall be the Mayor of the City and 

16 County of Honolulu (or a designee); 

17 ‘‘(N) 1 shall be the chairperson of the Ha18 waiian Homes Commission (or a designee); and 

19 ‘‘(O) 1 shall be the chairperson of the Ha20 waii Workforce Development Council (or a des21 ignee representing the private sector). 

22 ‘‘(3) LIMITATION.—A member (including a des23 ignee), while serving on the Education Council, shall 

24 not be a recipient of grant funds that are awarded 

25 under this part. 

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1 ‘‘(4) TERM OF MEMBERS.—A member who is a 

2 designee shall serve for a term of not more than 4 

3 years. 

4 ‘‘(5) CHAIR, VICE CHAIR.— 

5 ‘‘(A) SELECTION.—The Education Council 

6 shall select a Chair and a Vice Chair from 

7 among the members of the Education Council. 

8 ‘‘(B) TERM LIMITS.—The Chair and Vice 

9 Chair shall each serve for a 2-year term. 

10 ‘‘(6) ADMINISTRATIVE PROVISIONS RELATING TO

11 EDUCATION COUNCIL.—The Education Council shall 

12 meet at the call of the Chair of the Council, or upon 

13 request by a majority of the members of the Edu14 cation Council, but in any event not less often than 

15 every 120 days. 

16 ‘‘(7) NO COMPENSATION.—None of the funds 

17 made available through the grant may be used to pro18 vide compensation to any member of the Education 

19 Council or member of a working group established by 

20 the Education Council, for functions described in this 

21 section. 

22 ‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI23 TIES.—The Education Council shall use funds made avail24 able through the grant to carry out each of the following 

25 activities: 

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1 ‘‘(1) Providing advice about the coordination, 

2 and serving as a clearinghouse for, the educational 

3 and related services and programs available to Native 

4 Hawaiians, including the programs assisted under 

5 this part. 

6 ‘‘(2) Assessing the extent to which such services 

7 and programs meet the needs of Native Hawaiians, 

8 and collecting data on the status of Native Hawaiian 

9 education. 

10 ‘‘(3) Providing direction and guidance, through 

11 the issuance of reports and recommendations, to ap12 propriate Federal, State, and local agencies in order 

13 to focus and improve the use of resources, including 

14 resources made available under this part, relating to 

15 Native Hawaiian education, and serving, where ap16 propriate, in an advisory capacity. 

17 ‘‘(4) Awarding grants, if such grants enable the 

18 education council to carry out the activities described 

19 in paragraphs (1) through (3). 

20 ‘‘(5) Hiring an Executive Director who shall as21 sist in executing the duties and powers of the edu22 cation council, as described in subsection (d). 

23 ‘‘(d) USE OF FUNDS FOR TECHNICAL ASSISTANCE.— 

24 The education council shall use funds made available 

25 through the grant to— 

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1 ‘‘(1) provide technical assistance to Native Ha2 waiian organizations that are grantees or potential 

3 grantees under this part; 

4 ‘‘(2) obtain from such grantees information re5 garding grants awarded under this part, including 

6 information about— 

7 ‘‘(A) the effectiveness of such grantees in 

8 meeting the educational priorities established by 

9 the education council, as described in paragraph 

10 (6)(E); and 

11 ‘‘(B) the effectiveness of such grantees in 

12 carrying out any of the activities described in 

13 section 7205(c) that are related to the specific 

14 goals and purposes of each grantee’s grant 

15 project; 

16 ‘‘(3) assess and define the educational needs of 

17 Native Hawaiians; 

18 ‘‘(4) assess the programs and services available 

19 to address the educational needs of Native Hawaiians; 

20 ‘‘(5) assess and evaluate the individual and ag21 gregate impact achieved by grantees in improving 

22 Native Hawaiian educational performance and meet23 ing the goals of this part; 

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1 ‘‘(6) prepare and submit to the Secretary, at the 

2 end of each calendar year, an annual report that con3 tains— 

4 ‘‘(A) a description of the activities of the 

5 education council during the calendar year; 

6 ‘‘(B) recommendations of the education 

7 council, if any, regarding priorities established 

8 under section 7205(b); 

9 ‘‘(C) a description of significant barriers to 

10 achieving the goals of this part; 

11 ‘‘(D) a summary of each community con12 sultation session described in subsection (e); 

13 ‘‘(E) recommendations to establish prior14 ities for funding under this part, based on an as15 sessment of— 

16 ‘‘(i) the educational needs of Native 

17 Hawaiians; 

18 ‘‘(ii) programs and services available 

19 to address such needs; 

20 ‘‘(iii) the effectiveness of programs in 

21 improving the educational performance of 

22 Native Hawaiian students to help such stu23 dents meet challenging State student aca24 demic achievement standards; and 

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1 ‘‘(iv) priorities for funding in specific 

2 geographic communities. 

3 ‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA4 TIONS.—The Education Council shall use funds made avail5 able though the grant to hold not less than one community 

6 consultation each year on each of the islands of Hawaii, 

7 Maui, Molokai, Lanai, Oahu, and Kauai, at which— 

8 ‘‘(1) not less than 3 members of the Education 

9 Council shall be in attendance; 

10 ‘‘(2) the Education Council shall gather commu11 nity input regarding— 

12 ‘‘(A) current grantees, as of the date of the 

13 consultation; 

14 ‘‘(B) priorities and needs of Native Hawai15 ians; and 

16 ‘‘(C) other Native Hawaiian education 

17 issues; and 

18 ‘‘(3) the Education Council shall report to the 

19 community on the outcomes of the activities supported 

20 by grants awarded under this part. 

21 ‘‘(f) FUNDING.—For each fiscal year, the Secretary 

22 shall use the amount described in section 7206(d), to make 

23 a payment under the grant. Funds made available through 

24 the grant shall remain available until expended. 

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1 ‘‘(g) REPORT.—Not later than 2 years after the date 

2 of enactment of the Native Culture, Language, and Access 

3 for Success in Schools Act the Secretary shall prepare and 

4 submit to the Committee on Education and the Workforce 

5 of the House of Representatives, and the Committee on In6 dian Affairs and the Committee on Health, Education, 

7 Labor, and Pensions of the Senate a report that— 

8 ‘‘(1) summarizes the annual reports of the Edu9 cation Council; 

10 ‘‘(2) describes the allocation and use of funds 

11 under this part and the information gathered since 

12 the first annual report submitted by the Education 

13 Council to the Secretary under this section; and 

14 ‘‘(3) contains recommendations for changes in 

15 Federal, State, and local policy to advance the pur16 poses of this part.’’. 

17 SEC. 180. GRANT PROGRAM AUTHORIZED. 

18 Section 7205 (20 U.S.C. 7515 et seq.) is amended to 

19 read as follows: 

20 ‘‘SEC. 7205. GRANT PROGRAM AUTHORIZED. 

21 ‘‘(a) GRANTS AND CONTRACTS.—In order to carry out 

22 programs that meet the purposes of this part, the Secretary 

23 is authorized to award grants to, or enter into contracts 

24 with— 

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1 ‘‘(1) Native Hawaiian educational organiza2 tions; 

3 ‘‘(2) Native Hawaiian community-based organi4 zations; 

5 ‘‘(3) public and private nonprofit organizations, 

6 agencies, and institutions with experience in devel7 oping or operating Native Hawaiian programs or 

8 programs of instruction in the Native Hawaiian lan9 guage; 

10 ‘‘(4) charter schools; and 

11 ‘‘(5) consortia of the organizations, agencies, and 

12 institutions described in paragraphs (1) through (4). 

13 ‘‘(b) PRIORITY.—In awarding grants and entering 

14 into contracts under this part, the Secretary shall give pri15 ority to— 

16 ‘‘(1) programs that meet the educational prior17 ities established by the Education Council under sec18 tion 7204(c)(6)(E); and 

19 ‘‘(2) programs in which a State educational 

20 agency, local educational agency, institution of higher 

21 education, or a State educational agency or local edu22 cational agency in partnership with an institution of 

23 higher education apply for a grant or contract under 

24 this part as part of a partnership or consortium. 

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1 ‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 

2 through programs carried out under this part may in3 clude— 

4 ‘‘(1) the development and maintenance of a 

5 statewide Native Hawaiian early education and care 

6 system to provide a continuum of high-quality early 

7 learning services for Native Hawaiian children from 

8 the prenatal period through the age of kindergarten 

9 entry; 

10 ‘‘(2) the operation of family-based education cen11 ters that provide such services as— 

12 ‘‘(A) programs for Native Hawaiian par13 ents and their infants from the prenatal period 

14 through age 3; 

15 ‘‘(B) preschool programs for Native Hawai16 ians; and 

17 ‘‘(C) research on, and development and as18 sessment of, family-based, early childhood and 

19 preschool programs for Native Hawaiians; 

20 ‘‘(3) activities that enhance beginning reading 

21 and literacy in either the Hawaiian or the English 

22 language among Native Hawaiian students in kinder23 garten through grade 3 and assistance in addressing 

24 the distinct features of combined English and Hawaimstockstill on DSK4VPTVN1PROD with 

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1 ian literacy for Hawaiian speakers in grades 5 and 

2 6; 

3 ‘‘(4) activities to meet the special needs of Native 

4 Hawaiian students with disabilities, including— 

5 ‘‘(A) the identification of such students and 

6 their needs; 

7 ‘‘(B) the provision of support services to the 

8 families of such students; and 

9 ‘‘(C) other activities consistent with the re10 quirements of the Individuals with Disabilities 

11 Education Act; 

12 ‘‘(5) activities that address the special needs of 

13 Native Hawaiian students who are gifted and tal14 ented, including— 

15 ‘‘(A) educational, psychological, and devel16 opmental activities designed to assist in the edu17 cational progress of such students; and 

18 ‘‘(B) activities that involve the parents of 

19 such students in a manner designed to assist in 

20 the educational progress of such students; 

21 ‘‘(6) the development of academic and vocational 

22 curricula to address the needs of Native Hawaiian 

23 children and adults, including curricula materials in 

24 the Hawaiian language and mathematics and science 

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1 curricula that incorporate Native Hawaiian tradition 

