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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1262 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Native 
Culture, Language, and Access for Success in Schools Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
    <DELETED>TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

    <DELETED>Subtitle A--Improving the Academic Achievement of the 
                             Disadvantaged

<DELETED>Sec. 111. Improving the education of students.
<DELETED>Sec. 112. Standards-based assessments.
<DELETED>Sec. 113. Native language teaching.
<DELETED>Sec. 114. Prevention and intervention programs for children 
                            and youth who are neglected, delinquent, or 
                            at-risk.
 <DELETED>Subtitle B--Preparing, Training, and Recruiting High-quality 
                        Teachers and Principals

<DELETED>Sec. 121. Preparing, training, and recruiting high-quality 
                            teachers and principals.
        <DELETED>Subtitle C--Native American Languages Programs

<DELETED>Sec. 131. Improvement of academic success of Indian students 
                            through Native American languages programs.
<DELETED>Sec. 132. State and tribal education agency agreements.
               <DELETED>Subtitle D--21st Century Schools

<DELETED>Sec. 141. Safe and healthy schools for Native American 
                            students.
    <DELETED>Subtitle E--Indian, Native Hawaiian, and Alaska Native 
                               Education

<DELETED>Sec. 151. Purpose.
<DELETED>Sec. 152. Purpose of formula grants.
<DELETED>Sec. 153. Grants to local educational agencies and tribes.
<DELETED>Sec. 154. Amount of grants.
<DELETED>Sec. 155. Applications.
<DELETED>Sec. 156. Authorized services and activities.
<DELETED>Sec. 157. Student eligibility forms.
<DELETED>Sec. 158. Technical assistance.
<DELETED>Sec. 159. Amendments relating to tribal colleges and 
                            universities.
<DELETED>Sec. 160. Tribal educational agency cooperative agreements.
<DELETED>Sec. 161. Tribal education agencies pilot project.
<DELETED>Sec. 162. Improve support for teachers and administrators of 
                            Native American students.
<DELETED>Sec. 163. National board certification incentive demonstration 
                            program.
<DELETED>Sec. 164. Tribal language immersion schools.
<DELETED>Sec. 165. Coordination of Indian student information.
<DELETED>Sec. 166. Authorization of appropriations.
                    <DELETED>Subtitle F--Impact Aid

<DELETED>Sec. 171. Impact aid.
                <DELETED>Subtitle G--General Provisions

<DELETED>Sec. 181. Highly qualified definition.
<DELETED>Sec. 182. Applicability of ESEA to Bureau of Indian Education 
                            schools.
<DELETED>Sec. 183. Increased access to resources for tribal schools, 
                            schools served by the Bureau of Indian 
                            Education, and Native American students.
              <DELETED>TITLE II--AMENDMENTS TO OTHER LAWS

<DELETED>Sec. 201. Amendments to the American Recovery and Reinvestment 
                            Act of 2009 to provide funding for Indian 
                            programs.
<DELETED>Sec. 202. Qualified scholarships for education and cultural 
                            benefits.
<DELETED>Sec. 203. Tribal Education Policy Advisory Group.
<DELETED>Sec. 204. Division of budget analysis.
<DELETED>Sec. 205. Qualified school construction bond escrow account.
<DELETED>Sec. 206. Equity in Educational Land-Grant Status Act of 1994.
<DELETED>Sec. 207. Workforce Investment Act of 1998.
<DELETED>Sec. 208. Technical amendments to Tribally Controlled Schools 
                            Act of 1988.
          <DELETED>TITLE III--ADDITIONAL EDUCATION PROVISIONS

<DELETED>Sec. 301. Native American student support.
<DELETED>Sec. 302. Ensuring the survival and continuing vitality of 
                            Native American languages.
<DELETED>Sec. 303. In-school facility innovation program contest.
<DELETED>Sec. 304. Retrocession or reassumption of certain school 
                            funds.
<DELETED>Sec. 305. Department of the Interior and Department of 
                            Education Joint Oversight Board.
<DELETED>Sec. 306. Feasibility study to transfer the Bureau of Indian 
                            Education to the Department of Education.
<DELETED>Sec. 307. Tribal self-governance feasibility study.
<DELETED>Sec. 308. Establishment of Center for Indigenous Excellence.

      <DELETED>TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 
                             1965</DELETED>

    <DELETED>Subtitle A--Improving the Academic Achievement of the 
                        Disadvantaged</DELETED>

<DELETED>SEC. 111. IMPROVING THE EDUCATION OF STUDENTS.</DELETED>

<DELETED>    Part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 1111--</DELETED>
                <DELETED>    (A) in subsection (a), by inserting 
                ``representatives of Indian tribes located in the 
                State,'' after ``other staff,'';</DELETED>
                <DELETED>    (B) in subsection (b)(8), by striking 
                ``1112(c)(1)(D)'' and inserting 
                ``1112(c)(1)(E)'';</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) in paragraph (13), by striking 
                        ``and'';</DELETED>
                        <DELETED>    (ii) in paragraph (14), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(15) the State educational agency has engaged in 
        timely and meaningful consultation with representatives of 
        Indian tribes located in the State in the development of the 
        State plan to serve local educational agencies under the 
        State's jurisdiction, in order to--</DELETED>
                <DELETED>    ``(A) improve the coordination of 
                activities under this Act;</DELETED>
                <DELETED>    ``(B) meet the purpose of this title; 
                and</DELETED>
                <DELETED>    ``(C) meet the unique cultural, language, 
                and educational needs of Indian students.''; 
                and</DELETED>
                <DELETED>    (D) in subsection (m), by adding at the 
                end the following:</DELETED>
        <DELETED>    ``(4) If such school has been approved, in 
        accordance with section 1116(g), for use of an alternative 
        definition of adequate yearly progress, the school may adopt an 
        appropriate assessment that--</DELETED>
                <DELETED>    ``(A) is developed in consultation with, 
                and with the approval of, the Secretary of the 
                Interior; and</DELETED>
                <DELETED>    ``(B) is consistent with the requirements 
                of this section.'';</DELETED>
        <DELETED>    (2) in section 1112--</DELETED>
                <DELETED>    (A) in subsection (b)(1)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraphs 
                        (F) through (Q) as subparagraphs (G) through 
                        (R), respectively; and</DELETED>
                        <DELETED>    (ii) by inserting after 
                        subparagraph (E), the following:</DELETED>
                <DELETED>    ``(F) a description of the procedure that 
                the local educational agency will use to engage in 
                timely, ongoing, and meaningful consultation with 
                representatives of Indian tribes located in the area 
                served by the local education agency in the development 
                of the local plan, in order to--</DELETED>
                        <DELETED>    ``(i) improve the coordination of 
                        activities under this Act;</DELETED>
                        <DELETED>    ``(ii) meet the purpose of this 
                        title; and</DELETED>
                        <DELETED>    ``(iii) meet the unique cultural, 
                        language, and educational needs of Indian 
                        students;'';</DELETED>
                <DELETED>    (B) in subsection (c)(1)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraphs 
                        (D) through (O) as subparagraphs (E) through 
                        (P), respectively; and</DELETED>
                        <DELETED>    (ii) by inserting after 
                        subparagraph (C), the following:</DELETED>
                <DELETED>    ``(D) engage in timely and meaningful 
                consultation with representatives of Indian tribes 
                located in the area served by the local education 
                agency;''; and</DELETED>
                <DELETED>    (C) in subsection (d)(1), by striking 
                ``and other appropriate school personnel,'' and 
                inserting ``other appropriate school personnel, 
                representatives of Indian tribes located in the area 
                served by the local educational agency,'';</DELETED>
        <DELETED>    (3) in section 1115(b)(2)(A), by inserting ``, 
        Indian children,'' after ``migrant children'';</DELETED>
        <DELETED>    (4) in section 1116--</DELETED>
                <DELETED>    (A) in subsection (b)(3)(A)--</DELETED>
                        <DELETED>    (i) in the matter preceding clause 
                        (i), by inserting ``representatives of Indian 
                        tribes located in the area served by the 
                        school,'' after ``school staff,'';</DELETED>
                        <DELETED>    (ii) in clause (ix), by striking 
                        ``and'' after the semicolon;</DELETED>
                        <DELETED>    (iii) in clause (x), by striking 
                        the period at the end; and</DELETED>
                        <DELETED>    (iv) by adding at the end the 
                        following:</DELETED>
                        <DELETED>    ``(xi) provide an assurance that, 
                        if the school receives funds described in title 
                        VII, the school will continue to direct such 
                        funds to the activities described in title 
                        VII.'';</DELETED>
                <DELETED>    (B) in subsection (c)(7)(A)--</DELETED>
                        <DELETED>    (i) in the matter preceding clause 
                        (i), by inserting ``representatives of Indian 
                        tribes located in the area served by the local 
                        education agency,'' after ``school 
                        staff,'';</DELETED>
                        <DELETED>    (ii) in clause (vii), by striking 
                        ``and'' after the semicolon;</DELETED>
                        <DELETED>    (iii) in clause (viii), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (iv) by adding at the end the 
                        following:</DELETED>
                        <DELETED>    ``(ix) incorporate, as 
                        appropriate, activities that meet the unique 
                        cultural, language, and educational needs of 
                        Indian students eligible to be served under 
                        title VII of this Act.'';</DELETED>
                <DELETED>    (C) in subsection (g)(1)--</DELETED>
                        <DELETED>    (i) in subparagraph (B)--
                        </DELETED>
                                <DELETED>    (I) by striking ``The 
                                tribal governing body or'' and 
                                inserting ``An Indian 
                                tribe,'';</DELETED>
                                <DELETED>    (II) by inserting ``, or 
                                consortium of such entities'' after 
                                ``Bureau of Indian Affairs'';</DELETED>
                                <DELETED>    (III) by striking ``body 
                                or school board'' and inserting 
                                ``Indian tribe, school board, or 
                                consortium of such entities''; 
                                and</DELETED>
                                <DELETED>    (IV) by inserting ``of the 
                                Interior'' after ``such alternative 
                                definition unless the 
                                Secretary'';</DELETED>
                        <DELETED>    (ii) in subparagraph (C), by 
                        striking ``a tribal governing body or school 
                        board of a school funded by the Bureau of 
                        Indian Affairs'' and inserting ``an Indian 
                        tribe, school board of a school funded by the 
                        Bureau of Indian Affairs, or consortium of such 
                        entities''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(D) Deemed approval.--A proposed 
                alternative definition of adequate yearly progress 
                submitted pursuant to subparagraph (B) shall be deemed 
                to be approved by the Secretary of the Interior unless 
                the Secretary of the Interior issues the notification 
                set forth in subparagraph (E) prior to the expiration 
                of the 30-day period beginning on the date on which the 
                Secretary of the Interior received the proposed 
                alternative definition of adequate yearly 
                progress.</DELETED>
                <DELETED>    ``(E) Notification.--If the Secretary of 
                the Interior finds that the application is not in 
                compliance, in whole or in part, with this subpart, the 
                Secretary of the Interior shall--</DELETED>
                        <DELETED>    ``(i) notify the entity or 
                        entities described in subparagraph (B) of the 
                        finding of noncompliance and, in such 
                        notification, shall--</DELETED>
                                <DELETED>    ``(I) cite the specific 
                                provisions in the application that are 
                                not in compliance;</DELETED>
                                <DELETED>    ``(II) provide an 
                                explanation of the basis of the non-
                                compliance;</DELETED>
                                <DELETED>    ``(III) request additional 
                                information only as to the noncompliant 
                                provisions needed to make the proposal 
                                compliant;</DELETED>
                                <DELETED>    ``(IV) provide a 
                                description of the steps that the 
                                entity or entities need to take to make 
                                the application compliant; 
                                and</DELETED>
                                <DELETED>    ``(V) provide assistance 
                                to overcome the finding of 
                                noncompliance; and</DELETED>
                        <DELETED>    ``(ii) provide the entity or 
                        entities described in subparagraph (B) with the 
                        opportunity for a hearing, which shall be 
                        completed not more than 60 days after such 
                        entity or entities receive the notice of 
                        opportunity for a hearing, or at such later 
                        date as agreed to by the submitting entity or 
                        entities.</DELETED>
                <DELETED>    ``(F) Response.--If the entity or entities 
                described in subparagraph (B) resubmit the application 
                in an effort to overcome the finding of noncompliance 
                not more than 30 days after the date the notification 
                was received, the Secretary of the Interior shall 
                approve or disapprove the resubmitted application not 
                more than 30 days after the resubmitted application is 
                received, or not more than 30 days after the conclusion 
                of a hearing, whichever is later. If the Secretary of 
                the Interior fails to approve or disapprove the 
                resubmitted application within such time period, the 
                resubmitted application shall be deemed 
                approved.</DELETED>
                <DELETED>    ``(G) Resubmission response.--If the 
                Secretary of the Interior finds the resubmitted 
                application described in subparagraph (F) to be in 
                noncompliance, the Secretary of the Interior shall 
                issue a final determination that--</DELETED>
                        <DELETED>    ``(i) cites the specific 
                        provisions in the application that are not in 
                        compliance;</DELETED>
                        <DELETED>    ``(ii) provides a detailed 
                        explanation of the basis for the finding of 
                        noncompliance for each provision found to be 
                        noncompliant; and</DELETED>
                        <DELETED>    ``(iii) offers assistance to 
                        overcome the finding of 
                        noncompliance.</DELETED>
                <DELETED>    ``(H) Failure to respond.--If the entity 
                or entities described in subparagraph (B) do not 
                respond to the notification of the Secretary of the 
                Interior described in subparagraph (E) within a 30-day 
                period after receipt of such notification, the 
                application shall be deemed to be 
                disapproved.'';</DELETED>
        <DELETED>    (5) by inserting after section 1116 the 
        following:</DELETED>

<DELETED>``SEC. 1116A. INDIAN SCHOOL TURN AROUND PROGRAM.</DELETED>

<DELETED>    ``(a) Purpose.--The purpose of this section is to 
significantly improve outcomes for Indian students in persistently low-
performing schools by--</DELETED>
        <DELETED>    ``(1) enabling Indian tribes or tribal education 
        agencies to turn around low-performing schools operated by a 
        local educational agency on Indian lands;</DELETED>
        <DELETED>    ``(2) building the capacity of tribes and tribal 
        education agencies to improve student academic achievement in 
        low-performing and persistently low-performing schools; 
        and</DELETED>
        <DELETED>    ``(3) supporting tribes and tribal education 
        agencies in implementing school intervention models.</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Indian lands.--The term `Indian lands' has 
        the meaning given the term in section 8013.</DELETED>
        <DELETED>    ``(2) Indian school.--The term `Indian school' 
        means any school located on Indian lands.</DELETED>
        <DELETED>    ``(3) Indian tribe.--The term `Indian tribe' means 
        any Indian tribe, band, nation, or other organized group or 
        community (including any Native village, Regional Corporation, 
        or Village Corporation as defined in, or established pursuant 
        to, the Alaska Native Claims Settlement Act), that is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.</DELETED>
        <DELETED>    ``(4) Tribal education agency.--The term `tribal 
        education agency' means the authorized governmental agency of a 
        federally recognized American Indian or Alaska Native tribe (as 
        defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b)) that is primarily 
        responsible for regulating, administering, or supervising the 
        formal education of tribal members. A tribal education agency 
        includes tribal education departments, tribal divisions of 
        education, tribally sanctioned education authorities, tribal 
        education administrative planning and development agencies, and 
        tribal administrative education entities.</DELETED>
<DELETED>    ``(c) Identification of Low-Performing Indian Schools.--
</DELETED>
        <DELETED>    ``(1) In general.--Each State that receives funds 
        under this part shall annually identify any Indian school 
        operated by a local educational agency that--</DELETED>
                <DELETED>    ``(A) is a school identified under section 
                1116(b); and</DELETED>
                <DELETED>    ``(B)(i) in the case of an Indian school 
                that is an elementary school, is in the lowest 5 
                percent of the State's public elementary 
                schools;</DELETED>
                <DELETED>    ``(ii) in the case of an Indian school 
                that is a secondary school that does not award a high 
                school diploma, is in the lowest 5 percent of the 
                State's public secondary schools that do not award a 
                high school diploma; or</DELETED>
                <DELETED>    ``(iii) in the case of an Indian school 
                that is a secondary school that does award a high 
                school diploma--</DELETED>
                        <DELETED>    ``(I) is in the bottom 5 percent 
                        of the State's public secondary schools that 
                        award a high school diploma; or</DELETED>
                        <DELETED>    ``(II) has a graduation rate below 
                        60 percent.</DELETED>
        <DELETED>    ``(2) Report.--If a school is identified by a 
        State under paragraph (1), the State shall notify the tribe on 
        whose Indian lands any such school is located that the school 
        has been identified as a low-performing school.</DELETED>
<DELETED>    ``(d) Grants Authorized.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall award 
        grants, on a competitive basis, to Indian tribes or tribal 
        education agencies to enable such tribes or agencies to carry 
        out the activities described in subsection (g).</DELETED>
        <DELETED>    ``(2) Duration.--</DELETED>
                <DELETED>    ``(A) In general.--A grant awarded under 
                this section shall be for a period of 4 
                years.</DELETED>
                <DELETED>    ``(B) Renewal.--The Secretary may renew a 
                grant under this section for an additional 4-year 
                period if the Indian tribe or tribal education agency 
                demonstrates sufficient progress, as defined by the 
                State, on the core academic indicators and leading 
                indicators described in subsection (h)(1)(B).</DELETED>
<DELETED>    ``(e) Application.--</DELETED>
        <DELETED>    ``(1) In general.--Each Indian tribe or tribal 
        education agency that desires to receive a grant under this 
        section shall submit an application to the Secretary at such 
        time, in such manner, and containing such information as the 
        Secretary may reasonably require. At a minimum, each 
        application shall include--</DELETED>
                <DELETED>    ``(A) an analysis of the school described 
                under subsection (c)(1) that the Indian tribe or tribal 
                education agency proposes to serve, and an appropriate 
                intervention model for such school;</DELETED>
                <DELETED>    ``(B) a budget, which shall demonstrate 
                sufficient funds to implement fully and effectively the 
                selected intervention model; and</DELETED>
                <DELETED>    ``(C) a description of how the Indian 
                tribe or tribal education agency will--</DELETED>
                        <DELETED>    ``(i) help develop a pipeline of 
                        teachers and leaders for the school;</DELETED>
                        <DELETED>    ``(ii) collect and report 
                        data;</DELETED>
                        <DELETED>    ``(iii) support effective extended 
                        learning time strategies; and</DELETED>
                        <DELETED>    ``(iv) build capacity in the tribe 
                        or tribal education agency for assisting 
                        schools described under subsection 
                        (c)(1).</DELETED>
        <DELETED>    ``(2) Additional application requirements if 
        subgrants are awarded.--If an Indian tribe or tribal education 
        agency proposes to issue subgrants, as described under 
        subsection (g)(3), such tribe or agency shall include in the 
        application, in addition to the requirements described under 
        paragraph (1), the following:</DELETED>
                <DELETED>    ``(A) A copy of the application form and 
                instructions that the Indian tribe or tribal education 
                agency will provide to potential recipients of 
                subgrants.</DELETED>
                <DELETED>    ``(B) A description of how the Indian 
                tribe or tribal education agency will set priorities 
                for awarding subgrants.</DELETED>
                <DELETED>    ``(C) A description of how the Indian 
                tribe or tribal education agency will monitor each 
                entity that is awarded a subgrant.</DELETED>
<DELETED>    ``(f) State Educational Agency and Local Education Agency 
Responsibilities.--</DELETED>
        <DELETED>    ``(1) In general.--If an Indian tribe or tribal 
        education agency receives a grant under this section for an 
        Indian school that has been identified under subsection (c)(1), 
        the Secretary shall notify the State in which the school is 
        located, and the State educational agency and the local 
        educational agency that serve such school shall--</DELETED>
                <DELETED>    ``(A) maintain funding for the school at 
                not less than the amount supplied in the academic year 
                immediately preceding the academic year for which the 
                grant under this section applies;</DELETED>
                <DELETED>    ``(B) at the request of the Indian tribe 
                or tribal education agency, enter into a cooperative 
                agreement to authorize the Indian tribe or tribal 
                education agency to plan, conduct, consolidate, and 
                administer programs, services, functions, and 
                activities, or portions thereof, administered by the 
                State educational agency or the local educational 
                agency on behalf of the school; and</DELETED>
                <DELETED>    ``(C) authorize the Indian tribe or tribal 
                education agency to reallocate funds for such programs, 
                services, functions, and activities, or portions 
                thereof, as necessary.</DELETED>
        <DELETED>    ``(2) Maintenance of effort requirement.--If the 
        maintenance of effort requirement described in paragraph (1)(A) 
        is not met, the Secretary may withhold funding under title I 
        from the State until such requirement is met.</DELETED>
        <DELETED>    ``(3) Disagreement.--If an Indian tribe or tribal 
        education agency and the State educational agency or local 
        educational agency cannot reach an agreement, the tribe or 
        tribal education agency may submit to the Secretary information 
        that such tribe or agency deems relevant, and the Secretary may 
        make a determination on the disputed issue.</DELETED>
<DELETED>    ``(g) Use of Funds.--</DELETED>
        <DELETED>    ``(1) School intervention model.--</DELETED>
                <DELETED>    ``(A) In general.--An Indian tribe or 
                tribal education agency that receives a grant under 
                this section shall use not less than 90 percent of the 
                grant funds to implement a school intervention model 
                described in subsection (i), either directly or through 
                a turn around partner that is awarded a subgrant, in a 
                school identified under subsection (c)(1).</DELETED>
                <DELETED>    ``(B) Use of funds for comprehensive 
                services.--The Indian tribe or tribal education agency, 
                in implementing any of the school intervention models 
                described in subsection (i) in any school served under 
                the grant--</DELETED>
                        <DELETED>    ``(i) shall identify and address 
                        issues that may contribute to low academic 
                        achievement in the schools identified under 
                        subsection (c)(1); and</DELETED>
                        <DELETED>    ``(ii) may use funds under this 
                        section to provide comprehensive services to 
                        address the issues described in subparagraph 
                        (A) and meet the full range of student 
                        needs.</DELETED>
        <DELETED>    ``(2) Subgrants.--An Indian tribe or tribal 
        education agency that receives a grant under this section may 
        award subgrants.</DELETED>
        <DELETED>    ``(3) Tribe or tribal education agency 
        activities.--If an Indian tribe or tribal education agency that 
        receives a grant under this section does not use all of the 
        grant funds to carry out the activities described in paragraphs 
        (1) through (3) in each school to be served under the grant, 
        such tribe or tribal education agency shall use any remaining 
        funds to--</DELETED>
                <DELETED>    ``(A) provide technical assistance and 
                other support, either directly or through the creation 
                of a school turn around office or a turn around 
                partner, to schools identified under subsection (c)(1), 
                which may include--</DELETED>
                        <DELETED>    ``(i) the use of school quality 
                        review teams; or</DELETED>
                        <DELETED>    ``(ii) regular site visits to 
                        monitor the implementation of selected 
                        intervention models;</DELETED>
                <DELETED>    ``(B) evaluate Indian tribe or tribal 
                education agency implementation of school intervention 
                models and other improvement activities;</DELETED>
                <DELETED>    ``(C) use the results of the evaluations 
                described in subparagraph (B) to improve Indian tribe 
                or tribal education agency strategies for supporting, 
                and providing flexibility for, targeted schools that 
                are identified under subsection (c)(1);</DELETED>
                <DELETED>    ``(D) develop pipelines of teachers and 
                leaders that are trained to work in schools that are 
                low-performing schools, such as the schools identified 
                in subsection (c)(1);</DELETED>
                <DELETED>    ``(E) collect and report data;</DELETED>
                <DELETED>    ``(F) build capacity in the Indian tribe 
                or tribal education agency for assisting schools 
                identified under subsection (c)(1); or</DELETED>
                <DELETED>    ``(G) carry out other activities designed 
                to build Indian tribe or tribal education agency 
                capacity to support school improvement.</DELETED>
<DELETED>    ``(h) Data Collection and Reporting.--</DELETED>
        <DELETED>    ``(1) In general.--Each Indian tribe or tribal 
        education agency receiving a grant under this section shall--
        </DELETED>
                <DELETED>    ``(A) comply with the reporting and 
                accountability requirements of this part for each 
                school that such Indian tribe or tribal education 
                agency serves; and</DELETED>
                <DELETED>    ``(B) monitor and collect data about the 
                students that such Indian tribe or tribal education 
                agency serves at each school that is served by the 
                grant program, including the following data:</DELETED>
                        <DELETED>    ``(i) Core academic indicators, 
                        such as--</DELETED>
                                <DELETED>    ``(I) the percentage of 
                                students at each school who are at or 
                                above the proficient level on State 
                                academic assessments in reading or 
                                language arts and 
                                mathematics;</DELETED>
                                <DELETED>    ``(II) student progress 
                                toward core academic 
                                benchmarks;</DELETED>
                                <DELETED>    ``(III) the average score 
                                for students in each school on State 
                                academic assessments in reading or 
                                language arts and 
                                mathematics;</DELETED>
                                <DELETED>    ``(IV) secondary school 
                                graduation rates; and</DELETED>
                                <DELETED>    ``(V) rates of student 
                                enrollment in an institution of higher 
                                education.</DELETED>
                        <DELETED>    ``(ii) Leading indicators, such 
                        as--</DELETED>
                                <DELETED>    ``(I) student attendance 
                                rates;</DELETED>
                                <DELETED>    ``(II) the number and 
                                percentage of students completing 
                                advanced coursework;</DELETED>
                                <DELETED>    ``(III) student 
                                participation in State assessments in 
                                reading or language arts and 
                                mathematics under section 
                                1111(b)(3);</DELETED>
                                <DELETED>    ``(IV) school dropout 
                                rates;</DELETED>
                                <DELETED>    ``(V) discipline incident 