2 and culture; 

3 ‘‘(7) professional development activities for edu4 cators, including— 

5 ‘‘(A) the development of programs to pre6 pare prospective teachers to address the unique 

7 needs of Native Hawaiian students within the 

8 context of Native Hawaiian culture, language, 

9 and traditions; 

10 ‘‘(B) in-service programs to improve the 

11 ability of teachers who teach in schools with high 

12 concentrations of Native Hawaiian students to 

13 meet the unique needs of such students; and 

14 ‘‘(C) the recruitment and preparation of 

15 Native Hawaiians, and other individuals who 

16 live in communities with a high concentration of 

17 Native Hawaiians, to become teachers; 

18 ‘‘(8) the operation of community-based learning 

19 centers that address the needs of Native Hawaiian 

20 families and communities through the coordination of 

21 public and private programs and services, includ22 ing— 

23 ‘‘(A) preschool programs; 

24 ‘‘(B) after-school programs; 

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1 ‘‘(C) career and technical and adult edu2 cation programs; and 

3 ‘‘(D) programs that recognize and support 

4 the unique cultural and educational needs of Na5 tive Hawaiian children, and incorporate appro6 priately qualified Native Hawaiian elders and 

7 seniors; 

8 ‘‘(9) activities, including program co-location, to 

9 enable Native Hawaiians to enter and complete pro10 grams of postsecondary education, including— 

11 ‘‘(A) provision of full or partial scholar12 ships for undergraduate or graduate study that 

13 are awarded to students based on their academic 

14 promise and financial need, with a priority, at 

15 the graduate level, given to students entering 

16 professions in which Native Hawaiians are 

17 underrepresented; 

18 ‘‘(B) family literacy services; 

19 ‘‘(C) counseling and support services for 

20 students receiving scholarship assistance; 

21 ‘‘(D) counseling and guidance for Native 

22 Hawaiian secondary school students who have 

23 the potential to receive scholarships; and 

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1 ‘‘(E) faculty development activities designed 

2 to promote the matriculation of Native Hawai3 ian students; 

4 ‘‘(10) research and data collection activities to 

5 determine the educational status and needs of Native 

6 Hawaiian children and adults; 

7 ‘‘(11) other research and evaluation activities re8 lated to programs carried out under this part; and 

9 ‘‘(12) other activities, consistent with the pur10 poses of this part, to meet the educational needs of 

11 Native Hawaiian children and adults. 

12 ‘‘(d) ADDITIONAL ACTIVITIES.—Notwithstanding any 

13 other provision of this part, funds made available to carry 

14 out this section as of the day before the date of enactment 

15 of the Native Culture, Language, and Access for Success in 

16 Schools Act shall remain available until expended. The Sec17 retary shall use such funds to support the following: 

18 ‘‘(1) The development of a body of Native Ha19 waiian law. 

20 ‘‘(2) The perpetuation of, and expansion of ac21 cess to, Hawaiian culture and history through digital 

22 archives. 

23 ‘‘(3) Informal education programs that connect 

24 traditional Hawaiian knowledge, science, astronomy, 

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1 and the environment through State museums or 

2 learning centers. 

3 ‘‘(4) Public charter schools serving high con4 centrations of Native Hawaiian students. 

5 ‘‘(e) ADMINISTRATIVE COSTS.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), not more than 5 percent of funds provided 

8 to a recipient of a grant or contract under this sec9 tion for any fiscal year may be used for administra10 tive purposes. 

11 ‘‘(2) EXCEPTION.—The Secretary may waive the 

12 requirement of paragraph (1) for a nonprofit entity 

13 that receives funding under this section. The Sec14 retary may allow not more than 10 percent of funds 

15 provided to such nonprofit entity under this section 

16 for any fiscal year to be used for administrative pur17 poses. 

18 ‘‘(f) SCHOLARSHIP RULE AND CONDITIONS.— 

19 ‘‘(1) INSTITUTIONS OUTSIDE HAWAII.—The Sec20 retary may not establish a policy under this section 

21 that prevents a Native Hawaiian student enrolled at 

22 a 2- or 4-year degree granting institution of higher 

23 education outside of the State of Hawaii from receiv24 ing a scholarship pursuant to subsection (d)(9)(A). 

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1 ‘‘(2) SCHOLARSHIP CONDITIONS.—The Secretary 

2 shall establish conditions for receipt of a scholarship 

3 awarded under subsection (d)(9)(A). The conditions 

4 shall require that an individual seeking such a schol5 arship enter into a contract to provide professional 

6 services to the Native Hawaiian community, either 

7 during the scholarship period or upon completion of 

8 a program of postsecondary education.’’. 

9 SEC. 181. ADMINISTRATIVE PROVISIONS; AUTHORIZATION 

10 OF APPROPRIATIONS. 

11 Section 7206 (20 U.S.C. 7516) is amended to read as 

12 follows: 

13 ‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS. 

14 ‘‘(a) APPLICATION REQUIRED.—No grant may be 

15 made under this part, and no contract may be entered into 

16 under this part, unless the entity seeking the grant or con17 tract submits an application to the Secretary at such time, 

18 in such manner, and containing such information as the 

19 Secretary may determine to be necessary to carry out the 

20 provisions of this part. 

21 ‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary 

22 shall provide a copy of all direct grant applications to the 

23 Education Council. 

24 ‘‘(c) SUPPLEMENT NOT SUPPLANT.— 

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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), funds made available under this part shall 

3 be used to supplement, and not supplant, any State 

4 or local funds used to achieve the purposes of this 

5 part. 

6 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

7 apply to any nonprofit entity or Native Hawaiian 

8 community-based organization that receives a grant 

9 or other funds under this part. 

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

11 ‘‘(1) IN GENERAL.—There are authorized to be 

12 appropriated to carry out this section 7204 and sec13 tion 7205 such sums as may be necessary for fiscal 

14 year 2011 and each of the 5 succeeding fiscal years. 

15 ‘‘(2) RESERVATION.—Of the funds appropriated 

16 under this subsection, the Secretary shall reserve, for 

17 each fiscal year after the date of enactment of the Na18 tive Culture, Language, and Access for Success in 

19 Schools Act not less than $500,000 for the grant to the 

20 Education Council under section 7204. 

21 ‘‘(3) AVAILABILITY.—Funds appropriated under 

22 this subsection shall remain available until ex23 pended.’’. 

24 SEC. 182. DEFINITIONS. 

25 Section 7207 (20 U.S.C. 7517) is amended— 

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1 (1) by redesignating paragraphs (1) through (6) 

2 and paragraphs (2) through (7) respectively; and 

3 (2) by inserting before paragraph (2) (as redesig4 nated by paragraph (1)) the following: 

5 ‘‘(1) COMMUNITY CONSULTATION.—The term 

6 ‘community consultation’ means a public gathering— 

7 ‘‘(A) to discuss Native Hawaiian education 

8 concerns; and 

9 ‘‘(B) about which the public has been given 

10 not less than 30 days notice.’’. 

11 Subtitle G—Impact Aid 

12 SEC. 185. IMPACT AID. 

13 Section 8004 of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 7704) is amended— 

15 (1) by redesignating subsections (c) through (f) 

16 as subsections (d) through (g), respectively; 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) ANNUAL SUMMARY.—On an annual basis, a local 

20 educational agency that claims children residing on Indian 

21 lands for the purpose of receiving funds under section 8003 

22 shall provide Indian tribes with— 

23 ‘‘(1) a summary of programs and activities that 

24 were created for the claimed children, or in which the 

25 claimed children participate; and 

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1 ‘‘(2) the funding received under section 8003 in 

2 the prior and current fiscal years attributable to such 

3 claimed children.’’; 

4 (3) in subsection (e), as redesignated by para5 graph (1)— 

6 (A) in paragraph (1), by striking ‘‘and’’ 

7 after the semicolon; 

8 (B) in paragraph (2), by striking the period 

9 and inserting a semicolon; and 

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

11 ‘‘(3) conduct annual outreach to Indian tribes 

12 about the impact aid program supported under this 

13 title and the provisions of this section; and 

14 ‘‘(4) submit an annual report, to the Committee 

15 on Indian Affairs and the Committee on Health, 

16 Education, Labor, and Pensions of the Senate, and 

17 the Committee on Natural Resources and the Com18 mittee on Education and the Workforce of the House 

19 of Representatives, that includes, with respect to the 

20 preceding year— 

21 ‘‘(A) a summary of the dates for, types of, 

22 and Indian tribes attending the outreach con23 ducted pursuant to paragraph (3); 

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1 ‘‘(B) a summary of the complaints filed 

2 under subsection (f) and the disposition of such 

3 complaints pursuant to this section; and 

4 ‘‘(C) any other information the Secretary 

5 determines appropriate regarding this section.’’; 

6 and 

7 (4) by inserting after subsection (g), as redesig8 nated by paragraph (1), the following: 

9 ‘‘(h) TIMELY PAYMENTS.— 

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

11 Secretary shall pay a local educational agency that 

12 claims children residing on Indian lands for the pur13 pose of receiving funds under section 8003 the full 

14 amount that the agency is eligible to receive under 

15 this title for a fiscal year not later than September 

16 30 of the second fiscal year following the fiscal year 

17 for which such amount has been appropriated if, not 

18 later than 1 calendar year following the fiscal year in 

19 which such amount has been appropriated, such local 

20 educational agency submits to the Secretary all the 

21 data and information necessary for the Secretary to 

22 pay the full amount that the agency is eligible to re23 ceive under this title for such fiscal year. 

24 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS

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1 PRIATED.—For a fiscal year in which the amount ap2 propriated under section 8014 is insufficient to pay 

3 the full amount a local educational agency is eligible 

4 to receive under this title, paragraph (1) shall be ap5 plied by substituting ‘is available to pay the agency’ 

6 for ‘the agency is eligible to receive’ each place it ap7 pears.’’. 

8 Subtitle H—General Provisions 

9 SEC. 191. HIGHLY QUALIFIED DEFINITION. 

10 Section 9109(23) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7801(23)) is amended— 

12 (1) in subparagraph (B)(ii)(II), by striking ‘‘; 

13 and’’ and inserting a semicolon; 

14 (2) in subparagraph (C)(ii)(VII), by striking the 

15 period and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(D) when used with respect to any public 

18 elementary school or secondary school teacher 

19 teaching Native American or Hawaiian lan20 guage, history, or culture in a State or any Bu21 reau of Indian Affairs funded or operated school, 

22 means a teacher certified by an Indian tribe or 

23 Native Hawaiian educational organization as 

24 highly qualified to teach such subjects.’’. 

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1 SEC. 192. APPLICABILITY OF ESEA TO BUREAU OF INDIAN 

2 EDUCATION SCHOOLS. 

3 Section 9103 (20 U.S.C. 7821) is amended to read as 

4 follows: 

5 ‘‘SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN EDU6 CATION SCHOOLS. 

7 ‘‘(a) IN GENERAL.—For the purpose of any competi8 tive program under this Act, a school described in sub9 section (b) shall have the same eligibility for and be given 

10 the same consideration as a local educational agency with 

11 regard to such program. 

12 ‘‘(b) DESCRIPTION OF SCHOOLS.—A school described 

13 in this subsection is— 

14 ‘‘(1) a school funded by the Bureau of Indian 

15 Education (including a school operated under a con16 tract or grant with the Bureau of Indian Education), 

17 or a consortium of such schools; or 

18 ‘‘(2) a school funded by the Bureau of Indian 

19 Education in consortium with an Indian tribe, an 

20 institution of higher education, a tribal organization, 

21 or a community organization. 

22 ‘‘(c) OUTREACH.—The Secretary shall perform out23 reach to schools and consortia described in subsection (b) 

24 to encourage such schools and consortia to apply for each 

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1 nical assistance as needed to enable such schools and con2 sortia to submit applications for such programs. 

3 ‘‘(d) COLLABORATION.—The Secretary shall collabo4 rate with the Secretary of the Interior to provide training 

5 and technical assistance to the Bureau of Indian Edu6 cation, Indian tribes, and schools operated under contracts 

7 and grants from the Bureau of Indian Education, regard8 ing— 

9 ‘‘(1) curriculum selection, including development 

10 of culturally appropriate curricula; 

11 ‘‘(2) the development and use of appropriate as12 sessments; and 

13 ‘‘(3) effective instructional practices.’’. 

14 SEC. 193. INCREASED ACCESS TO RESOURCES FOR TRIBAL 

15 SCHOOLS, SCHOOLS SERVED BY THE BUREAU 

16 OF INDIAN EDUCATION, AND NATIVE AMER17 ICAN STUDENTS. 

18 (a) TECHNICAL ASSISTANCE AND CAPACITY BUILD19 ING.—Subpart 2 of part E of title IX of the Elementary 

20 and Secondary Education Act of 1965 (20 U.S.C. 7901 et 

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

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1 ‘‘SEC. 9537. TECHNICAL ASSISTANCE AND CAPACITY BUILD2 ING FOR TRIBAL SCHOOLS AND SCHOOLS 

3 SERVED BY THE BUREAU OF INDIAN EDU4 CATION. 

5 ‘‘Notwithstanding any other provision of this Act, the 

6 Secretary shall ensure that any program supported with 

7 funds provided under this Act that awards grants, con8 tracts, or other assistance to public schools, provides a 1 

9 percent reservation for technical assistance or capacity 

10 building for tribal schools or schools served by the Bureau 

11 of Indian Education to ensure such tribal schools or schools 

12 served by the Bureau of Indian Education are provided the 

13 assistance to compete for such grants, contracts, or other 

14 assistance.’’. 

15 TITLE II—AMENDMENTS TO 

16 OTHER LAWS 

17 SEC. 201. AMENDMENTS TO THE AMERICAN RECOVERY AND 

18 REINVESTMENT ACT OF 2009 TO PROVIDE 

19 FUNDING FOR INDIAN PROGRAMS. 

20 Title XIV of Division A of the American Recovery and 

21 Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 

22 279) is amended— 

23 (1) by striking subsection (a) of section 14001 

24 and inserting the following: 

25 ‘‘(a) OUTLYING AREAS; BUREAU OF INDIAN EDU26 CATION.— 

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1 ‘‘(1) OUTLYING AREAS.—From the amount ap2 propriated to carry out this title, the Secretary of 

3 Education shall first allocate up to one-half of one 

4 percent to the outlying areas on the basis of their re5 spective needs, as determined by the Secretary, in 

6 consultation with the Secretary of the Interior, for ac7 tivities consistent with this title under such terms and 

8 conditions as the Secretary may determine. 

9 ‘‘(2) BUREAU OF INDIAN EDUCATION.—From the 

10 amounts appropriated to carry out section 14006 and 

11 section 14007, the Secretary of Education shall allo12 cate not less than 1 percent, but not more than 5 per13 cent, to the schools funded by the Bureau of Indian 

14 Education on the basis of their respective needs, as 

15 determined by the Secretary of Education, in con16 sultation with the Secretary of the Interior, for activi17 ties consistent with such sections under such terms 

18 and conditions as the Secretary may determine.’’; and 

19 (2) in section 14005(d), by striking paragraph 

20 (6) (as added by section 1832(b) of the Department 

21 of Defense and Full-Year Continuing Appropriations 

22 Act, 2011 (Public Law 112–10, 125 Stat. 164)) and 

23 inserting the following: 

24 ‘‘(6) IMPROVING EARLY CHILDHOOD CARE AND

25 EDUCATION.—The State will take actions to— 

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1 ‘‘(A) increase the number and percentage of 

2 low-income and disadvantaged children in each 

3 age group of infants, toddlers, and preschoolers 

4 who are enrolled in high-quality early learning 

5 programs; 

6 ‘‘(B) design and implement an integrated 

7 system of high-quality early learning programs 

8 and services; 

9 ‘‘(C) in collaboration with Indian tribes in 

10 the State, ensure that the actions described in 

11 subparagraphs (A) and (B) are taken to ensure 

12 that high-quality early learning programs and 

13 services are provided to Indian children in the 

14 State, which may be accomplished through sub15 grants to such tribes; and 

16 ‘‘(D) ensure that any use of assessments 

17 conforms with the recommendations of the Na18 tional Research Council’s reports on early child19 hood.’’. 

20 SEC. 202. QUALIFIED SCHOLARSHIPS FOR EDUCATION AND 

21 CULTURAL BENEFITS. 

22 (a) IN GENERAL.—Section 117 of the Internal Revenue 

23 Code of 1986 is amended by adding at the end the following 

24 new subsection: 

25 ‘‘(e) INDIAN EDUCATION AND CULTURAL BENEFITS.— 

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1 ‘‘(1) IN GENERAL.—Except as otherwise provided 

2 in this subsection, gross income does not include the 

3 value of— 

4 ‘‘(A) any qualified Indian education ben5 efit, or 

6 ‘‘(B) any qualified Indian cultural benefit. 

7 ‘‘(2) QUALIFIED INDIAN EDUCATION BENEFIT.— 

8 For purposes of this subsection, the term ‘qualified 

9 Indian education benefit’ means— 

10 ‘‘(A) any educational grant or benefit pro11 vided, directly or indirectly, to a member of an 

12 Indian tribe, including a spouse or dependent of 

13 such a member, by the Federal Government 

14 through a grant to or a contract or compact with 

15 an Indian tribe or tribal organization or 

16 through a third-party program funded by the 

17 Federal Government, and 

18 ‘‘(B) any educational grant or benefit pro19 vided or purchased by an Indian tribe or tribal 

20 organization to or for a member of an Indian 

21 tribe, including a spouse or dependent of such a 

22 member. 

23 ‘‘(3) QUALIFIED INDIAN CULTURAL BENEFIT.— 

24 For purposes of this subsection, the term ‘qualified 

25 Indian cultural benefit’ means— 

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1 ‘‘(A) any grant or benefit provided, directly 

2 or indirectly, to a member of an Indian tribe, 

3 including a spouse or dependent of such a mem4 ber, by the Federal Government through a grant 

5 to or a contract or compact with an Indian tribe 

6 or tribal organization or through a third-party 

7 program funded by the Federal Government, for 

8 the study of the language, culture, and ways of 

9 life of the tribe, and 

10 ‘‘(B) any grant or benefit provided or pur11 chased by an Indian tribe or tribal organization 

12 to or for a member of an Indian tribe, including 

13 a spouse or dependent of such a member, for the 

14 study of the language, culture, and ways of life 

15 of the tribe. 

16 ‘‘(4) DEFINITIONS.—For purposes of this sub17 section— 

18 ‘‘(A) INDIAN TRIBE.—The term ‘Indian 

19 tribe’ has the meaning given such term by sec20 tion 45A(c)(6). 

21 ‘‘(B) TRIBAL ORGANIZATION.—The term 

22 ‘tribal organization’ has the meaning given such 

23 term by section 4(l) of the Indian Self-Deter24 mination and Education Assistance Act. 

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1 ‘‘(C) DEPENDENT.—The term ‘dependent’ 

2 has the meaning given such term by section 152, 

3 determined without regard to subsections (b)(1), 

4 (b)(2), and (d)(1)(B) thereof. 

5 ‘‘(5) DENIAL OF DOUBLE BENEFIT.—This sub6 section shall not apply to the amount of any qualified 

7 Indian education benefit or qualified Indian cultural 

8 benefit which is not includible in gross income of the 

9 beneficiary of such benefit by reason of any other pro10 vision of this title, or to the amount of any such ben11 efit for which a deduction is allowed to such bene12 ficiary under any other provision of this title.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by this 

14 section shall apply to amounts received after the date of 

15 enactment of this Act. 

16 SEC. 203. TRIBAL EDUCATION POLICY ADVISORY GROUP. 

17 Section 1126 of the Education Amendments of 1978 

18 (25 U.S.C. 2006) is amended by adding at the end the fol19 lowing: 

20 ‘‘(h) TRIBAL EDUCATION POLICY ADVISORY GROUP.— 

21 ‘‘(1) ESTABLISHMENT.—Not later than 120 days 

22 after the date of enactment of this subsection, the Sec23 retary, acting through the Assistant Secretary for In24 dian Affairs, shall establish a Tribal Education Pol25 icy Advisory Group (referred to in this subsection as 

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1 the ‘TEPAG’) to advise the Secretary and the Assist2 ant Secretary on all policies, guidelines, pro3 grammatic issues, and budget development for the 

4 school system funded by the Bureau of Indian Edu5 cation. 