                                rates;</DELETED>
                                <DELETED>    ``(VI) teacher attendance 
                                rates;</DELETED>
                                <DELETED>    ``(VII) the distribution 
                                of teachers by performance level, based 
                                on the teacher evaluation system 
                                established by the Indian tribe or 
                                tribal education agency; and</DELETED>
                                <DELETED>    ``(VIII) reduction in the 
                                percentage of students in the lowest 
                                level of achievement on State 
                                assessments in reading or language arts 
                                and mathematics under section 
                                1111.</DELETED>
        <DELETED>    ``(2) Report.--Each Indian tribe or tribal 
        education agency receiving a grant under this section shall 
        prepare and submit a report to the Secretary, which shall 
        include the data described in paragraph (1)(B).</DELETED>
<DELETED>    ``(i) School Intervention Models.--Each tribe or tribal 
education agency that receives a grant under this section may choose to 
implement 1 or more of the following school intervention 
models:</DELETED>
        <DELETED>    ``(1) Transformation model.--A transformation 
        model is a school intervention model in which the Indian tribe 
        or tribal education agency--</DELETED>
                <DELETED>    ``(A) replaces a principal (if such 
                principal has led the school for 2 or more years) with 
                a new principal who has demonstrated effectiveness in 
                turning around a low-performing school;</DELETED>
                <DELETED>    ``(B) uses rigorous, transparent, and 
                equitable evaluation systems to--</DELETED>
                        <DELETED>    ``(i) identify and reward school 
                        leaders, teachers, and other staff who, in 
                        implementing the model, increase student 
                        achievement and, if applicable, secondary 
                        school graduation rates; and</DELETED>
                        <DELETED>    ``(ii) identify and remove school 
                        leaders, teachers, and other staff who, after 
                        ample opportunities have been provided for such 
                        individuals to improve their professional 
                        practice--</DELETED>
                                <DELETED>    ``(I) do not increase 
                                student achievement;</DELETED>
                                <DELETED>    ``(II) if applicable, do 
                                not increase secondary school 
                                graduation rates; and</DELETED>
                                <DELETED>    ``(III) have not 
                                demonstrated effectiveness according to 
                                the tribe or tribal education agency's 
                                evaluation system;</DELETED>
                <DELETED>    ``(C) provides staff with ongoing, high-
                quality, job-embedded professional development that--
                </DELETED>
                        <DELETED>    ``(i) is aligned with the school's 
                        instruction program and evaluation 
                        system;</DELETED>
                        <DELETED>    ``(ii) facilitates effective 
                        teaching and learning; and</DELETED>
                        <DELETED>    ``(iii) supports the 
                        implementation of school-reform 
                        strategies;</DELETED>
                <DELETED>    ``(D) implements strategies (such as 
                financial incentives, increased opportunities for 
                promotion and career growth, and more flexible work 
                conditions) that are designed to recruit, place, and 
                retain staff who have the skills necessary to meet the 
                needs of students in the school;</DELETED>
                <DELETED>    ``(E) uses data to identify and implement 
                a research-based instruction program that--</DELETED>
                        <DELETED>    ``(i) is aligned with State or 
                        tribal challenging academic content standards 
                        and challenging student academic achievement 
                        standards under section 1111(b); and</DELETED>
                        <DELETED>    ``(ii) has been proven to raise 
                        student academic achievement by not less than 
                        10 percent in 1 year;</DELETED>
                <DELETED>    ``(F) establishes schedules and strategies 
                that provide increased learning time (which may include 
                offering full-day kindergarten or a high-quality 
                preschool program or using a longer school day, week, 
                or year that increases the total number of hours at 
                school for the school year by not fewer than 300 hours) 
                in order to significantly increase the total number of 
                school hours to include time for--</DELETED>
                        <DELETED>    ``(i) instruction core subjects, 
                        such as English, reading or language arts, 
                        mathematics, science, foreign language (which 
                        may include a Native American language), civics 
                        and government, economics, arts, history, and 
                        geography;</DELETED>
                        <DELETED>    ``(ii) instruction in traditional 
                        and cultural programs;</DELETED>
                        <DELETED>    ``(iii) instruction in other 
                        subjects; and</DELETED>
                        <DELETED>    ``(iv) enrichment activities, such 
                        as physical education, service learning, and 
                        experiential work-based 
                        opportunities;</DELETED>
                <DELETED>    ``(G) promotes the continuous use of 
                student data to provide instruction that meets the 
                academic needs of individual students, which may 
                include, in elementary school, individual students' 
                levels of school readiness;</DELETED>
                <DELETED>    ``(H) provides ongoing mechanisms for 
                family, community, and tribal involvement;</DELETED>
                <DELETED>    ``(I) ensures that the school receives 
                ongoing, intensive technical assistance and related 
                support from the tribe or tribal education agency; 
                and</DELETED>
                <DELETED>    ``(J) provides appropriate social-
                emotional and community-oriented support services for 
                students, and at the discretion of the tribe or tribal 
                education agency, uses not more than 10 percent of the 
                total grant funds for such services.</DELETED>
        <DELETED>    ``(2) Restart model.--A restart model is a school 
        intervention model in which the Indian tribe or tribal 
        education agency--</DELETED>
                <DELETED>    ``(A) converts a school--</DELETED>
                        <DELETED>    ``(i) under a charter or school 
                        operator and charter management 
                        organization;</DELETED>
                        <DELETED>    ``(ii) under an education 
                        management organization; or</DELETED>
                        <DELETED>    ``(iii) as an autonomous or 
                        redesigned school;</DELETED>
                <DELETED>    ``(B) implements a rigorous review process 
                to select such a charter or school operator and charter 
                management organization, or an education management 
                organization, as applicable, which includes an 
                assurance that such operator or organization will make 
                significant changes in the leadership and staffing of 
                the school; and</DELETED>
                <DELETED>    ``(C) enrolls in the school any former 
                student who wishes to attend the school and who is 
                within the grades the school services.</DELETED>
        <DELETED>    ``(3) Turnaround model.--A turnaround model is a 
        school intervention model in which the Indian tribe or tribal 
        education agency--</DELETED>
                <DELETED>    ``(A) replaces a principal (if such 
                principal has led the school for 2 or more years) with 
                a new principal who has demonstrated effectiveness in 
                turning around a low-performing school;</DELETED>
                <DELETED>    ``(B) gives a new principal sufficient 
                operational flexibility (including flexibility in 
                staffing, the school day and school calendar, and 
                budgeting) to fully implement a comprehensive approach 
                to improve student outcomes;</DELETED>
                <DELETED>    ``(C) uses a comprehensive evaluation 
                system to evaluate staff, including the use of student 
                achievement data to measure the effectiveness of 
                staff;</DELETED>
                <DELETED>    ``(D) screens all staff who are employed 
                at the school as of the time when the turnaround model 
                is implemented and retains not more than 50 percent of 
                such staff;</DELETED>
                <DELETED>    ``(E) requires the principal to justify 
                personnel decisions (such as hiring, dismissal, and 
                rewards) based on the results of the comprehensive 
                evaluation system;</DELETED>
                <DELETED>    ``(F) provides staff with ongoing, high-
                quality, job-embedded professional development that--
                </DELETED>
                        <DELETED>    ``(i) is aligned with the school's 
                        instruction program and evaluation 
                        system;</DELETED>
                        <DELETED>    ``(ii) facilitates effective 
                        teaching and learning; and</DELETED>
                        <DELETED>    ``(iii) supports the 
                        implementation of school-reform 
                        strategies;</DELETED>
                <DELETED>    ``(G) uses data to--</DELETED>
                        <DELETED>    ``(i) identify and implement a 
                        research-based instructional program;</DELETED>
                        <DELETED>    ``(ii) evaluate school improvement 
                        strategies; and</DELETED>
                        <DELETED>    ``(iii) inform differentiated 
                        instruction, in order to meet the academic 
                        needs of individual students;</DELETED>
                <DELETED>    ``(H) encourages the use of extended 
                learning time partnerships;</DELETED>
                <DELETED>    ``(I) establishes schedules and strategies 
                that provide increased learning time (which may include 
                offering full-day kindergarten or a high-quality 
                preschool program or using a longer school day, week, 
                or year that increases the total number of hours at 
                school for the school year by not fewer than 300 hours) 
                in order to significantly increase the total number of 
                school hours to include time for--</DELETED>
                        <DELETED>    ``(i) instruction core subjects, 
                        such as English, reading or language arts, 
                        mathematics, science, foreign language (which 
                        may include a Native American language), civics 
                        and government, economics, arts, history, and 
                        geography;</DELETED>
                        <DELETED>    ``(ii) instruction in traditional 
                        and cultural programs;</DELETED>
                        <DELETED>    ``(iii) instruction in other 
                        subjects;</DELETED>
                        <DELETED>    ``(iv) enrichment activities, such 
                        as physical education, service learning, and 
                        experiential work-based opportunities; 
                        or</DELETED>
                        <DELETED>    ``(v) teachers to collaborate, 
                        plan, and engage in professional development 
                        within and across grades and 
                        subjects;</DELETED>
                <DELETED>    ``(J) provides ongoing mechanisms for 
                family, community, and tribal involvement; 
                and</DELETED>
                <DELETED>    ``(K) provides appropriate social and 
                emotional community-oriented support services for 
                students.</DELETED>
<DELETED>    ``(j) Insufficient Progress.--If an Indian tribe or tribal 
education agency fails to demonstrate sufficient progress, as defined 
by the State, on the core academic indicators and leading indicators 
described in subsection (h)(1)(B), such tribe or agency shall be 
required to--</DELETED>
        <DELETED>    ``(1) modify the existing school intervention 
        model; or</DELETED>
        <DELETED>    ``(2) restart the school using the restart model 
        described in subsection (i)(2).</DELETED>
<DELETED>    ``(k) Reservation of Funds.--From the amount appropriated 
each fiscal year for grants to State educational agencies and local 
educational agencies for school improvement actions under this part, 
the Secretary shall reserve not less than 10 percent of such amount for 
grants under this section.''; and</DELETED>
        <DELETED>    (6) in section 1118--</DELETED>
                <DELETED>    (A) in subsection (a)(2)--</DELETED>
                        <DELETED>    (i) in subparagraph (E) by 
                        striking ``and'' after the semicolon;</DELETED>
                        <DELETED>    (ii) by redesignating subparagraph 
                        (F) as subparagraph (G); and</DELETED>
                        <DELETED>    (iii) by inserting after 
                        subparagraph (E) the following:</DELETED>
                <DELETED>    ``(F) with respect to an agency that 
                serves Indian children, identify the barriers to 
                effective involvement of the parents of such children; 
                and''; and</DELETED>
                <DELETED>    (B) in subsection (e)--</DELETED>
                        <DELETED>    (i) by redesignating paragraphs 
                        (6) through (14) as paragraphs (7) through 
                        (15), respectively; and</DELETED>
                        <DELETED>    (ii) by inserting after paragraph 
                        (5), the following:</DELETED>
        <DELETED>    ``(6) in consultation with Indian tribes and 
        parents of Indian children who are served by any school that is 
        served by the agency, shall establish mechanisms to overcome 
        barriers to effective Indian parental involvement, which may 
        include--</DELETED>
                <DELETED>    ``(A) providing literacy programs and use 
                of technology training, as needed, for such parents at 
                locations accessible to the homes of such 
                parents;</DELETED>
                <DELETED>    ``(B) providing or paying the reasonable 
                costs of transportation and child care to enable such 
                parents to participate in literacy programs, use of 
                technology training, and school-related 
                meetings;</DELETED>
                <DELETED>    ``(C) providing training regarding the 
                roles, rights and responsibilities of such parents, 
                including information about culture-based education; 
                and</DELETED>
                <DELETED>    ``(D) contracting with an Indian tribe or 
                tribal education agency to provide the services 
                described in subparagraphs (A), (B) and 
                (C);''.</DELETED>

<DELETED>SEC. 112. STANDARDS-BASED ASSESSMENTS.</DELETED>

<DELETED>    Section 1111(b)(3) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding at 
the end the following:</DELETED>
                <DELETED>    ``(E) Standards-based education 
                assessments.--Notwithstanding any other provision of 
                this Act, a State shall develop standards-based 
                education assessments and classroom lessons to 
                accommodate diverse learning styles, which assessments 
                may be used by the State in place of the general 
                assessments described in subparagraph (A).''.</DELETED>

<DELETED>SEC. 113. NATIVE LANGUAGE TEACHING.</DELETED>

<DELETED>    Section 1119 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6319) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(m) Qualifications for Native Language Teachers.--
</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of law, the requirements of subsection (a) on local 
        educational agencies and States with respect to highly 
        qualified teachers, shall not apply to a teacher of a Native 
        language.</DELETED>
        <DELETED>    ``(2) Alternative licensure or certification.--
        Each State educational agency receiving assistance under this 
        part shall develop an alternative licensure or certification 
        for teachers of a Native language.''.</DELETED>

<DELETED>SEC. 114. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN 
              AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-
              RISK.</DELETED>

<DELETED>    Part D of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6421 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 1401--</DELETED>
                <DELETED>    (A) in subsection (a)(3), by inserting 
                ``and the involvement of their families and their 
                communities.'' after ``their continued education''; 
                and</DELETED>
                <DELETED>    (B) in subsection (b), by inserting 
                ``subject to section 1402(c),'' after ``section 
                1002(d)'';</DELETED>
        <DELETED>    (2) in section 1402, by adding at the end the 
        following:</DELETED>
<DELETED>    ``(c) Reservation for the Secretary of the Interior.--From 
the amount appropriated for this part for any fiscal year, the 
Secretary shall reserve 4 percent of such funds for the Secretary of 
the Interior to provide educational services for at-risk Indian 
children, including Indian youth in correctional facilities operated by 
the Secretary of the Interior or by an Indian tribe.'';</DELETED>
        <DELETED>    (3) in section 1414(c)--</DELETED>
                <DELETED>    (A) in paragraph (9), by inserting ``, 
                Indian tribes, tribal education agencies,'' after 
                ``local educational agencies'';</DELETED>
                <DELETED>    (B) by redesignating paragraphs (12) 
                through (19) as paragraphs (13) through (20), 
                respectively;</DELETED>
                <DELETED>    (C) by inserting after paragraph (11), the 
                following:</DELETED>
        <DELETED>    ``(12) describe the procedure that the State 
        agency will use to consult, on an ongoing basis, with Indian 
        tribes in the State to determine the needs of Indian children 
        and youth who are neglected, delinquent, or at-risk, including 
        such children and youth in a correctional facility or 
        institution;'';</DELETED>
                <DELETED>    (D) in paragraph (19), as redesignated by 
                subparagraph (B), by striking ``and'' after the 
                semicolon;</DELETED>
                <DELETED>    (E) in paragraph (20), as redesignated by 
                subparagraph (B), by striking the period at the end and 
                inserting ``; and''; and</DELETED>
                <DELETED>    (F) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(21) provides an assurance that the program 
        under this subpart will utilize curriculum that is culturally 
        appropriate, based on the demographics of the neglected or 
        delinquent children and youth served by such 
        program.'';</DELETED>
        <DELETED>    (4) in section 1416--</DELETED>
                <DELETED>    (A) in paragraph (7), by striking ``and'' 
                after the semicolon;</DELETED>
                <DELETED>    (B) in paragraph (8), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(9) includes an assurance that the State agency 
        has consulted with Indian tribes in the State in the 
        development of the comprehensive plan under this 
        part.'';</DELETED>
        <DELETED>    (5) in section 1418--</DELETED>
                <DELETED>    (A) by striking paragraph (1) of 
                subsection (a) and inserting the following:</DELETED>
        <DELETED>    ``(1) projects that facilitate the transition of 
        children and youth from State-operated institutions, or 
        institutions in the State operated by the Secretary of the 
        Interior or Indian tribes, to schools served by local 
        educational agencies or to schools funded by the Bureau of 
        Indian Education; or'';</DELETED>
                <DELETED>    (B) in subsection (b), by inserting 
                ``Indian tribes,'' after local educational 
                agencies;</DELETED>
                <DELETED>    (C) by redesignating subsection (c) as 
                subsection (d); and</DELETED>
                <DELETED>    (D) by inserting after subsection (b) the 
                following:</DELETED>
<DELETED>    ``(c) Consultation With Indian Tribes.--The State agency 
shall consult with Indian tribes in the State in the development of 
transition projects, and coordinate such State projects with transition 
and reentry projects operated by such tribes.'';</DELETED>
        <DELETED>    (6) in section 1419(2), by inserting ``and Indian 
        tribal programs'' after ``State agency programs'';</DELETED>
        <DELETED>    (7) in section 1421--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by inserting ``, including correctional facilities in 
                the State operated by the Secretary of the Interior or 
                Indian tribes'' after ``locally operated correctional 
                facilities''; and</DELETED>
                <DELETED>    (B) in paragraph (3), by inserting ``, 
                including schools funded by the Bureau of Indian 
                Education,'' after ``local schools'';</DELETED>
        <DELETED>    (8) in section 1422--</DELETED>
                <DELETED>    (A) in subsection (a), by striking 
                ``(including facilities involved in community day 
                programs).'' and inserting ``(including facilities 
                involved in community day programs and facilities in 
                the State that are operated by the Secretary of the 
                Interior or Indian tribes).''; and</DELETED>
                <DELETED>    (B) in subsection (d), by inserting ``, 
                schools funded by the Bureau of Indian Education,'' 
                after ``returning to local educational 
                agencies'';</DELETED>
        <DELETED>    (9) in section 1423--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subsection (A), by 
                        inserting ``and, as appropriate, an Indian 
                        tribe in the State'' after ``program to be 
                        assisted''; and</DELETED>
                        <DELETED>    (ii) in subsection (B), by 
                        inserting ``, including such facilities 
                        operated by the Secretary of the Interior and 
                        Indian tribes'' after ``juvenile justice 
                        system'';</DELETED>
                <DELETED>    (B) by redesignating paragraphs (4) 
                through (13) as paragraphs (5) through (14), 
                respectively;</DELETED>
                <DELETED>    (C) by inserting after paragraph (3) the 
                following:</DELETED>
        <DELETED>    ``(4) a description of the process for 
        consultation and coordination with Indian tribes in the State 
        regarding services provided under the program to Indian 
        children and youth;'';</DELETED>
                <DELETED>    (D) in paragraph (13), as redesignated by 
                subparagraph (B), by striking ``and'' after the 
                semicolon;</DELETED>
                <DELETED>    (E) in paragraph (14), as redesignated by 
                subparagraph (B), by striking the period at the end and 
                inserting ``; and''; and</DELETED>
                <DELETED>    (F) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(15) a description of the demographics of the 
        children and youth served and an assurance that the curricula 
        and co-curricular activities will be culturally appropriate for 
        such children and youth.'';</DELETED>
        <DELETED>    (10) in section 1424 (20 U.S.C. 6454)--</DELETED>
                <DELETED>    (A) in paragraph (4), by striking ``and'' 
                after the semicolon;</DELETED>
                <DELETED>    (B) in paragraph (5), by striking the 
                period at the end and inserting ``; and''; 
                and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(6) programs for at-risk Indian children and 
        youth, including such individuals in correctional facilities in 
        the area served by the local educational agency that are 
        operated by the Secretary of the Interior or Indian 
        tribes.'';</DELETED>
        <DELETED>    (11) by redesignating subpart 3 as subpart 
        4;</DELETED>
        <DELETED>    (12) by redesignating sections 1431 and 1432 as 
        sections 1441 and 1442, respectively;</DELETED>
        <DELETED>    (13) by inserting after subpart 2 the 
        following:</DELETED>

   <DELETED>``Subpart 3--Education Programs for Indian Children and 
                            Youth</DELETED>

<DELETED>``SEC. 1432. GRANTS TO INDIAN TRIBES.</DELETED>

<DELETED>    ``(a) Purpose.--The purpose of this section is to 
authorize an educational program to be known as the `Indian Children 
and Youth At-Risk Education Program', which shall--</DELETED>
        <DELETED>    ``(1) carry out high-quality and culturally 
        appropriate education programs to prepare Indian children and 
        youth who are in correctional facilities (or enrolled in 
        community day programs for neglected or delinquent children and 
        youth) operated by the Secretary of the Interior or Indian 
        tribes for secondary school completion, training, employment, 
        or further education; and</DELETED>
        <DELETED>    ``(2) to provide activities to facilitate the 
        transition of such children and youth from the correctional 
        program to further education or employment.</DELETED>
<DELETED>    ``(b) Grants Authorized.--</DELETED>
        <DELETED>    ``(1) In general.--From the amount reserved for 
        the Secretary of the Interior under section 1402(c), and 
        subject to paragraph (2), the Secretary of the Interior shall 
        award grants, on a competitive basis, to Indian tribes with 
        high numbers or percentages of children and youth in juvenile 
        detention facilities that are operated by the Secretary of the 
        Interior or Indian tribes in order to enable such Indian tribes 
        to carry out the activities described in section 
        1434.</DELETED>
        <DELETED>    ``(2) Contract in lieu of grant.--At the request 
        of an Indian tribe, the Secretary of the Interior shall enter 
        into a contract under the Indian Self-Determination and 
        Education Assistance Act for operation of a program under this 
        subpart in lieu of making a grant to such tribe.</DELETED>
        <DELETED>    ``(3) Notification.--The Secretary of the Interior 
        shall notify Indian tribes of the availability of funding under 
        this subpart.</DELETED>
<DELETED>    ``(c) Tribal Applications.--Each Indian tribe desiring to 
receive a grant under this subpart shall submit an application to the 
Secretary of the Interior at such time, in such manner, and accompanied 
by such information as the Secretary of the Interior may require. Each 
such application shall include the following:</DELETED>
        <DELETED>    ``(1) A description of the program that will be 
        assisted with grant funds under this subpart.</DELETED>
        <DELETED>    ``(2) A description of any formal agreements 
        regarding the program, between the Indian tribe and, as 
        appropriate--</DELETED>
                <DELETED>    ``(A) 1 or more local educational 
                agencies;</DELETED>
                <DELETED>    ``(B) 1 or more schools funded by the 
                Bureau of Indian Education;</DELETED>
                <DELETED>    ``(C) correctional facilities operated by 
                the Secretary of the Interior or Indian 
                tribes;</DELETED>
                <DELETED>    ``(D) alternative school programs serving 
                Indian children and youth who are involved with the 
                juvenile justice system; or</DELETED>
                <DELETED>    ``(E) tribal, State, private, or public 
                organizations or corporations providing education, 
                skill-building, or reentry services.</DELETED>
        <DELETED>    ``(3) As appropriate, a description of how 
        participating entities will coordinate with facilities working 
        with delinquent Indian children and youth to ensure that such 
        children and youth are participating in an education program 
        comparable to the education program in the local school that 
        such youth would otherwise attend.</DELETED>
        <DELETED>    ``(4) A description of how the program will 
        develop culturally appropriate academic curricula and co-
        curricular activities to supplement the educational program 
        provided by a facility working with delinquent Indian children 
        and youth.</DELETED>
        <DELETED>    ``(5) A description of the program that the Indian 
        tribe will carry out for Indian children and youth returning 
        from correctional facilities.</DELETED>
        <DELETED>    ``(6) As appropriate, a description of the types 
        of services that such tribe will provide for such children and 
        youth and other at-risk children and youth, either directly or 
        in cooperation with local educational agencies and schools 
        funded by the Bureau of Indian Education.</DELETED>
        <DELETED>    ``(7) A description of the characteristics 
        (including learning difficulties, substance abuse problems, and 
        other special needs) of the Indian children and youth who will 
        be returning from correctional facilities and, as appropriate, 
        other at-risk Indian children and youth expected to be served 
        by the program.</DELETED>
        <DELETED>    ``(8) A description of how the tribe will 
        coordinate the program with existing educational programs of 
        local educational agencies and schools funded by the Bureau of 
        Indian Education to meet the unique educational needs of Indian 
        children and youth who will be returning from correctional 
        facilities and, as appropriate, other at-risk Indian children 
        and youth expected to be served by the program.</DELETED>
        <DELETED>    ``(9) As appropriate, a description of how the 
        program will coordinate with existing social, health, and other 
        services to meet the needs of students returning from 
        correctional facilities, including--</DELETED>
                <DELETED>    ``(A) prenatal health care;</DELETED>
                <DELETED>    ``(B) nutrition;</DELETED>
                <DELETED>    ``(C) mental health and substance abuse 
                services;</DELETED>
                <DELETED>    ``(D) targeted reentry and outreach 
                programs; and</DELETED>
                <DELETED>    ``(E) referrals to community resources 
                related to the health of the child or youth.</DELETED>
        <DELETED>    ``(10) A description of partnerships with tribal, 
        State, private or public organizations, or corporations to 
        develop vocational training, curriculum-based youth 
        entrepreneurship education, and mentoring services for 
        participating students.</DELETED>
        <DELETED>    ``(11) As appropriate, a description of how the 
        program will involve parents in efforts to--</DELETED>
                <DELETED>    ``(A) improve the educational achievement 
                of their children;</DELETED>
                <DELETED>    ``(B) assist in dropout prevention 
                activities; and</DELETED>
                <DELETED>    ``(C) prevent the involvement of their 
                children in delinquent activities.</DELETED>
        <DELETED>    ``(12) A description of how the program under this 
        subpart will be coordinated with other Federal, State, tribal, 
        and local programs, such as programs under title I of Public 
        Law 105-220 and vocational and technical education programs 
        serving at-risk children and youth.</DELETED>
        <DELETED>    ``(13) A description of how the program will be 
        coordinated with programs operated under the Juvenile Justice 
        and Delinquency Prevent Act of 1974 and other comparable 
        programs, if applicable.</DELETED>
        <DELETED>    ``(14) A description of the efforts participating 
        schools will make to ensure that correctional facilities 
        working with children and youth are aware of any existing 
        individualized education programs for such children or 
        youth.</DELETED>
        <DELETED>    ``(15) As appropriate, a description of the steps 
        participating schools will take to find alternative placements 
        for children and youth who are interested in continuing their 
        education but unable to participate in a regular school 
        program.</DELETED>
        <DELETED>    ``(16) As appropriate, a description of how the 
        program under this subpart will be coordinated with other 
        Federal, State, tribal, and local programs serving at-risk 
        children and youth.</DELETED>
        <DELETED>    ``(17) As appropriate, a description of how the 
        program will coordinate with probation officers to assist in 
        meeting the needs of children and youth returning from 
        correctional facilities.</DELETED>
<DELETED>    ``(d) Uses of Funds.--Funds provided to Indian tribes 
under this subpart may be used for the purposes described in section 
1424.</DELETED>
<DELETED>    ``(e) Program Requirements for Correctional Facilities 
Receiving Funds Under This Subpart.--Each correctional facility 
entering into an agreement with an Indian tribe under section 1432(2) 
to provide services to Indian children and youth under this subpart 
shall--</DELETED>
        <DELETED>    ``(1) if feasible, ensure that educational 
        programs in the correctional facility are coordinated with the 
        student's home school, particularly in the case of a student 
        with an individualized education program under part B of the 
        Individuals with Disabilities Education Act;</DELETED>
        <DELETED>    ``(2) if a child or youth is identified as in need 
        of special education services while in the correctional 
        facility, notify such child's local school;</DELETED>
        <DELETED>    ``(3) provide transition assistance to help the 
        child or youth stay in school, including coordination of 
        services for the family, counseling, assistance in accessing 
        drug and alcohol abuse prevention programs, tutoring, and 
        family counseling;</DELETED>
        <DELETED>    ``(4) provide support programs that encourage 
        children and youth who have dropped out of school to reenter 
        school once their term at the correctional facility has been 
        completed, or provide such children and youth with the skills 
        necessary to gain employment or seek a secondary school diploma 
        or its recognized equivalent;</DELETED>
        <DELETED>    ``(5) work to ensure that the correctional 
        facility is staffed with teachers and other qualified staff who 
        are trained to work with children and youth with disabilities, 
        taking into consideration the unique needs of such children and 
        youth;</DELETED>
        <DELETED>    ``(6) ensure that education programs in the 
        correctional facility aim to help students meet high academic 
        achievement standards;</DELETED>
        <DELETED>    ``(7) to the extent possible, use technology to 
        assist in coordinating educational programs between the 
        correctional facility and participating program 
        partners;</DELETED>
        <DELETED>    ``(8) where feasible, involve parents in efforts 
        to improve the educational achievement of their children and 
        prevent the further involvement of such children in delinquent 
        activities;</DELETED>
        <DELETED>    ``(9) coordinate funds received under this subpart 
        with other local, State, tribal, and Federal funds available to 
        provide services to participating children and youth, such as 
        funds made available under title I of Public Law 105-220, and 
        vocational and technical education funds;</DELETED>
        <DELETED>    ``(10) coordinate programs operated under this 
        subpart with activities funded under the Juvenile Justice and 
        Delinquency Prevention Act of 1974 and other comparable 
        programs, if applicable; and</DELETED>
        <DELETED>    ``(11) work with local partners to develop 
        training, curriculum-based youth entrepreneurship education, 
        and mentoring programs for children and youth.</DELETED>
<DELETED>    ``(f) Technical Assistance.--At the request of an Indian 
tribe that receives assistance under this subpart, the Secretary of the 
Interior may, to the extent resources are available, provide technical 
assistance--</DELETED>
        <DELETED>    ``(1) to improve the performance of a program 
        funded under this subpart;</DELETED>
        <DELETED>    ``(2) to recruit and retain qualified educational 
        professionals to assist in the delivery of services under such 
        program; and</DELETED>
        <DELETED>    ``(3) to perform the program evaluations required 
        by section 1441.</DELETED>