6 ‘‘(2) DUTIES.— 

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

8 consult with the TEPAG prior to proposing any 

9 regulations, establishing or changing any poli10 cies, or submitting any budget proposal applica11 ble to the Bureau of Indian Education school 

12 system. 

13 ‘‘(B) RECOMMENDATIONS.—The Secretary 

14 shall include in the proposed budget developed 

15 annually for the Bureau of Indian Education 

16 any recommendations made by the TEPAG re17 sulting from the consultation under subpara18 graph (A). 

19 ‘‘(C) SUPPLEMENT, NOT SUPPLANT.—The 

20 consultation required by subparagraph (A) shall 

21 be in addition to and shall not replace the con22 sultation requirement of section 1131. 

23 ‘‘(3) COMPOSITION.— 

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1 ‘‘(A) IN GENERAL.—The TEPAG shall be 

2 composed of 26 members, who shall be selected in 

3 accordance with subparagraphs (B) through (D). 

4 ‘‘(B) TRIBAL MEMBERS.— 

5 ‘‘(i) IN GENERAL.—The TEPAG shall 

6 be composed of 22 elected or appointed trib7 al officials (or designated employees of the 

8 officials with authority to act on behalf of 

9 the officials), 1 from each education line of10 fice of the Bureau of Indian Education, who 

11 shall act as principal members of the 

12 TEPAG. 

13 ‘‘(ii) SELECTION PROCESS.—The tribes 

14 and schools served by each education line of15 fice shall establish a process to select the 

16 principal member and alternate member of 

17 that education line office to TEPAG. 

18 ‘‘(iii) ALTERNATES.—The alternate 

19 member of an education line office selected 

20 under clause (ii) may participate in 

21 TEPAG meetings in the absence of the prin22 cipal member of that education line office. 

23 ‘‘(C) NATIONAL TRIBAL ORGANIZATION

24 MEMBER.—The Secretary shall appoint a prin25 cipal member and an alternate member to the 

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1 TEPAG from among national organizations 

2 comprised of Indian tribes, who shall be elected 

3 or appointed tribal officials (or designated em4 ployees of the officials with authority to act on 

5 behalf of the officials). 

6 ‘‘(D) FEDERAL MEMBERS.—The Secretary, 

7 the Assistant Secretary for Indian Affairs, and 

8 the Director of the Bureau of Indian Education 

9 shall be ex officio members of the TEPAG. 

10 ‘‘(4) ADMINISTRATION.— 

11 ‘‘(A) MEETINGS.—The TEPAG shall meet 

12 in person not less than 3 times per fiscal year 

13 and may hold additional meetings by telephone 

14 conference call. 

15 ‘‘(B) PROTOCOLS.—The Secretary and the 

16 TEPAG shall jointly develop protocols for the op17 eration and administration of TEPAG. 

18 ‘‘(C) NONAPPLICABILITY OF FACA.—The 

19 Federal Advisory Committee Act (5 U.S.C. App.) 

20 shall not apply to the TEPAG. 

21 ‘‘(D) SUPPORT.— 

22 ‘‘(i) IN GENERAL.—The Secretary shall 

23 be responsible for all costs associated with 

24 carrying out the functions of the TEPAG, 

25 including reimbursement for the travel, 

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1 lodging, and per diem expenses of each 

2 principal or alternate TEPAG member se3 lected under subparagraphs (B) and (C) of 

4 paragraph 3. 

5 ‘‘(ii) ADDITIONAL REQUEST.— 

6 ‘‘(I) IN GENERAL.—To facilitate 

7 the work of the TEPAG, the Secretary 

8 may request additional funding in the 

9 annual budget submission of the Sec10 retary to support technical and sub11 stantive assistance to the TEPAG. 

12 ‘‘(II) RECOMMENDATIONS.—If the 

13 Secretary requests additional funding 

14 under subclause (I), the Secretary shall 

15 take into consideration the amount of 

16 funding requested by the TEPAG for 

17 technical and substantive assistance 

18 when making the additional funding 

19 request. 

20 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated such sums as 

22 are necessary to carry out this subsection.’’. 

23 SEC. 204. DIVISION OF BUDGET ANALYSIS. 

24 Section 1129 of the Education Amendments of 1978 

25 (25 U.S.C. 2009) is amended— 

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1 (1) in subsection (c)— 

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

3 by striking ‘‘Assistant Secretary for Indian Af4 fairs’’ and inserting ‘‘Secretary’’; 

5 (B) in paragraph (2), by striking ‘‘and’’ 

6 after the semicolon; 

7 (C) by redesignating paragraph (3) as 

8 paragraph (4); and 

9 (D) by inserting after paragraph (2) the fol10 lowing: 

11 ‘‘(3) a determination of the amount necessary to 

12 sustain academic and residential programs at Bu13 reau-funded schools, calculated pursuant to subpart H 

14 of part 39 of title 25, Code of Federal Regulations (or 

15 successor regulations); and’’; and 

16 (2) in subsection (d), by striking ‘‘Assistant Sec17 retary for Indian Affairs’’ and inserting ‘‘Secretary’’. 

18 SEC. 205. TRIBAL EDUCATIONAL AGENCIES. 

19 Section 1140 of the Education Amendments of 1978 

20 (25 U.S.C. 2020) is amended— 

21 (1) in the section heading, by striking ‘‘TRIBAL

22 DEPARTMENTS OR DIVISIONS OF EDUCATION’’ 

23 and inserting ‘‘TRIBAL EDUCATIONAL AGEN24 CIES’’; 

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1 (2) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) IN GENERAL.—The Secretary shall make grants 

4 and provide technical assistance to Indian tribes for the de5 velopment and operation of tribal educational agencies for 

6 the purpose of planning and coordinating all educational 

7 programs of Indian tribes and building the capacities of 

8 tribal educational agencies.’’; 

9 (3) in subsection (d), by striking ‘‘Tribes that’’ 

10 and inserting ‘‘Indian tribes that’’; 

11 (4) in subsection (e)— 

12 (A) by striking paragraph (1) and inserting 

13 the following: 

14 ‘‘(1) includes assurances from the applicant that 

15 the tribal educational agency to be funded under this 

16 section will provide coordinating services and tech17 nical assistance to all schools located on its lands;’’; 

18 (B) in paragraph (2), by striking ‘‘tribal 

19 department of education’’ and inserting ‘‘tribal 

20 educational agency’’; and 

21 (C) in paragraph (3)(A)— 

22 (i) by striking the matter preceding 

23 clause (i) and inserting the following: ‘‘If 

24 schools funded or supported by the Bureau 

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1 of Indian Education are located within the 

2 tribe’s territory, provides for—’’; and 

3 (ii) in clause (i), by striking ‘‘tribal 

4 department of education’’ and inserting 

5 ‘‘tribal educational agency’’; and 

6 (5) by striking subsection (h) and inserting the 

7 following: 

8 ‘‘(h) CAPACITY BUILDING AND TECHNICAL ASSIST9 ANCE.—Each recipient of a grant under this section shall 

10 use the grant in ways that will build such recipient’s capac11 ity to continue to plan and develop high-quality education 

12 programs. The Secretary shall provide technical assistance 

13 to such recipients to assist with capacity building. 

14 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to carry out this section 

16 $25,000,000 for fiscal year 2012 and for each of the suc17 ceeding 5 fiscal years.’’. 

18 SEC. 206. QUALIFIED SCHOOL CONSTRUCTION BOND ES19 CROW ACCOUNT. 

20 Part B of title II of the Indian Self-Determination and 

21 Education Assistance Act (25 U.S.C. 458) is amended by 

22 adding at the end the following: 

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1 ‘‘SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED 

2 SCHOOL CONSTRUCTION BOND ESCROW AC3 COUNT. 

4 ‘‘(a) IN GENERAL.—Pursuant to the authority granted 

5 under section 54F(d)(4) of the Internal Revenue Code of 

6 1986, the Secretary shall establish a qualified school con7 struction bond escrow account for the purpose of imple8 menting section 54F of the Internal Revenue Code of 1986. 

9 ‘‘(b) TRANSFER TO ESCROW ACCOUNT.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall allocate 

11 to the escrow account described in subsection (a) 

12 amounts described in section 54F(d)(4) of the Inter13 nal Revenue Code of 1986. 

14 ‘‘(2) OTHER FUNDS.—The Secretary shall accept 

15 and disburse to the escrow account described in sub16 section (a) amounts received to carry out this section 

17 from other sources, including other Federal agencies, 

18 non-Federal public agencies, and private sources.’’. 

19 SEC. 207. EQUITY IN EDUCATIONAL LAND-GRANT STATUS 

20 ACT OF 1994. 

21 Section 532 of the Equity in Educational Land-Grant 

22 Status Act of 1994 (7 U.S.C. 301 note) is amended— 

23 (1) in paragraph (5), by striking ‘‘Crownpoint 

24 Institute of Technology’’ and inserting ‘‘Navajo Tech25 nical College (formerly Crownpoint Institute of Tech26 nology)’’; 

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1 (2) in paragraph (10), by striking ‘‘Fort 

2 Belknap College’’ and insert ‘‘Aaniiih Nakoda College 

3 (formerly Fort Belknap College)’’; 

4 (3) by striking paragraph (27); 

5 (4) by redesignating paragraphs (28) through 

6 (34) as paragraphs (27) through (33), respectively; 

7 and 

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

9 ‘‘(34) Keweenaw Bay Ojibwa Community Col10 lege. 

11 ‘‘(35) College of the Muscogee Nation. 

12 ‘‘(36) Comanche Nation College.’’. 