<DELETED>``SEC. 1433. EDUCATIONAL ALTERNATIVES TO DETENTION.</DELETED>

<DELETED>    ``(a) Purposes.--The purposes of this section are--
</DELETED>
        <DELETED>    ``(1) to decrease the number of incarcerated 
        Indian children and youth;</DELETED>
        <DELETED>    ``(2) to decrease the rate of high school dropouts 
        among Indian youth;</DELETED>
        <DELETED>    ``(3) to provide educational alternatives to 
        incarceration for at-risk Indian children and youth; 
        and</DELETED>
        <DELETED>    ``(4) to increase community and family involvement 
        in the education of at-risk Indian children and 
        youth.</DELETED>
<DELETED>    ``(b) Eligible Entities.--In this section, the term 
`eligible entity' means--</DELETED>
        <DELETED>    ``(1) an Indian tribe, tribal education agency, or 
        tribal organization;</DELETED>
        <DELETED>    ``(2) a Bureau-funded school, as defined in 
        section 1141 of the Education Amendments of 1978 (25 U.S.C. 
        2021);</DELETED>
        <DELETED>    ``(3) a correctional facility, in consortium with 
        a tribe, tribal education agency, or tribal organization; 
        or</DELETED>
        <DELETED>    ``(4) a State educational agency or local 
        educational agency in consortium with a tribe, tribal education 
        agency or tribal organization, as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b).</DELETED>
<DELETED>    ``(c) Program Authorized.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), the 
        Secretary is authorized to award grants to eligible entities 
        having applications approved under this section to enable such 
        entities to carry out the activities described in subsection 
        (d).</DELETED>
        <DELETED>    ``(2) Contracts.--At the request of an Indian 
        tribe, the Secretary shall transfer program funding to the 
        Secretary of the Interior, who shall enter into a contract 
        under the Indian Self-Determination and Education Assistance 
        Act with the tribe for operation of a program under this 
        section in lieu of making a grant to such tribe.</DELETED>
        <DELETED>    ``(3) Duration.--Grants awarded under this section 
        shall be for a period of not less than 3 years and not more 
        than 5 years.</DELETED>
<DELETED>    ``(d) Authorized Activities.--Grant funds under this 
section shall be used for activities to provide educational 
alternatives for Indian youth who have been sentenced to incarceration 
or juvenile detention, in a manner consistent with the purposes of this 
section. Such activities may include--</DELETED>
        <DELETED>    ``(1) half- or full-day alternative education 
        programs for disruptive youth who are temporarily 
        suspended;</DELETED>
        <DELETED>    ``(2) school-based drug and substance abuse 
        prevention programs;</DELETED>
        <DELETED>    ``(3) truancy prevention programs;</DELETED>
        <DELETED>    ``(4) multi-year alternative educational programs; 
        and</DELETED>
        <DELETED>    ``(5) home or community detention 
        programs.</DELETED>
<DELETED>    ``(e) Application.--Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require. Each such application shall include the 
following:</DELETED>
        <DELETED>    ``(1) A description of the program that will be 
        assisted with grant funds under this subpart.</DELETED>
        <DELETED>    ``(2) A description of any formal agreements 
        regarding the program, between the Indian tribe and, as 
        appropriate--</DELETED>
                <DELETED>    ``(A) 1 or more local educational 
                agencies;</DELETED>
                <DELETED>    ``(B) 1 or more schools funded by the 
                Bureau of Indian Education;</DELETED>
                <DELETED>    ``(C) correctional facilities operated by 
                the Secretary of the Interior or Indian tribes; 
                or</DELETED>
                <DELETED>    ``(D) tribal, State, private, or public 
                organizations or corporations providing education, 
                skill-building, or reentry services.</DELETED>
        <DELETED>    ``(3) As appropriate, a description of how the 
        program will develop culturally appropriate academic curriculum 
        and co-curricular activities.</DELETED>
        <DELETED>    ``(4) As appropriate, a description of the types 
        of services that the eligible entity will provide to at-risk 
        Indian children, youth, and families.</DELETED>
        <DELETED>    ``(5) As appropriate, a description of any 
        partnerships with tribal, local, or State law enforcement or 
        judicial systems to provide education alternatives to detention 
        and wrap around services, which may include--</DELETED>
                <DELETED>    ``(A) behavioral health 
                services;</DELETED>
                <DELETED>    ``(B) family counseling;</DELETED>
                <DELETED>    ``(C) teen pregnancy counseling;</DELETED>
                <DELETED>    ``(D) substance abuse services;</DELETED>
                <DELETED>    ``(E) alcohol abuse services; or</DELETED>
                <DELETED>    ``(F) job training.</DELETED>
        <DELETED>    ``(6) As appropriate, a description of evaluation 
        activities to develop educational plans for at-risk Indian 
        children and youth who are transitioning back to a local 
        educational agency or earning a secondary school diploma, or 
        the recognized equivalent of a secondary school 
        diploma.</DELETED>
<DELETED>    ``(f) Evaluation.--Each eligible entity that receives a 
grant under this section shall--</DELETED>
        <DELETED>    ``(1) evaluate the grant program, not less than 
        once every 3 years, to determine the program's success, 
        consistent with the purposes of this section; and</DELETED>
        <DELETED>    ``(2) prepare and submit a report containing the 
        information described in paragraph (1) to the Secretary, the 
        Coordinating Council on Juvenile Justice and Delinquency 
        Prevention, and Indian tribes.</DELETED>
<DELETED>    ``(g) Definition.--The term `tribal education agency' 
means--</DELETED>
        <DELETED>    ``(1) the authorized governmental agency of a 
        federally recognized American Indian and Alaska Native tribe 
        (as defined in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b)) that is primarily 
        responsible for regulating, administering, or supervising the 
        formal education of tribal members; and</DELETED>
        <DELETED>    ``(2) includes tribal education departments, 
        tribal divisions of education, tribally sanctioned education 
        authorities, tribal education administrative planning and 
        development agencies, tribal education agencies, and tribal 
        administrative education entities.</DELETED>
<DELETED>    ``(h) Authorization of Appropriations.--For the purpose of 
carrying out this subpart, there are authorized to be appropriated 
$2,000,000 for fiscal year 2012 and such sums as may be necessary for 
each of the 5 succeeding fiscal years.'';</DELETED>
        <DELETED>    (14) in section 1441, as redesignated by paragraph 
        (12)--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in the matter preceding 
                        paragraph (1), by striking ``Each State agency 
                        or local educational agency that conducts a 
                        program under subpart 1 or 2 shall'' and 
                        inserting ``Each State agency, local 
                        educational agency, or Indian tribe that 
                        conducts a program evaluation under subpart 1, 
                        2, or 3 shall''; and</DELETED>
                        <DELETED>    (ii) in paragraph (3), by 
                        inserting ``or school funded by the Bureau of 
                        Indian Education'' after ``local educational 
                        agency'';</DELETED>
                <DELETED>    (B) in subsection (c), by striking ``a 
                State agency or local educational agency'' and 
                inserting ``a State agency, local educational agency, 
                or Indian tribe''; and</DELETED>
                <DELETED>    (C) by striking subsection (d) and 
                inserting the following:</DELETED>
<DELETED>    ``(d) Evaluation Results.--</DELETED>
        <DELETED>    ``(1) In general.--Each State agency, local 
        educational agency, and Indian tribe shall--</DELETED>
                <DELETED>    ``(A) submit evaluation results to the 
                State educational agency and the Secretary; 
                and</DELETED>
                <DELETED>    ``(B) use the results of evaluations under 
                this section to plan and improve subsequent programs 
                for participating children and youth.</DELETED>
        <DELETED>    ``(2) Indian tribes.--Each Indian tribe shall also 
        submit evaluation results to the Secretary of the 
        Interior.</DELETED>
<DELETED>    ``(e) Evaluation of Programs for At-Risk Indian Youth.--
</DELETED>
        <DELETED>    ``(1) In general.--Not later than 4 years after 
        the date of enactment of the Native Culture, Language, and 
        Access for Success in Schools Act, the Secretary and the 
        Secretary of the Interior, in collaboration with the Attorney 
        General, shall prepare a report that--</DELETED>
                <DELETED>    ``(A) compiles demographic information 
                about at-risk Indian youth, including Indian youth in 
                correctional facilities operated by the Department of 
                the Interior and Indian tribes;</DELETED>
                <DELETED>    ``(B) evaluates existing educational 
                programs for at-risk Indian youth; and</DELETED>
                <DELETED>    ``(C) provides recommendations for 
                improvement of such educational programs.</DELETED>
        <DELETED>    ``(2) Submission to congressional committees.--The 
        Secretary and the Secretary of the Interior shall submit the 
        report described in paragraph (1) to the Health, Education, 
        Labor and Pensions Committee and the Indian Affairs Committee 
        of the Senate, the Committee on Education and the Workforce and 
        the Committee on Natural Resources of the House of 
        Representatives, and to Indian tribes.'';</DELETED>
        <DELETED>    (15) in section 1442, as redesignated by paragraph 
        (12), by inserting at the end the following:</DELETED>
        <DELETED>    ``(5) Indian tribe.--The term `Indian tribe' means 
        any Indian tribe, band, nation, other organized group or 
        community, including any Alaska Native village or Regional 
        Corporation or Village Corporation as defined in or established 
        pursuant to the Alaska Native Claims Settlement Act (42 U.S.C. 
        1601 et seq.), which is recognized as eligible for the special 
        programs and services provided by the United States to Indians 
        because of their status as Indians.''; and</DELETED>
        <DELETED>    (16) in section 1903(b)(2)--</DELETED>
                <DELETED>    (A) in subparagraph (F), by striking 
                ``and'' after the semicolon;</DELETED>
                <DELETED>    (B) in subparagraph (G), by striking the 
                period and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(H) representatives of Indian tribes 
                located in the State.''.</DELETED>

 <DELETED>Subtitle B--Preparing, Training, and Recruiting High-Quality 
                   Teachers and Principals</DELETED>

<DELETED>SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY 
              TEACHERS AND PRINCIPALS.</DELETED>

<DELETED>    Title II (20 U.S.C. 6601 et seq.) is amended--</DELETED>
        <DELETED>    (1) in part A--</DELETED>
                <DELETED>    (A) by striking paragraph (3) of section 
                2102 (20 U.S.C. 6602) and inserting the 
                following:</DELETED>
        <DELETED>    ``(3) High-need local educational agency.--The 
        term `high-need local educational agency' means--</DELETED>
                <DELETED>    ``(A) a local educational agency--
                </DELETED>
                        <DELETED>    ``(i)(I) that serves not fewer 
                        than 10,000 children from families with incomes 
                        below the poverty line; or</DELETED>
                        <DELETED>    ``(II) for which not less than 20 
                        percent of the children served by the agency 
                        are from families with incomes below the 
                        poverty line; and</DELETED>
                        <DELETED>    ``(ii)(I) for which there is a 
                        high percentage of teachers not teaching in the 
                        academic subjects or grade levels that the 
                        teachers were trained to teach; or</DELETED>
                        <DELETED>    ``(II) for which there is a high 
                        percentage of teachers with emergency, 
                        provisional, or temporary certification or 
                        licensing; or</DELETED>
                <DELETED>    ``(B) a school funded by the Bureau of 
                Indian Education.'';</DELETED>
                <DELETED>    (B) by striking clause (ii) of section 
                2111(b)(1)(A) (20 U.S.C. 6611(b)(1)(A)) and inserting 
                the following:</DELETED>
                        <DELETED>    ``(ii) 5 percent for the Secretary 
                        of the Interior to be distributed to schools 
                        operated or funded by the Bureau of Indian 
                        Education, as provided in section 
                        2123(c).'';</DELETED>
                <DELETED>    (C) in section 2113(c)(18) (20 U.S.C. 
                6613(c)(18))--</DELETED>
                        <DELETED>    (i) in subparagraph (A) by 
                        striking ``and'' after the semicolon;</DELETED>
                        <DELETED>    (ii) in subparagraph (B) by 
                        striking the period and inserting ``; and''; 
                        and</DELETED>
                        <DELETED>    (iii) by inserting at the end the 
                        following:</DELETED>
                <DELETED>    ``(C) provides access to clearinghouse 
                information to schools in the State that are funded by 
                the Bureau of Indian Education.'';</DELETED>
                <DELETED>    (D) in section 2122 (20 U.S.C. 6622)--
                </DELETED>
                        <DELETED>    (i) in subsection (b)--</DELETED>
                                <DELETED>    (I) in paragraph (2), by 
                                inserting ``, including Indian 
                                students,'' after ``minority 
                                students''; and</DELETED>
                                <DELETED>    (II) in paragraph (9)--
                                </DELETED>
                                        <DELETED>    (aa) in 
                                        subparagraph (C) by striking 
                                        ``and'' after the 
                                        semicolon;</DELETED>
                                        <DELETED>    (bb) in 
                                        subparagraph (D) by striking 
                                        the period at the end and 
                                        inserting ``; and''; 
                                        and</DELETED>
                                        <DELETED>    (cc) by adding at 
                                        the end the 
                                        following:</DELETED>
                <DELETED>    ``(E) for teachers in schools that serve 
                Indian children, become familiar with the Indian 
                communities served by the local educational agency and 
                incorporate culturally responsive teaching and learning 
                strategies for Indian children into the educational 
                program.''; and</DELETED>
                        <DELETED>    (ii) in subsection (c), by 
                        inserting ``, in the case of a local 
                        educational agency that serves an Indian tribal 
                        community, representatives of Indian tribes,'' 
                        after ``part A of title I'';</DELETED>
                <DELETED>    (E) in section 2123 (20 U.S.C. 6623)--
                </DELETED>
                        <DELETED>    (i) in subsection (a)(3)--
                        </DELETED>
                                <DELETED>    (I) in subparagraph (B)--
                                </DELETED>
                                        <DELETED>    (aa) in clause 
                                        (ii), by inserting ``students 
                                        from Indian reservation 
                                        communities,'' after 
                                        ``(including students who are 
                                        gifted and 
                                        talented),'';</DELETED>
                                        <DELETED>    (bb) in clause 
                                        (iv), by striking ``limited 
                                        English proficient and 
                                        immigrant children; and'' and 
                                        inserting ``children from 
                                        Indian reservation communities, 
                                        limited English proficient 
                                        children, and immigrant 
                                        children;'';</DELETED>
                                        <DELETED>    (cc) in clause 
                                        (v), by striking the period at 
                                        the end and inserting ``; 
                                        and''; and</DELETED>
                                        <DELETED>    (dd) by inserting 
                                        at the end the 
                                        following:</DELETED>
                        <DELETED>    ``(vi) in the case of a local 
                        educational agency that serves Indian children, 
                        provide training in effective incorporation of 
                        culturally responsive teaching and learning 
                        strategies for Indian children.''; 
                        and</DELETED>
                                <DELETED>    (II) in subparagraph (D), 
                                by inserting ``Indian students,'' after 
                                ``disadvantaged families,''; 
                                and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
<DELETED>    ``(c) Bureau of Indian Education Schools.--A school funded 
by the Bureau of Indian Education that receives funds reserved under 
section 2111(b)(1)(A)(ii) shall use such funds to carry out 1 or more 
of the activities described in subsection (a), and may use such funds 
to improve housing, as needed to recruit and retain highly qualified 
teachers and principals.'';</DELETED>
                <DELETED>    (F) in section 2131(1) (20 U.S.C. 
                6631(1))--</DELETED>
                        <DELETED>    (i) in subparagraph (A)(i) by 
                        inserting ``, or a tribally controlled college 
                        or university (as defined in section 2 of the 
                        Tribally Controlled Colleges and Universities 
                        Assistance Act of 1978 (25 U.S.C. 1801))'' 
                        after ``principals''; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B) by 
                        inserting ``an Indian tribe,'' after 
                        ``principal organization,''; and</DELETED>
                <DELETED>    (G) by inserting after subpart 5, the 
                following:</DELETED>

  <DELETED>``Subpart 6--Indian Educator Scholarship Program</DELETED>

<DELETED>``SEC. 2161. INDIAN EDUCATOR SCHOLARSHIP PROGRAM.</DELETED>

<DELETED>    ``(a) Grants Authorized.--In order to carry out the United 
States trust responsibility for the education of Indian children, and 
to provide a more stable base of education professionals to serve in 
public elementary schools and secondary schools with a significant 
number of Indian students and schools funded by the Bureau of Indian 
Education, the Secretary shall make scholarship grants to Indians who 
are enrolled full- or part-time in appropriately accredited 
institutions of higher education and pursuing a course of study in 
elementary and secondary education or school administration. Such 
scholarships shall be designated Indian educator scholarships and shall 
be made in accordance with this section.</DELETED>
<DELETED>    ``(b) Eligibility.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall determine 
        the applicants who will receive scholarships under subsection 
        (a).</DELETED>
        <DELETED>    ``(2) Criteria.--In order to be eligible for 
        participation in the Indian educator scholarship program, an 
        individual must--</DELETED>
                <DELETED>    ``(A) be an Indian, as defined in section 
                7151;</DELETED>
                <DELETED>    ``(B) be accepted for enrollment, or be 
                enrolled, as a full- or part-time student in a course 
                of study in elementary and secondary education or 
                school administration at an appropriately accredited 
                institution of higher education;</DELETED>
                <DELETED>    ``(C) submit an application to participate 
                in the Indian educator scholarship program at such time 
                and in such manner as the Secretary shall determine; 
                and</DELETED>
                <DELETED>    ``(D) sign and submit to the Secretary at 
                the time that such application is submitted, a written 
                contract, as described in subsection (c).</DELETED>
<DELETED>    ``(c) Contents of Contract.--</DELETED>
        <DELETED>    ``(1) In general.--The written contract between 
        the Secretary and the individual, as described in subsection 
        (b)(2)(D), shall contain the following:</DELETED>
                <DELETED>    ``(A) A statement that the Secretary 
                agrees to provide the individual with a scholarship, as 
                described in subsection (d), in each school year or 
                years for a period during which such individual is 
                pursuing a course of study in elementary and secondary 
                education or school administration at an appropriately 
                accredited institution of higher education.</DELETED>
                <DELETED>    ``(B) A statement that the individual 
                agrees--</DELETED>
                        <DELETED>    ``(i) to accept provision of the 
                        Indian educator scholarship;</DELETED>
                        <DELETED>    ``(ii) to maintain enrollment in 
                        such course of study until the individual 
                        completes the course of study;</DELETED>
                        <DELETED>    ``(iii) while enrolled in such 
                        course of study, to maintain an acceptable 
                        level of academic standing (as determined by 
                        the Secretary, taking into account the 
                        requirements of the educational institution 
                        offering such course of study); and</DELETED>
                        <DELETED>    ``(iv) to serve through full-time 
                        employment at an eligible school for a time 
                        period (referred to in this section as the 
                        `period of obligated service') equal to the 
                        greater of--</DELETED>
                                <DELETED>    ``(I) 1 year for the 
                                equivalent of each school year for 
                                which the individual was provided a 
                                scholarship under the Indian educator 
                                scholarship program; or</DELETED>
                                <DELETED>    ``(II) 2 years.</DELETED>
                <DELETED>    ``(C) A statement of the damages to which 
                the United States is entitled, under subsection (e), 
                for the individual's breach of the contract.</DELETED>
                <DELETED>    ``(D) Such other statement of the rights 
                and liabilities of the Secretary and of the individual, 
                in accordance with the provisions of this 
                section.</DELETED>
        <DELETED>    ``(2) Period of obligated service.--</DELETED>
                <DELETED>    ``(A) Eligible schools.--An individual 
                shall meet the requirement for the period of obligated 
                service under the written contract between the 
                individual and the Secretary, as described in paragraph 
                (1), if such individual is employed full-time--
                </DELETED>
                        <DELETED>    ``(i) in a school funded by the 
                        Bureau of Indian Education; or</DELETED>
                        <DELETED>    ``(ii) in a public school that 
                        serves a significant number of Indian 
                        students.</DELETED>
                <DELETED>    ``(B) Deferment for advanced study.--At 
                the request of an individual who has entered into a 
                contract described in this subsection and who has 
                receive a baccalaureate degree in education, the 
                Secretary shall defer the period of obligated service 
                of such individual under such contract to enable such 
                individual to complete a course of study leading to an 
                advanced degree in education, or needed to become 
                certified for an appropriate period (in years, as 
                determined by the Secretary), subject to the following 
                conditions:</DELETED>
                        <DELETED>    ``(i) A period of advanced study 
                        shall not be counted as satisfying any period 
                        of obligated service that is required under 
                        this section.</DELETED>
                        <DELETED>    ``(ii) The period of obligated 
                        service of the individual shall commence at the 
                        later of--</DELETED>
                                <DELETED>    ``(I) 90 days after the 
                                completion of the advanced course of 
                                study;</DELETED>
                                <DELETED>    ``(II) at the commencement 
                                of the first school year that begins 
                                after the completion of the advanced 
                                course of study; or</DELETED>
                                <DELETED>    ``(III) by a date 
                                specified by the Secretary.</DELETED>
                <DELETED>    ``(C) Part-time study.--In the case of an 
                individual receiving a scholarship under this section 
                who is enrolled part-time in an approved course of 
                study--</DELETED>
                        <DELETED>    ``(i) a scholarship under this 
                        section shall be for a period of years not to 
                        exceed the part-time equivalent of 4 years, as 
                        determined by the Secretary;</DELETED>
                        <DELETED>    ``(ii) the period of obligated 
                        service shall be equal to the greater of--
                        </DELETED>
                                <DELETED>    ``(I) the part-time 
                                equivalent of 1 year for each year for 
                                which the individual was provided a 
                                scholarship, as determined by the 
                                Secretary; or</DELETED>
                                <DELETED>    ``(II) 2 years; 
                                and</DELETED>
                        <DELETED>    ``(iii) the amount of the monthly 
                        stipend specified in subsection (d) shall be 
                        reduced pro rata, as determined by the 
                        Secretary, based on the number of hours of 
                        study in which such individual is 
                        enrolled.</DELETED>
<DELETED>    ``(d) Scholarship.--</DELETED>
        <DELETED>    ``(1) In general.--A scholarship provided to a 
        student under the Indian educator scholarship program for a 
        school year shall consist of payment to, or in accordance with 
        paragraph (2), on behalf of, the student in the amount of--
        </DELETED>
                <DELETED>    ``(A) the tuition of the student for the 
                school year or, for a part-time student, the tuition 
                for the appropriate portion of the school 
                year;</DELETED>
                <DELETED>    ``(B) all other reasonable educational 
                expenses, including fees, books, and laboratory 
                expenses, incurred by the student in such school year; 
                and</DELETED>
                <DELETED>    ``(C) a stipend of $800 per month 
                (adjusted in accordance with paragraph (3)) for each of 
                the 12 consecutive months beginning with the first 
                month of such school year.</DELETED>
        <DELETED>    ``(2) Payment to an institution of higher 
        education.--The Secretary may contract with an institution of 
        higher education in which a participant in the Indian educator 
        scholarship program is enrolled for the payment to such 
        institution of the amounts of tuition and other reasonable 
        educational expenses described in subparagraph (A) and (B) of 
        paragraph (1). Payment to such institution may be made without 
        regard to section 3324(a) and (b) of title 31.</DELETED>
        <DELETED>    ``(3) Stipend.--The amount of the monthly stipend 
        described in paragraph (1)(C) shall be increased by the 
        Secretary for each school year ending in a fiscal year 
        beginning after September 30, 2011, by an amount (rounded to 
        the next highest multiple of $1) equal to the amount of such 
        stipend multiplied by the overall percentage (under section 
        5303 of title 5) of the adjustment (if such adjustment is an 
        increase) in the rates of pay under the General Schedule made 
        effective in the fiscal year in which such school year 
        ends.</DELETED>
<DELETED>    ``(e) Liability; Failure To Complete the Period of 
Obligated Service; Repayment.--</DELETED>
        <DELETED>    ``(1) Liability.--An individual who has entered 
        into a written contract with the Secretary under this section 
        shall be liable to the United States for the amount which has 
        been paid to, or on behalf of, such individual under the 
        contract, if such individual--</DELETED>
                <DELETED>    ``(A) fails to maintain an acceptable 
                level of academic standing in the institution of higher 
                education in which the individual is enrolled (as 
                determined by the Secretary taking into account the 
                requirements of the educational institution offering 
                such course of study);</DELETED>
                <DELETED>    ``(B) is dismissed from such institution 
                of higher education for disciplinary reasons;</DELETED>
                <DELETED>    ``(C) voluntarily terminates the training 
                in such institution of higher education for which such 
                individual is provided a scholarship under such 
                contract before the completion of such training; 
                or</DELETED>
                <DELETED>    ``(D) fails to accept payment, or 
                instructs the institution of higher education in which 
                such individual is enrolled not to accept payment, 
                under this section.</DELETED>
        <DELETED>    ``(2) Failure to complete the period of obligated 
        service.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to paragraph 
                (C), if for any reason not specified in paragraph (1), 
                an individual breaches the written contract under this 
                section by failing either to begin such individual's 
                period of obligated service or failing to complete such 
                obligation, the United States shall be entitled to 
                recover from the individual an amount determined in 
                accordance with the following formula:</DELETED>