13 SEC. 208. WORKFORCE INVESTMENT ACT OF 1998. 

14 Title II of the Workforce Investment Act of 1998 (20 

15 U.S.C. 9201 et seq.) is amended— 

16 (1) in section 203— 

17 (A) in paragraph (5)(D), by inserting ‘‘, in18 cluding a Tribal College or University’’ after 

19 ‘‘education’’; 

20 (B) in paragraph (15), by amending sub21 paragraph (B) to read as follows: 

22 ‘‘(B) a Tribal College or University; or’’; 

23 (C) by redesignating paragraph (18) as 

24 paragraph (19); and 

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1 (D) by inserting after paragraph (17) the 

2 following: 

3 ‘‘(18) TRIBAL COLLEGE OR UNIVERSITY.—The 

4 term ‘Tribal College or University’ has the meaning 

5 given the term in section 316(b) of the Higher Edu6 cation Act of 1965.’’; 

7 (2) in section 211(a)— 

8 (A) in paragraph (2), by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (B) in paragraph (3), by striking the period 

11 and inserting ‘‘; and’’; and 

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

13 ‘‘(4) shall reserve 1.5 percent to carry out section 

14 244, except that the amount so reserved shall not ex15 ceed $8,000,000.’’; and 

16 (3) by inserting after section 243 the following: 

17 ‘‘SEC. 244. AMERICAN INDIAN, NATIVE HAWAIIAN, AND TRIB18 AL COLLEGE OR UNIVERSITY ADULT EDU19 CATION AND LITERACY PROGRAM. 

20 ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Secretary 

21 shall establish and carry out an American Indian, Native 

22 Hawaiian, and Tribal College or University Adult Edu23 cation and Literacy Grant Program to enable Tribal Col24 leges or Universities and Native Hawaiian educational or25 ganizations to develop and implement innovative, effective, 

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1 and replicable programs designed to enhance life skills and 

2 transition individuals to employability and postsecondary 

3 education and to provide technical assistance to such insti4 tutions and organizations for program administration. 

5 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

6 under this section, a Tribal College or University or a Na7 tive Hawaiian educational organization shall submit to the 

8 Secretary an application at such time and in such manner 

9 as the Secretary may reasonably require. The Secretary 

10 shall, to the extent practicable, prescribe a simplified and 

11 streamlined format for such applications that takes into ac12 count the limited number of institutions that are eligible 

13 for assistance under this section. 

14 ‘‘(c) ELIGIBLE ACTIVITIES.—Activities that may be 

15 carried out under a grant awarded under this section in16 clude— 

17 ‘‘(1) adult education and literacy services, in18 cluding workplace literacy services; 

19 ‘‘(2) family literacy services; 

20 ‘‘(3) English literacy programs, including lim21 ited English proficiency programs; 

22 ‘‘(4) civil engagement and community participa23 tion, including U.S. citizenship skills; 

24 ‘‘(5) opportunities for American Indians, Native 

25 Hawaiians, and Alaska Natives to qualify for a secmstockstill on DSK4VPTVN1PROD with 

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1 ondary school diploma, or its recognized equivalent; 

2 and 

3 ‘‘(6) demonstration and research projects and 

4 professional development activities designed to develop 

5 and identify the most successful methods and tech6 niques for addressing the educational needs of Amer7 ican Indian and Native Hawaiian adults. 

8 ‘‘(d) GRANTS AND CONTRACTS.—Funding shall be 

9 awarded under this section to Tribal Colleges or Univer10 sities or Native Hawaiian educational organizations on a 

11 competitive basis through grants, contracts, or cooperative 

12 agreements of not less than 3 years in duration. 

13 ‘‘(e) CONSIDERATION AND INCLUSION.—In making 

14 awards under this section, the Secretary may take into ac15 count the considerations set forth in section 231(e). In no 

16 case shall the Secretary make an award to a Tribal College 

17 or University or Native Hawaiian educational organiza18 tion that does not include in its application a description 

19 of a multiyear strategy, including performance measures, 

20 for increasing the number of adult American Indian, Native 

21 Hawaiian, or Alaska Natives that attain a secondary di22 ploma or recognized equivalent. 

23 ‘‘(f) DEFINITION OF NATIVE HAWAIIAN EDUCATIONAL

24 ORGANIZATION.—The term ‘Native Hawaiian educational 

25 organization’ means a Native Hawaiian educational orgamstockstill on DSK4VPTVN1PROD with 

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1 nization, as defined in section 1116A(b), that operates an 

2 institution of higher education on land of the Department 

3 of Hawaiian Home Lands (as defined in such section).’’. 

4 SEC. 209. TECHNICAL AMENDMENTS TO TRIBALLY CON5 TROLLED SCHOOLS ACT OF 1988. 

6 (a) GRANTS AUTHORIZED.—Section 5203(b)(3) of the 

7 Tribally Controlled Schools Act of 1988 (25 U.S.C. 

8 2502(b)(3)) is amended— 

9 (1) by striking ‘‘as defined in section 

10 1128(h)(1)’’ and inserting ‘‘as defined in section 

11 1128(a)(1)’’; and 

12 (2) by striking ‘‘under section 1128 of such’’ and 

13 inserting ‘‘under section 1128(c) of that’’. 

14 (b) AMENDMENTS TO GRANTS.—Section 5203 of the 

15 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2502) 

16 is amended by adding at the end the following: 

17 ‘‘(h) AMENDMENTS TO GRANTS.— 

18 ‘‘(1) IN GENERAL.—At the request of the school 

19 board of a tribally controlled school, the Secretary 

20 shall approve a request to amend a grant issued to 

21 that school board under this part unless the Secretary, 

22 not later than 90 days after the date of receipt of the 

23 request, provides written notification to the school 

24 board that contains a specific finding that clearly 

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1 demonstrates, or is supported by a controlling legal 

2 authority, that— 

3 ‘‘(A) the services to be rendered to the eligi4 ble Indian students under the proposed amend5 ment to the grant do not meet the requirements 

6 of this part; 

7 ‘‘(B) adequate protection of trust resources 

8 is not assured; 

9 ‘‘(C) the grant or the proposed amendment 

10 to the grant cannot be properly completed or 

11 maintained; 

12 ‘‘(D) the amount of funds proposed under 

13 the amendment is in excess of the applicable 

14 funding level for the grant, as determined under 

15 section 5204; or 

16 ‘‘(E) the program, function, service, or ac17 tivity (or portion of the program, function, serv18 ice, or activity) that is the subject of the pro19 posed amendment is beyond the scope of pro20 grams, functions, services, or activities covered 

21 under this part because the proposed amendment 

22 includes activities that cannot lawfully be car23 ried out by the grantee. 

24 ‘‘(2) APPEALS.—The Secretary shall provide the 

25 school board of a tribally controlled school with a 

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1 hearing on the record in the same manner as pro2 vided under section 102 of the Indian Self-Determina3 tion and Education Assistance Act (25 U.S.C. 

4 450f).’’. 

5 (c) COMPOSITION OF GRANTS.—Section 5204(b) of the 

6 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2503(b)) 

7 is amended— 

8 (1) in paragraph (4)(B)(iv), by striking ‘‘section 

9 5209(e)’’ and inserting ‘‘section 5208(e)’’; and 

10 (2) in paragraph (5)(B), by striking ‘‘section 

11 5209(e)’’ and inserting ‘‘section 5208(e)’’. 

12 (d) DURATION OF ELIGIBILITY DETERMINATION.— 

13 Section 5206(c) of the Tribally Controlled Schools Act of 

14 1988 (25 U.S.C. 2505(c)) is amended— 

15 (1) in paragraph (2), by striking ‘‘section 

16 5206(b)(1)(A)’’ and inserting ‘‘section 5205(b)(1)(A)’’; 

17 and 

18 (2) in paragraph (4)(A), by striking ‘‘section 

19 5206(f)(1)(C)’’ and inserting ‘‘section 5205(f)(1)(C)’’. 

20 SEC. 210. EXEMPTION FROM ELIGIBILITY APPLICATION. 

21 Paragraph (1) of section 316(d) of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1059c(d)) is amended to read 

23 as follows: 

24 ‘‘(1) INSTITUTIONAL ELIGIBILITY.— 

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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of this title, a Tribal College or 

3 University shall be deemed eligible to receive 

4 funding under this section if such institution 

5 is— 

6 ‘‘(i) eligible to receive funding under 

7 the Tribally Controlled Colleges and Univer8 sities Assistance Act of 1978 (25 U.S.C. 

9 1801 et seq.) or the Navajo Community Col10 lege Assistance Act of 1978 (25 U.S.C. 640a 

11 note); or 

12 ‘‘(ii) is an institution listed in section 

13 532 of the Equity in Educational Land14 Grant Status Act of 1994 (7 U.S.C. 301 

15 note). 

16 ‘‘(B) EXEMPTION.—Sections 312(b) and 

17 313(d) shall not apply to institutions that are el18 igible to receive funds under this section.’’. 

19 SEC. 211. TRIBAL COLLEGES AND UNIVERSITIES AMERICAN 

20 INDIAN LANGUAGE VITALIZATION AND 

21 TRAINING PROGRAM. 

22 Part A of title III of the Higher Education Act of 1965 

23 (20 U.S.C. 1057 et seq.) is amended by adding at the end 

24 the following: 

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1 ‘‘SEC. 320A. AMERICAN INDIAN LANGUAGE VITALIZATION 

2 AND TRAINING PROGRAM. 

3 ‘‘(a) DEFINITION OF ELIGIBLE INSTITUTION.—In this 

4 section, the term ‘eligible institution’ means a Tribal Col5 lege or University, as defined in section 316(b)(3). 

6 ‘‘(b) PROGRAM AUTHORIZED.— 

7 ‘‘(1) IN GENERAL.—The Secretary, acting 

8 through the Assistant Secretary for Postsecondary 

9 Education, shall establish a program, to be known as 

10 the ‘American Indian Language Vitalization and 

11 Training Program’, to award grants, on a competi12 tive basis, to eligible institutions to enable the eligible 

13 institutions to promote the preservation, revitaliza14 tion, relevancy, and use of American Indian lan15 guages. 

16 ‘‘(2) DURATION.—A grant under this section 

17 shall be for a period of not less than 5 years and not 

18 more than 10 years. 