``A = 3Z(t-s/t)
 

        <DELETED>    ``in which--</DELETED>
                <DELETED>    ``(i) `A' is the amount the United States 
                is entitled to recover;</DELETED>
                <DELETED>    ``(ii) `Z' is the sum of the amounts paid 
                under this section to, or on behalf of, the individual 
                and the interest on such amounts which would be payable 
                if, at the time the amounts were paid, they were loans 
                bearing interest at the maximum legal prevailing rate, 
                as determined by the Treasurer of the United 
                States;</DELETED>
                <DELETED>    ``(iii) `t' is the total number of months 
                in the individual's period of obligated service in 
                accordance with subsection (c)(2) of this section; 
                and</DELETED>
                <DELETED>    ``(iv) `s' is the number of months of such 
                period served by such individual in accordance with 
                this section.</DELETED>
        <DELETED>    ``(B) Amounts not paid.--Amounts not paid within 
        such period shall be subject to collection through deductions 
        in Medicare payments pursuant to section 1395ccc of title 
        42.</DELETED>
        <DELETED>    ``(C) Delay in the period of obligated service.--
        An individual who has entered into a written contract with the 
        Secretary under this section may petition the Secretary to 
        delay the date on which the individual would otherwise be 
        required to begin the period of obligated service if such 
        individual has not succeeded in obtaining employment required 
        by this section. In support of such petition, the individual 
        shall supply such reasonable information as the Secretary may 
        require. The Secretary shall retain full discretion whether to 
        grant or decline such a delay and to determine the duration of 
        any delay that is granted.</DELETED>
        <DELETED>    ``(3) Repayment.--</DELETED>
                <DELETED>    ``(A) In general.--Any amount of damages 
                which the United States is entitled to recover under 
                this subsection shall be paid to the United States 
                within the 1-year period beginning on the date of the 
                breach or such longer period beginning on such date as 
                shall be specified by the Secretary.</DELETED>
                <DELETED>    ``(B) Recovery of damages.--If damages 
                described in subparagraph (A) are delinquent for 3 
                months, the Secretary shall, for the purpose of 
                recovering such damages--</DELETED>
                        <DELETED>    ``(i) utilize collection agencies 
                        contracted with by the Administrator of the 
                        General Services Administration; or</DELETED>
                        <DELETED>    ``(ii) enter into contracts for 
                        the recovery of such damages with collection 
                        agencies selected by the Secretary.</DELETED>
                <DELETED>    ``(C) Contracts for recovery of damages.--
                Each contract for recovering damages pursuant to this 
                subsection shall provide that the contractor will, not 
                less than once every 6 months, submit to the Secretary 
                a status report on the success of the contractor in 
                collecting such damages. Section 3718 of title 31 shall 
                apply to any such contract to the extent not 
                inconsistent with this subsection.</DELETED>
        <DELETED>    ``(4) Death.--Upon the death of an individual who 
        receives, or has received, an Indian educator scholarship, any 
        obligation of such individual for service or payment that 
        relates to such scholarship shall be canceled.</DELETED>
        <DELETED>    ``(5) Waiver.--</DELETED>
                <DELETED>    ``(A) Required waiver.--The Secretary 
                shall provide for the partial or total waiver or 
                suspension of any obligation of service or payment of a 
                recipient of an Indian educator scholarship, if the 
                Secretary determines that--</DELETED>
                        <DELETED>    ``(i) it is not possible for the 
                        recipient to meet the obligation or make the 
                        payment;</DELETED>
                        <DELETED>    ``(ii) requiring the recipient to 
                        meet the obligation or make the payment would 
                        result in extreme hardship to the recipient; 
                        or</DELETED>
                        <DELETED>    ``(iii) the enforcement of the 
                        requirement to meet the obligation or make the 
                        payment would be unconscionable.</DELETED>
                <DELETED>    ``(B) Permissible waiver.--Notwithstanding 
                any other provision of law, in any case of extreme 
                hardship or for other good cause shown, the Secretary 
                may waive, in whole or in part, the right of the United 
                States to recover funds made available under this 
                section.</DELETED>
        <DELETED>    ``(6) Bankruptcy.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), and notwithstanding any other provision of law, 
                with respect to a recipient of an Indian educator 
                scholarship, no obligation for payment may be released 
                by a discharge in bankruptcy under title 11.</DELETED>
                <DELETED>    ``(B) Exception.--The prohibition 
                described in subparagraph (A) shall not apply if--
                </DELETED>
                        <DELETED>    ``(i) such discharge is granted 
                        after the expiration of the 5-year period 
                        beginning on the initial date on which that 
                        payment is due; and</DELETED>
                        <DELETED>    ``(ii) the bankruptcy court finds 
                        that the nondischarge of the obligation would 
                        be unconscionable.</DELETED>
<DELETED>    ``(f) Placement Assistance.--The Secretary shall assist 
the recipient of an Indian educator scholarship in learning about 
placement opportunities in eligible schools by transmitting the name 
and educational credentials of such recipient to--</DELETED>
        <DELETED>    ``(1) State educational agency clearinghouses for 
        recruitment and placement of kindergarten, elementary school, 
        and secondary school teachers and administrators in States with 
        a substantial number of Indian children;</DELETED>
        <DELETED>    ``(2) elementary schools and secondary schools 
        funded by the Bureau of Indian Education; and</DELETED>
        <DELETED>    ``(3) tribal education agencies (as defined in 
        section 1116A(b)).</DELETED>
<DELETED>    ``(g) Other Provisions.--Notwithstanding any other 
provision of this title, sections 2101, 2102, 2103, and subparts 1 
through 5 of this part shall not apply to a grant or scholarship 
awarded under this section.</DELETED>
<DELETED>    ``(h) Authorization of Appropriations.--For the purpose of 
carrying out this section, there are authorized to be appropriated 
$50,000,000 for fiscal year 2012, and each of the 5 succeeding fiscal 
years.'';</DELETED>
        <DELETED>    (2) in part B, by striking subparagraph (B) of 
        section 2202(a)(2) (20 U.S.C. 6662(a)(2)) and inserting the 
        following:</DELETED>
                <DELETED>    ``(B) Allotment.--From the amount made 
                available under this part for a fiscal year and not 
                reserved under subparagraph (A)(i), the Secretary shall 
                allot--</DELETED>
                        <DELETED>    ``(i) one-half of one percent to 
                        the Secretary of the Interior for grants 
                        involving schools funded by the Bureau of 
                        Education; and</DELETED>
                        <DELETED>    ``(ii) the amount remaining after 
                        funds are distributed in accordance with clause 
                        (i), to the State educational agencies in 
                        proportion to the number of children aged 5 to 
                        17, who are from families with incomes below 
                        the poverty line and reside in a State for the 
                        most recent fiscal year for which satisfactory 
                        data are available, as compared to the number 
                        of such children who reside in all such States 
                        for such year.''; and</DELETED>
        <DELETED>    (3) in part C--</DELETED>
                <DELETED>    (A) in section 2302(b)(2) by striking ``or 
                public charter schools'' and inserting ``, public 
                charter schools, or schools funded by the Bureau of 
                Indian Education''; and</DELETED>
                <DELETED>    (B) in section 2304--</DELETED>
                        <DELETED>    (i) in subsection (a)(1)(B), by 
                        inserting ``or with a school funded by the 
                        Bureau of Indian Education,'' after section 
                        ``2101''; and</DELETED>
                        <DELETED>    (ii) in subsection (d)(3), in the 
                        matter preceding subparagraph (A), by striking 
                        ``or public charter school'' and inserting 
                        ``public charter school, or school funded by 
                        the Bureau of Indian Education''.</DELETED>

   <DELETED>Subtitle C--Native American Languages Programs</DELETED>

<DELETED>SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN STUDENTS 
              THROUGH NATIVE AMERICAN LANGUAGES PROGRAMS.</DELETED>

<DELETED>    Subpart 1 of part A of title III of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6821 et seq.) is amended by 
adding at the end the following:</DELETED>

<DELETED>``SEC. 3117. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN 
              STUDENTS THROUGH NATIVE AMERICAN LANGUAGES 
              PROGRAMS.</DELETED>