19 ‘‘(c) APPLICATION.— 

20 ‘‘(1) IN GENERAL.—An eligible institution desir21 ing to receive a grant under this section shall submit 

22 an application to the Secretary at such time as the 

23 Secretary may reasonably require. 

24 ‘‘(2) STREAMLINED PROCESS.—The Secretary 

25 shall establish application requirements in such a 

26 manner as to simplify and streamline the process for 

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1 applying for grants under this section and in a man2 ner that is consistent with subsection (e)(3). 

3 ‘‘(3) PROGRAM PLAN.— 

4 ‘‘(A) IN GENERAL.—An application under 

5 paragraph (1) shall include a plan for the pro6 gram proposed to be carried out by the eligible 

7 institution using the grant. 

8 ‘‘(B) INCLUSIONS.—The program plan de9 scribed in subparagraph (A) shall include— 

10 ‘‘(i) a description of a 5-year strategy 

11 of the eligible institution for meeting the 

12 needs of American Indians or Alaska Na13 tives, as appropriate, in the area served by 

14 the eligible institution; 

15 ‘‘(ii) an identification of the popu16 lation to be served by the eligible institu17 tion; 

18 ‘‘(iii) an identification of the status of 

19 American Indian language understanding 

20 and use within that population and a de21 scription of the manner in which the pro22 gram will help preserve and revitalize the 

23 relevant American Indian language; 

24 ‘‘(iv) a description of the services to be 

25 provided under the program, including the 

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1 manner in which the services will be inte2 grated with other appropriate activities; 

3 and 

4 ‘‘(v) a description, to be prepared in 

5 consultation with the Secretary, of the per6 formance measures to be used to assess the 

7 performance of the tribal college or univer8 sity in carrying out the program. 

9 ‘‘(C) REQUIREMENT.—A program plan 

10 shall be consistent with the purposes of this sec11 tion, as determined by the Secretary. 

12 ‘‘(d) ACTIVITIES.—An eligible institution that receives 

13 a grant under this subsection shall use the grant to carry 

14 out activities relating to the purpose of this section, includ15 ing— 

16 ‘‘(1) curricula development and academic in17 struction, including educational activities, programs, 

18 and partnerships relating to students in prekinder19 garten through grade 16; 

20 ‘‘(2) professional development for Tribal College 

21 or University faculty and in-service training pro22 grams for prekindergarten through grade 16 instruc23 tors and administrators; 

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1 ‘‘(3) innovative American Indian language pro2 grams for students in prekindergarten through grade 

3 16, including language immersion programs; and 

4 ‘‘(4) research on Native language instruction, 

5 best practices, and pedagogy, including comparative 

6 practices. 

7 ‘‘(e) SPECIAL RULES.— 

8 ‘‘(1) CONCURRENT FUNDING.—An eligible insti9 tution that receives funds under this section may con10 currently receive funds under section 316. 

11 ‘‘(2) EXEMPTION.—Sections 312(b) and 313(d) 

12 shall not apply to institutions that are eligible by def13 inition to receive funds under this section. 

14 ‘‘(3) INSTITUTIONAL ELIGIBILITY.—Notwith15 standing any other provision of this title, a Tribal 

16 College or University shall be deemed eligible to re17 ceive funding under this section if such institution 

18 is— 

19 ‘‘(A) eligible to receive funding under the 

20 Tribally Controlled Colleges and Universities As21 sistance Act of 1978 (25 U.S.C. 1801 et seq.) or 

22 the Navajo Community College Assistance Act of 

23 1978 (25 U.S.C. 640a note); or 

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1 ‘‘(B) is cited in section 532 of the Equity 

2 in Educational Land-Grant Status Act of 1994 

3 (7 U.S.C. 301 note). 

4 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 

5 authorized to be appropriated to carry out this subsection 

6 $15,000,000 for fiscal year 2012 and for each subsequent 

7 fiscal year.’’. 

8 SEC. 212. ADMINISTRATIVE COST GRANTS FOR TRIBALLY 

9 OPERATED SCHOOLS. 

10 Section 1128(l)(1) of the Education Amendments of 

11 1978 (25 U.S.C. 2008(l)(1)) is amended— 

12 (1) by striking ‘‘2002’’ and inserting ‘‘2013’’; 

13 and 

14 (2) by striking ‘‘at the discretion of the Sec15 retary,’’. 

16 SEC. 213. TRIBAL MEMBER STUDENT RECORDS. 

17 Section 444(b)(1)(C) of the General Education Provi18 sions Act (commonly referred to as the ‘‘Family Edu19 cational Rights and Privacy Act of 1974’’) (20 U.S.C. 

20 1232g(b)(1)(C)) is amended— 

21 (1) by striking ‘‘ (3), or (ii)’’ and inserting ‘‘(3), 

22 (ii)’’; and 

23 (2) by striking ‘‘or (III) State educational au24 thorities, under the conditions set forth in paragraph 

25 (3)’’ and inserting ‘‘(III) authorized representatives of 

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1 Indian tribes, or (IV) State educational authorities, 

2 under the conditions set forth in paragraph (3)’’. 

3 TITLE III—ADDITIONAL 

4 EDUCATION PROVISIONS 

5 SEC. 301. NATIVE AMERICAN STUDENT SUPPORT. 

6 (a) SUPPORT.—The Secretary of Education shall ex7 pand programs for Native American school children— 

8 (1) to provide support for learning in their Na9 tive language and culture; and 

10 (2) to provide English language instruction. 

11 (b) RESEARCH.—The Secretary of Education shall 

12 conduct research on culture- and language-based education 

13 to identify the factors that improve education and health 

14 outcomes. 

15 SEC. 302. ENSURING THE SURVIVAL AND CONTINUING VI16 TALITY OF NATIVE AMERICAN LANGUAGES. 

17 (a) DEFINITIONS.—In this section: 

18 (1) DIRECTOR.—The term ‘‘Director’’ means the 

19 Director of the Bureau of Indian Education. 

20 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti21 ty’’ means any agency or organization that is eligible 

22 for financial assistance under section 803(a) of the 

23 Native American Programs Act of 1974 (42 U.S.C. 

24 2991b(a)). 

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1 (3) NATIVE AMERICAN LANGUAGE NEST.—The 

2 term ‘‘Native American language nest’’ has the mean3 ing given the term in section 803C(b)(7)(A) of the Na4 tive American Programs Act of 1974 (42 U.S.C. 

5 2991b–3(b)(7)(A)). 

6 (4) NATIVE AMERICAN LANGUAGE SURVIVAL

7 SCHOOL.—The term ‘‘Native American language sur8 vival school’’ has the meaning given the term in sec9 tion 803C(b)(7)(B) of the Native American Programs 

10 Act of 1974 (42 U.S.C. 2991b–3(b)(7)(B)). 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior, acting through the Di13 rector. 

14 (b) ESTABLISHMENT OF GRANT PROGRAM.—The Sec15 retary shall establish a program to provide eligible entities 

16 with grants for the purpose of assisting Native Americans 

17 to ensure the survival and continuing vitality of Native 

18 American languages. 

19 (c) USE OF AMOUNTS.— 

20 (1) IN GENERAL.—An eligible entity may use 

21 amounts received under this section to carry out ac22 tivities that ensure the survival and continuing vital23 ity of Native American languages, including— 

24 (A) the establishment and support of com25 munity Native American language projects demstockstill on DSK4VPTVN1PROD with 

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1 signed to bring older and younger Native Ameri2 cans together to facilitate and encourage the 

3 transfer of Native American language skills from 

4 1 generation to another; 

5 (B) the establishment of projects that train 

6 Native Americans to— 

7 (i) teach a Native American language 

8 to others; or 

9 (ii) serve as interpreters or translators 

10 of a Native American language; 

11 (C) the development, printing, and dissemi12 nation of materials to be used for the teaching 

13 and enhancement of a Native American lan14 guage; 

15 (D) the establishment or support of a 

16 project to train Native Americans to produce or 

17 participate in television or radio programs to be 

18 broadcast in a Native American language; 

19 (E) the compilation, transcription, and 

20 analysis of oral testimony to record and preserve 

21 a Native American language; 

22 (F) the purchase of equipment, including 

23 audio and video recording equipment, computers, 

24 and software, required to carry out a Native 

25 American language project; and 

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1 (G)(i) the establishment of Native American 

2 language nests, which are site-based educational 

3 programs that— 

4 (I) provide instruction and child care 

5 through the use of a Native American lan6 guage for at least 10 children under the age 

7 of 7 for an average of at least 500 hours per 

8 year per student; 

9 (II) provide classes in a Native Amer10 ican language for parents (or legal guard11 ians) of students enrolled in a Native Amer12 ican language nest (including Native Amer13 ican language-speaking parents); and 

14 (III) ensure that a Native American 

15 language is the dominant medium of in16 struction in the Native American language 

17 nest; 

18 (ii) the establishment of Native American 

19 language survival schools, which are site-based 

20 educational programs for school-age students 

21 that— 

22 (I) provide an average of at least 500 

23 hours of instruction through the use of 1 or 

24 more Native American languages for at 

25 least 15 students for whom a Native Amermstockstill on DSK4VPTVN1PROD with 

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1 ican language survival school is the prin2 cipal place of instruction; 

3 (II) develop instructional courses and 

4 materials for learning Native American 

5 languages and for instruction through the 

6 use of Native American languages; 

7 (III) provide for teacher training; 

8 (IV) work toward a goal of all students 

9 achieving— 

10 (aa) fluency in a Native Amer11 ican language; and 

12 (bb) academic proficiency in 

13 mathematics, reading (or language 

14 arts), and science; and 

15 (V) are located in areas that have high 

16 numbers or percentages of Native American 

17 students; and 

18 (iii) the establishment of Native American 

19 language restoration programs, which are edu20 cational programs that— 

21 (I) operate at least 1 Native American 

22 language program for the community which 

23 the educational program serves; 

24 (II) provide training programs for 

25 teachers of Native American languages; 

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1 (III) develop instructional materials 

2 for the Native American language restora3 tion programs; 

4 (IV) work toward a goal of increasing 

5 proficiency and fluency in at least 1 Native 

6 American language; and 

7 (V) provide instruction in at least 1 

8 Native American language. 

9 (2) NATIVE AMERICAN LANGUAGE RESTORATION

10 PROGRAMS.—An eligible entity carrying out a pro11 gram described in paragraph (1)(G)(iii) may use 

12 amounts made available under this section to carry 

13 out— 

14 (A) Native American language programs, 

15 including— 

16 (i) Native American language immer17 sion programs; 

18 (ii) Native American language and 

19 culture camps; 

20 (iii) Native American language pro21 grams provided in coordination and co22 operation with educational entities; 

23 (iv) Native American language pro24 grams provided in coordination and comstockstill on DSK4VPTVN1PROD with 

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1 operation with local institutions of higher 

2 education; 

3 (v) Native American language pro4 grams that use a master-apprentice model 

5 of learning languages; and 

6 (vi) Native American language pro7 grams provided through a regional program 

8 to better serve geographically dispersed stu9 dents; 

10 (B) Native American language teacher 

11 training programs, including— 

12 (i) training programs in Native Amer13 ican language translation for fluent speak14 ers; 

15 (ii) training programs for Native 

16 American language teachers; and 

17 (iii) training programs for teachers in 

18 the use of Native American language mate19 rials, tools, and interactive media to teach 

20 Native American language; and 

21 (C) the development of Native American 

22 language materials, including books, audio and 

23 visual tools, and interactive media programs. 

24 (d) APPLICATIONS.— 

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

2 awarding a grant under this section, the Secretary 

3 shall select applicants from among eligible entities on 

4 the basis of applications submitted to the Secretary at 

5 such time, in such form, and containing such infor6 mation as the Secretary requires. 

7 (2) REQUIREMENTS.—An application under 

8 paragraph (1) shall include, at a minimum— 

9 (A) a detailed description of the current sta10 tus of the Native American language to be ad11 dressed by the project for which a grant is re12 quested, including a description of existing pro13 grams and projects, if any, in support of that 

14 language; 

15 (B) a detailed description of the project for 

16 which the grant is requested; 

17 (C) a statement that the objectives of the 

18 project are in accordance with the purposes of 

19 this section; 

20 (D) a detailed description of the plan of the 

21 applicant to evaluate the project; 

22 (E) if appropriate, an identification of op23 portunities for the replication or modification of 

24 the project for use by other Native Americans; 

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1 (F) a plan for the preservation of the prod2 ucts of the Native American language project for 

3 the benefit of future generations of Native Ameri4 cans and other interested persons; and 

5 (G) in the case of an application for a 

6 grant to carry out any purpose specified in sub7 section (c)(1)(G)(iii), a certification by the ap8 plicant that the applicant has not less than 3 

9 years of experience in operating and admin10 istering a Native American language survival 

11 school, a Native American language nest, or any 

12 other educational program in which instruction 

13 is conducted in a Native American language. 

14 (3) PARTICIPATING ORGANIZATIONS.—If an ap15 plicant determines that the objectives of a proposed 

16 Native American language project would be accom17 plished more effectively through a partnership with 

18 an educational entity, the applicant shall identify the 

19 educational entity as a participating organization in 

20 the application. 

21 (e) LIMITATIONS ON FUNDING.— 

22 (1) FEDERAL SHARE.—The Federal share of the 

23 total cost of a program under this section shall not 

24 exceed 80 percent. 

25 (2) NON-FEDERAL SHARE.— 

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1 (A) IN GENERAL.—The non-Federal share of 

2 the cost of a program under this section may be 

3 provided in cash or fairly evaluated in-kind con4 tributions, including facilities, equipment, or 

5 services. 

6 (B) SOURCE OF NON-FEDERAL SHARE.— 

7 The non-Federal share— 

8 (i) may be provided from any private 

9 or non-Federal source; and 

10 (ii) may include amounts (including 

11 interest) distributed to an Indian tribe— 

12 (I) by the Federal Government 

13 pursuant to the satisfaction of a claim 

14 made under Federal law; 

15 (II) from amounts collected and 

16 administered by the Federal Govern17 ment on behalf of an Indian tribe or 

18 the members of an Indian tribe; or 

19 (III) by the Federal Government 

20 for general tribal administration or 

21 tribal development under a formula or 

22 subject to a tribal budgeting priority 

23 system, including— 

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1 (aa) amounts involved in the 

2 settlement of land or other judg3 ment claims; 

4 (bb) severance or other roy5 alty payments; or 

6 (cc) payments under the In7 dian Self-Determination Act (25 

8 U.S.C. 450f et seq.) or a tribal 

9 budget priority system. 

10 (3) DURATION.— 

11 (A) IN GENERAL.—Subject to subparagraph 

12 (B), the Secretary may make grants made under 

13 this section on a 1-year, 2-year, or 3-year basis. 

14 (B) NATIVE AMERICAN LANGUAGE RESTORA15 TION PROGRAM.—The Secretary shall only make 

16 a grant available under subsection (c)(1)(G)(iii) 

17 on a 3-year basis. 

18 (f) ADMINISTRATION.— 

19 (1) IN GENERAL.—The Secretary shall carry out 

20 this section through the Bureau of Indian Education. 

21 (2) EXPERT PANEL.— 

22 (A) IN GENERAL.—Not later than 180 days 

23 after date of enactment of this section, the Sec24 retary shall appoint a panel of experts for the 

25 purpose of assisting the Secretary to review— 

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1 (i) applications submitted under sub2 section (d); 

3 (ii) evaluations carried out to comply 

4 with subsection (d)(2)(C); and 

5 (iii) the preservation of products re6 quired by subsection (d)(2)(F). 

7 (B) COMPOSITION.— 

8 (i) IN GENERAL.—The panel shall in9 clude— 

10 (I) a designee of the Institute of 

11 American Indian and Alaska Native 

12 Culture and Arts Development; 

13 (II) representatives of national, 

14 tribal, and regional organizations that 

15 focus on Native American language or 

16 Native American cultural research, de17 velopment, or training; and 

18 (III) other individuals who are 

19 recognized as experts in the area of Na20 tive American language. 

21 (ii) RECOMMENDATIONS.—Rec22 ommendations for appointments to the 

23 panel shall be solicited from Indian tribes 

24 and tribal organizations. 

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1 (C) DUTIES.—The duties of the panel shall 

2 include— 

3 (i) making recommendations regarding 

4 the development and implementation of reg5 ulations, policies, procedures, and rules of 

6 general applicability with respect to the ad7 ministration of this section; 

8 (ii) reviewing applications received 

9 under subsection (d); 

10 (iii) providing to the Secretary a list 

11 of recommendations for the approval of ap12 plications in accordance with— 

13 (I) regulations issued by the Sec14 retary; and 

15 (II) the relative need for the 

16 project; and 

17 (iv) reviewing evaluations submitted to 

18 comply with subsection (d)(2)(C). 

19 (3) PRODUCTS GENERATED BY PROJECTS.— 

20 (A) IN GENERAL.—Subject to subparagraph 

21 (B), for preservation and use in accordance with 

22 the responsibilities of the respective organization 

23 under Federal law, a copy of any product of a 

24 Native American language project for which a 

25 grant is made under this section— 

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1 (i) shall be transmitted to the Institute 

2 of American Indian and Alaska Native Cul3 ture and Arts Development; and 

4 (ii) may be transmitted, at the discre5 tion of the grantee, to national and regional 

6 repositories of similar material. 

7 (B) EXEMPTION.— 

8 (i) IN GENERAL.—In accordance with 

9 the Federal recognition of the sovereign au10 thority of each Indian tribe over all aspects 

11 of the culture and language of that Indian 

12 tribe and subject to clause (ii), an Indian 

13 tribe may make a determination— 

14 (I) not to transmit a copy of a 

15 product under subparagraph (A); 

16 (II) not to permit the redistribu17 tion of a copy of a product transmitted 

18 under subparagraph (A); or 

19 (III) to restrict in any manner 

20 the use or redistribution of a copy of a 

21 product transmitted under subpara22 graph (A). 

23 (ii) RESTRICTIONS.—Clause (i) does 

24 not authorize an Indian tribe— 

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1 (I) to limit the access of the Sec2 retary to a product described in sub3 paragraph (A) for purposes of admin4 istering this section or evaluating the 

5 product; or 

6 (II) to sell a product described in 

7 subparagraph (A), or a copy of that 

8 product, for profit to the entities re9 ferred to in subparagraph (A). 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

11 authorized to be appropriated to carry out this section such 

12 sums as are necessary for each of fiscal years 2013 through 

13 2018. 

14 (h) REPEAL; CONFORMING AMENDMENTS.— 

15 (1) REPEAL.—Section 803C of the Native Amer16 ican Programs Act of 1974 (42 U.S.C. 2991b–3) is re17 pealed. 

18 (2) CONFORMING AMENDMENTS.—Section 816 of 

19 the Native American Programs Act of 1974 (42 

20 U.S.C. 2992d) is amended— 

21 (A) in subsection (a), by striking ‘‘sections 

22 803(d), 803A, 803C, 804, subsection (e) of this 

23 section’’ and inserting ‘‘sections 803(d), 803A, 

24 and 804, subsection (d)’’; 

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1 (B) in subsection (b), by striking ‘‘other 

2 than sections 803(d), 803A, 803C, 804, sub3 section (e) of this section’’ and inserting ‘‘sec4 tions 803(d), 803A, and 804, subsection (d)’’; 

5 and 

6 (C) by striking subsection (e). 

7 SEC. 303. IN-SCHOOL FACILITY INNOVATION PROGRAM 

8 CONTEST. 

9 (a) IN GENERAL.—The Secretary of the Interior 

10 shall— 

11 (1) establish an in-school facility innovation pro12 gram contest in which institutions of higher edu13 cation, including a Tribal College or University (as 

14 defined in section 316 of the Higher Education Act 

15 of 1965 (20 U.S.C. 1059c)), are encouraged to con16 sider solving the problem of how to improve school fa17 cilities for tribal schools and schools served by the Bu18 reau of Indian Education for problem-based learning 

19 in their coursework and through extracurricular op20 portunities; and 

21 (2) establish an advisory group for the contest 

22 described in paragraph (1) that shall include students 

23 enrolled at a Tribal College or University, a rep24 resentative from the Bureau of Indian Education, 

25 and engineering and fiscal advisors. 

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1 (b) SUBMISSION OF FINALISTS TO THE INDIAN AF2 FAIRS COMMITTEE.—The Secretary of the Interior shall 

3 submit the finalists to the Committee on Indian Affairs of 

4 the Senate. 

5 (c) WINNERS.—The Secretary of the Interior shall— 

6 (1) determine the winners of the program contest 

7 conducted under this section; and 

8 (2) award the winners appropriate recognition 

9 and reward. 

10 SEC. 304. RETROCESSION OR REASSUMPTION OF CERTAIN 

11 SCHOOL FUNDS. 

12 Notwithstanding any other provision of law, beginning 

13 July 1, 2008, any funds (including investments and interest 

14 earned, except for construction funds) held by a Public Law 

15 100–297 grant or a Public Law 93–638 contract school 

16 shall, upon retrocession to or reassumption by the Bureau 

17 of Indian Education, remain available to the Bureau for 

18 a period of 5 years from the date of retrocession or re19 assumption for the benefit of the programs approved for the 

20 school on October 1, 1995. 

21 SEC. 305. DEPARTMENT OF THE INTERIOR AND DEPART22 MENT OF EDUCATION JOINT OVERSIGHT 

23 BOARD. 

24 (a) IN GENERAL.—The Secretary of Education and the 

25 Secretary of the Interior shall jointly establish a Departmstockstill on DSK4VPTVN1PROD with 

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1 ment of the Interior and Department of Education Joint 

2 Oversight Board, that shall— 

3 (1) be co-chaired by both Departments; and 

4 (2) coordinate technical assistance, resource dis5 tribution, and capacity building between the 2 de6 partments on the education of and for Native Amer7 ican students. 

8 (b) INFORMATION TO BE SHARED.—The Joint Over9 sight Board shall facilitate the communication, collabora10 tion, and coordination between the 2 departments of edu11 cation policies, access to and eligibility for Federal re12 sources, and budget and school leadership development, and 

13 other issues, as appropriate. 

14 SEC. 306. TRIBAL SELF-GOVERNANCE FEASIBILITY STUDY. 

15 (a) STUDY.—The Secretary of Education shall conduct 

16 a study to determine the feasibility of entering into self17 governance compacts and contracts with Indian tribal gov18 ernments who wish to operate public schools that reside 

19 within their lands. 

20 (b) CONSIDERATIONS.—In conducting the study de21 scribed in subsection (a), the Secretary of Education shall 

22 consider the feasibility of— 

23 (1) assigning and paying to an Indian tribe all 

24 expenditures for the provision of services and related 

25 administration funds that the Secretary would othermstockstill on DSK4VPTVN1PROD with 

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1 wise pay to a State educational agency and a local 

2 educational agency for 1 or more public schools lo3 cated on the Indian lands of such Indian tribe; 

4 (2) providing assistance to Indian tribes in de5 veloping capacity to administer all programs and 

6 services that are currently under the jurisdiction of 

7 the State educational agency or local educational 

8 agency; and 

9 (3) authorizing the Secretary to treat an Indian 

10 tribe as a State for the purposes of carrying out pro11 grams and services funded by the Secretary that are 

12 currently under the jurisdiction of the State. 

13 (c) REPORT.—Not later than 2 years after the date of 

14 enactment of this Act, the Secretary of Education shall sub15 mit to the Committee on Indian Affairs and the Committee 

16 on Health, Education, Labor, and Pensions of the Senate 

17 and the Committee on Education and the Workforce of the 

18 House of Representatives a report that includes— 

19 (1) the results of the study conducted under sub20 section (a); 

21 (2) a summary of any consultation that occurred 

22 between the Secretary and Indian tribes in con23 ducting this study; 

24 (3) projected costs and savings associated with 

25 the Department of Education entering into self-govmstockstill on DSK4VPTVN1PROD with 

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1 ernance contracts and compacts with Indian tribes, 

2 and any estimated impact on programs and services 

3 described in paragraphs (2) and (3) of subsection (b) 

4 in relation to probable costs and savings; and 

5 (4) legislative actions that would be required to 

6 authorize the Secretary to enter into self-governance 

7 compacts and contracts with Indian tribes to provide 

8 such programs and services. 

9 (d) DEFINITIONS.—In this section: 

10 (1) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 means any Indian tribe, band, nation, other orga12 nized group or community, including any Native vil13 lage or Regional Corporation or Village Corporation 

14 as defined in or established pursuant to the Alaska 

15 Native Claims Settlement Act, that is recognized as 

16 eligible for the special programs and services provided 

17 by the United States to Indians because of their sta18 tus as Indians. 

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

20 has the meaning given that term in section 8013 of 

21 the Elementary and Secondary Education Act of 

22 1965 (20 U.S.C. 7713). 

23 SEC. 307. ESTABLISHMENT OF CENTER FOR INDIGENOUS 

24 EXCELLENCE. 

25 (a) DEFINITIONS.—In this section: 

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1 (1) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘‘institution of higher education’’ shall have the 

3 meaning given such term in section 101 of the Higher 

4 Education Act of 1965 (20 U.S.C. 1001). 

5 (2) NATIVE AMERICAN AND NATIVE AMERICAN

6 LANGUAGE.—The terms ‘‘Native American’’ and ‘‘Na7 tive American language’’ shall have the meanings 

8 given such terms in section 103 of the Native Amer9 ican Languages Act (25 U.S.C. 2902). 

10 (3) NATIVE AMERICAN LANGUAGE NEST; NATIVE

11 AMERICAN SURVIVAL SCHOOL.—The terms ‘‘Native 

12 American language nest’’ and ‘‘Native American lan13 guage survival school’’ shall have the meanings given 

14 such terms in section 803C(b)(7) of the Native Amer15 ican Programs Act of 1974 (42 U.S.C. 2991b–3). 

16 (4) NATIVE HAWAIIAN OR NATIVE AMERICAN PA17 CIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL OR18 GANIZATION.—The term ‘‘Native Hawaiian or Native 

19 American Pacific Islander native language edu20 cational organization’’ shall have the meaning given 

21 such term in section 3301 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 7011). 

23 (5) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Education. 

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1 (6) STEM.—The term ‘‘STEM’’ means a science, 

2 technology, engineering, and mathematics program. 

3 (7) TRIBALLY SANCTIONED EDUCATIONAL AU4 THORITY.—The term ‘‘tribally sanctioned educational 

5 authority’’ shall have the meaning given such term in 

6 section 3301 of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 7011). 

8 (b) IN GENERAL.—There shall be established a Center 

9 for Indigenous Excellence to— 

10 (1) support Native American governments, com11 munities, schools, and programs in the development 

12 and demonstration of Native American language and 

13 culture-based education from the preschool to grad14 uate education levels as appropriate for their distinc15 tive populations, circumstances, visions, and holistic 

16 approaches for the benefit of the entire community; 

17 (2) provide direction to Federal, State, and local 

18 government entities relative to Native American lan19 guage and culture-based education; 

20 (3) demonstrate nationally and internationally 

21 recognized educational best practices through inte22 grated programming in Native American language 

23 and culture-based education from the preschool to 

24 graduate education levels that benefit the entire spemstockstill on DSK4VPTVN1PROD with 

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1 cific indigenous group regardless of its geographic 

2 dispersal, including— 

3 (A) teacher certification; 

4 (B) curriculum and materials development; 

5 (C) distance education support; 

6 (D) research; and 

7 (E) holistic approaches; 

8 (4) serve as an alternative pathway of choice for 

9 meeting federally mandated academic assessments, 

10 teacher qualifications, and curriculum design for Na11 tive American language nests and Native American 

12 language survival schools; 

13 (5) serve as a coordinating entity and depository 

14 for federally funded research into Native American 

15 language and culture-based education including 

16 STEM applications that will address workforce needs 

17 of Native American communities; 

18 (6) provide direction in the development of such 

19 schools by giving priority support to programming 

20 that follows best practices in Native American lan21 guage nests and Native American language survival 

22 schools; 

23 (7) provide support in programming through the 

24 recognition and funding of demonstration sites to host 

25 those seeking to replicate best practices; and 

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1 (8) provide financial support for distinct needs 

2 of successful Native American language nests and Na3 tive American language survival schools. 

4 (c) ELIGIBLE ENTITIES.—For the purpose of deter5 mining the site of the Center for Indigenous Excellence, the 

6 Secretary shall consider the following to be an eligible enti7 ty: 

8 (1) A tribally sanctioned educational authority. 

9 (2) A Native American language college. 

10 (3) A Native Hawaiian or Native American Pa11 cific Islander native language and culture-based edu12 cational organization. 

13 (4) An institution of higher education with a 

14 commitment to serve Native American communities. 

15 (5) A local educational agency with a commit16 ment to serve Native American communities. 

17 (d) CRITERIA FOR SELECTION.—The Secretary shall 

18 determine the site of the Center for Indigenous Excellence 

19 based on— 

20 (1) a record of excellence, on a national and 

21 international level, with regard to Native American 

22 language and culture-based education; 

23 (2) a high representation of Native Americans 

24 among its personnel; 

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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 United 

11 States with expertise appropriate to the mission of the 

12 Center and include such entities in its work. 

13 (2) ASSISTANCE TO PARTNERS.—The Center 

14 shall provide assistance to partners, to the extent 

15 practicable, in curriculum development, technology 

16 development, teacher and staff training, research, and 

17 sustaining Native American language nests, Native 

18 American survival schools, and Native American lan19 guage schools. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated to carry out this section 

22 $2,000,000 for fiscal year 2012 and such sums as may be 

23 necessary for each of the fiscal years 2013 through 2018. 

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Calendar No. 574 

112TH CONGRESS 

2D SESSION S. 1262 

[Report No. 112–262] 

A BILL 

To improve Indian education, and for other 

purposes. 

DECEMBER 21, 2012 

Reported with an amendment 

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