<DELETED>    ``(a) Purposes.--The purposes of this section are--
</DELETED>
        <DELETED>    ``(1) to improve the academic achievement of 
        American Indian and Alaska Native students through Native 
        American languages programs; and</DELETED>
        <DELETED>    ``(2) to foster the acquisition of Native American 
        languages.</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Average.--The term `average', when used with 
        respect to the number of hours of instruction through the use 
        of a Native American language, means the aggregate number of 
        hours of instruction through the use of a Native American 
        language to all students enrolled in a Native American language 
        program during a school year divided by the total number of 
        students enrolled in the program.</DELETED>
        <DELETED>    ``(2) Eligible entity.--The term `eligible entity' 
        means--</DELETED>
                <DELETED>    ``(A) a local educational 
                agency;</DELETED>
                <DELETED>    ``(B) an Indian tribe;</DELETED>
                <DELETED>    ``(C) an Indian organization;</DELETED>
                <DELETED>    ``(D) a federally supported elementary 
                school or secondary school for Indian 
                children;</DELETED>
                <DELETED>    ``(E) an Indian institution (including an 
                Indian institution of higher education); or</DELETED>
                <DELETED>    ``(F) a consortium of any of the entities 
                described in subparagraphs (A) through (E).</DELETED>
<DELETED>    ``(c) Grants Authorized.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall award 
        grants to eligible entities to enable such entities to carry 
        out the activities described in this section.</DELETED>
        <DELETED>    ``(2) Duration.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                award grants under this section on a multi-year basis 
                for a duration of not less than 4 years.</DELETED>
                <DELETED>    ``(B) Renewal.--Grants awarded under this 
                section may be renewed.</DELETED>
<DELETED>    ``(d) Applications.--</DELETED>
        <DELETED>    ``(1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require, in 
        addition to the information required in this section.</DELETED>
        <DELETED>    ``(2) Contents.--An application submitted under 
        paragraph (1) shall include a certification from the eligible 
        entity that the entity has not less than 3 years of experience 
        in operating and administering a Native American language 
        program or any other educational program in which instruction 
        is conducted in a Native American language.</DELETED>
<DELETED>    ``(e) Uses of Grant Funds.--</DELETED>
        <DELETED>    ``(1) Required uses.--An eligible entity that 
        receives a grant under this section shall use the grant funds 
        for the following activities:</DELETED>
                <DELETED>    ``(A) Native American language programs, 
                which are site-based educational programs that--
                </DELETED>
                        <DELETED>    ``(i) provide instruction through 
                        the use of a Native American language for not 
                        less than 10 children for an average of not 
                        less than 500 hours;</DELETED>
                        <DELETED>    ``(ii) provide for the involvement 
                        of parents (or legal guardians) of students 
                        participating in such a program;</DELETED>
                        <DELETED>    ``(iii) develop instructional 
                        courses and materials for learning Native 
                        American languages and for instruction through 
                        the use of Native American languages;</DELETED>
                        <DELETED>    ``(iv) provide for teacher 
                        training; and</DELETED>
                        <DELETED>    ``(v) work toward a goal of all 
                        students participating in such a program 
                        achieving--</DELETED>
                                <DELETED>    ``(I) fluency in a Native 
                                American language; and</DELETED>
                                <DELETED>    ``(II) academic 
                                proficiency in mathematics, English, 
                                reading (or language arts), and 
                                science.</DELETED>
                <DELETED>    ``(B) Native American language restoration 
                programs, which are educational programs that--
                </DELETED>
                        <DELETED>    ``(i) provide instruction in at 
                        least 1 Native American language;</DELETED>
                        <DELETED>    ``(ii) provide training programs 
                        for teachers of Native American 
                        languages;</DELETED>
                        <DELETED>    ``(iii) develop instructional 
                        materials for the programs; and</DELETED>
                        <DELETED>    ``(iv) work toward a goal of 
                        increasing proficiency and fluency for 
                        participating students in at least 1 Native 
                        American language.</DELETED>
        <DELETED>    ``(2) Permissible uses.--An eligible entity that 
        receives a grant under this section may use the grant funds 
        for--</DELETED>
                <DELETED>    ``(A) Native American language and culture 
                camps;</DELETED>
                <DELETED>    ``(B) Native American language programs 
                provided in coordination and cooperation with 
                educational entities;</DELETED>
                <DELETED>    ``(C) Native American language programs 
                provided in coordination and cooperation with local 
                institutions of higher education;</DELETED>
                <DELETED>    ``(D) Native American language programs 
                that use a master-apprentice model of learning 
                languages;</DELETED>
                <DELETED>    ``(E) Native American language programs 
                provided through a regional program to better serve 
                geographically dispersed students;</DELETED>
                <DELETED>    ``(F) Native American language teacher 
                training programs, such as training programs in Native 
                American language translation for fluent speakers, 
                training programs for Native American language 
                teachers, training programs for teachers in schools to 
                utilize Native American language materials, tools, and 
                interactive media to teach a Native American language; 
                and</DELETED>
                <DELETED>    ``(G) the development of Native American 
                language materials, such as books, audio and visual 
                tools, and interactive media programs.</DELETED>
<DELETED>    ``(f) Assurance.--A eligible entity awarded a grant under 
this section shall provide an assurance that each instructor of a 
Native American language under a program supported with grant funds 
under this section is certified to teach such language by the Indian 
tribe whose language will be taught.</DELETED>
<DELETED>    ``(g) Evaluation.--After the completion of the fourth year 
of a grant awarded under this section, the Secretary shall--</DELETED>
        <DELETED>    ``(1) carry out a comprehensive evaluation of the 
        programs carried out by the grantee with grant funds; 
        and</DELETED>
        <DELETED>    ``(2) provide a report on the evaluation to the 
        grantee, the tribe or tribes whose children are served by the 
        program, and parents of the children served.</DELETED>
<DELETED>    ``(h) Authorization of Appropriations.--For the purpose of 
carrying out this section, there are authorized to be appropriated 
$15,000,000 for fiscal year 2012 and each of the 5 succeeding fiscal 
years.''.</DELETED>

<DELETED>SEC. 132. STATE AND TRIBAL EDUCATION AGENCY 
              AGREEMENTS.</DELETED>

<DELETED>    Title III of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end the 
following:</DELETED>

        <DELETED>``Subpart 5--State and Tribal Education Agency 
                          Agreements</DELETED>

<DELETED>``SEC. 3151. STATE AND TRIBAL EDUCATION AGENCY 
              AGREEMENTS.</DELETED>

<DELETED>    ``(a) Purpose.--The purpose of this section is to 
facilitate efforts by tribal education agencies and State educational 
agencies to partner with each other in order to--</DELETED>
        <DELETED>    ``(1) improve the academic achievement of Indian 
        children and youth who reside on reservations and tribal lands; 
        and</DELETED>
        <DELETED>    ``(2) promote tribal self-determination in 
        education.</DELETED>
<DELETED>    ``(b) Definition.--The term `tribal education agency' 
means an agency or administrative unit of an Indian tribe that is 
authorized by the tribe to have primary responsibility for regulating, 
administering, or supervising early learning or elementary and 
secondary education on reservations or tribal lands.</DELETED>
<DELETED>    ``(c) Authority for Eligible Tribal Education Agencies.--
</DELETED>
        <DELETED>    ``(1) In general.--In order to receive the 
        authority and funds authorized under paragraph (3), an eligible 
        tribal education agency shall enter into an agreement, subject 
        to approval by the Secretary, with the appropriate State 
        educational agency to assume the State educational agency's 
        responsibility for carrying out activities specified in the 
        agreement under 1 or more of the programs identified in 
        paragraph (3)(B)(ii) on the eligible tribal education agency's 
        reservation or tribal lands.</DELETED>
        <DELETED>    ``(2) Eligibility.--In order for a tribal 
        education agency to receive the authority or funds described in 
        paragraph (3), pursuant to an agreement with the State 
        educational agency--</DELETED>
                <DELETED>    ``(A) the eligible tribal education 
                agency's tribe must have a reservation or tribal lands 
                (which may be an Alaska Native village), as recognized 
                under Federal or State law, on which 1 or more publicly 
                administered schools are operating under State law; 
                and</DELETED>
                <DELETED>    ``(B) not less than 50 percent of the 
                students enrolled in each such school must be 
                Indians.</DELETED>
        <DELETED>    ``(3) Eligible tribal education agency with an 
        approved agreement.--In the case of an eligible tribal 
        education agency that has an approved agreement in place, as 
        described in paragraph (1), the Secretary shall, consistent 
        with the agreement--</DELETED>
                <DELETED>    ``(A) treat the eligible tribal education 
                agency as a State educational agency for the purposes 
                of--</DELETED>
                        <DELETED>    ``(i) carrying out on the 
                        reservation or tribal lands, the activities 
                        specified in the agreement under 1 or more of 
                        the programs listed in subparagraph (B)(ii); 
                        and</DELETED>
                        <DELETED>    ``(ii) section 444 of the General 
                        Education Provisions Act (20 U.S.C. 1232g, 
                        commonly known as the `Family Educational 
                        Rights and Privacy Act of 1974'); and</DELETED>
                <DELETED>    ``(B) provide, or have the State 
                educational agency provide, to the eligible tribal 
                education agency a proportion of the funds that are 
                available to--</DELETED>
                        <DELETED>    ``(i) carry out State-level 
                        activities; and</DELETED>
                        <DELETED>    ``(ii) as applicable, award 
                        subgrants under 1 or more of the following 
                        programs, as provided for in the 
                        agreement:</DELETED>
                                <DELETED>    ``(I) State grants under 
                                part A of title I.</DELETED>
                                <DELETED>    ``(II) Grants under this 
                                Act that support school turnaround 
                                efforts.</DELETED>
                                <DELETED>    ``(III) Grants under this 
                                Act for the purpose of assessing 
                                achievement.</DELETED>
                                <DELETED>    ``(IV) The teacher and 
                                principal training and recruiting fund 
                                under part A of title II.</DELETED>
                                <DELETED>    ``(V) Grants under the 
                                English Language Acquisition, Language 
                                Enhancement, and Academic Achievement 
                                Act under part A of title 
                                III.</DELETED>
                                <DELETED>    ``(VI) The education of 
                                migratory children program under part C 
                                of title I.</DELETED>
                                <DELETED>    ``(VII) Grants provided 
                                for the education of homeless children 
                                and youth.</DELETED>
                                <DELETED>    ``(VIII) Prevention and 
                                intervention programs for children and 
                                youth who are neglected, delinquent, or 
                                at-risk under part D of title 
                                I.</DELETED>
                                <DELETED>    ``(IX) Programs under this 
                                Act for rural and low-income 
                                schools.</DELETED>
        <DELETED>    ``(4) Eligible tribal education agency without an 
        approved agreement.--In the case of an eligible tribal 
        education agency that has not yet entered into an agreement, as 
        described in paragraph (1), the Secretary may provide technical 
        assistance to the eligible tribal education agency in order to 
        facilitate such an agreement.</DELETED>
<DELETED>    ``(d) Applications.--</DELETED>
        <DELETED>    ``(1) In general.--An eligible tribal education 
        agency that desires to receive the authority or funds described 
        in paragraph (c)(3), pursuant to an agreement with a State 
        educational agency, shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information and assurances as the Secretary may 
        require.</DELETED>
        <DELETED>    ``(2) Application from an eligible tribal 
        education agency that has an agreement.--An application from an 
        eligible tribal education agency that has an agreement in place 
        with the State educational agency and is seeking the 
        Secretary's approval of such agreement, in order to gain the 
        authority and funds described under subsection (c)(3), shall--
        </DELETED>
                <DELETED>    ``(A) describe the eligible tribal 
                education agency's current role and responsibilities on 
                the reservation or tribal lands; and</DELETED>
                <DELETED>    ``(B) provide a copy of the agreement 
                described under subsection (c)(1), which shall, at a 
                minimum--</DELETED>
                        <DELETED>    ``(i) identify each program listed 
                        in subsection (c)(3)(B)(ii) for which the 
                        applicant will assume some or all of the State-
                        level responsibility on the reservation or 
                        tribal lands under the agreement;</DELETED>
                        <DELETED>    ``(ii) describe the State-level 
                        activities that the tribal education agency 
                        will carry out under such program, and the 
                        division of roles and responsibilities between 
                        the tribal education agency and the State 
                        educational agency in carrying out such 
                        activities, including, if applicable, any 
                        division of responsibility for awarding 
                        subgrants to local educational 
                        agencies;</DELETED>
                        <DELETED>    ``(iii) identify the 
                        administrative and fiscal resources that the 
                        applicant will have available to carry out such 
                        activities; and</DELETED>
                        <DELETED>    ``(iv) provide evidence of any 
                        other collaboration with the State educational 
                        agency in administering State-level activities 
                        for the programs listed in subsection 
                        (c)(3)(B)(ii).</DELETED>
        <DELETED>    ``(3) Application from an eligible tribal 
        education agency that has not yet entered into an agreement 
        with a state educational agency.--An application from an 
        eligible tribal education agency that has not yet entered into 
        an agreement with a State educational agency, as described 
        under subsection (c)(1), shall include a description of--
        </DELETED>
                <DELETED>    ``(A) the program authority that the 
                eligible tribal education agency would like to obtain 
                and the State-level activities that the eligible tribal 
                education agency would like to carry out;</DELETED>
                <DELETED>    ``(B) the eligible tribal education 
                agency's role and responsibilities on the reservation 
                or tribal lands and administrative and fiscal 
                capability and resources at the time of the 
                application; and</DELETED>
                <DELETED>    ``(C) the proposed process and time period 
                for entering into the agreement described under 
                subsection (c)(1).</DELETED>
<DELETED>    ``(e) Special Rule.--If the tribal education agency and 
State educational agency are unable to reach an agreement that the 
Secretary approves, the Secretary may, at the request of either agency 
and for a reasonable period, use all or a portion of the State's 
administrative funds for the program listed in subsection (c)(3)(B)(ii) 
for which an application is made, in order to facilitate an agreement 
(such as through alternative dispute resolution).</DELETED>
<DELETED>    ``(f) Review and Reporting.--</DELETED>
        <DELETED>    ``(1) Review.--The Secretary shall require an 
        eligible tribal education agency and a State educational agency 
        that have an approved agreement to--</DELETED>
                <DELETED>    ``(A) periodically review the agreement; 
                and</DELETED>
                <DELETED>    ``(B) if appropriate, revise the agreement 
                and submit the revised agreement to the Secretary for 
                approval.</DELETED>
        <DELETED>    ``(2) Report.--An eligible tribal education agency 
        and a State educational agency that have an approved agreement 
        shall report to the Secretary every 2 years about the 
        effectiveness of the agreement.''.</DELETED>

          <DELETED>Subtitle D--21st Century Schools</DELETED>

<DELETED>SEC. 141. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN 
              STUDENTS.</DELETED>

<DELETED>    Subpart 2 of part A of title IV of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by 
adding at the end the following:</DELETED>

<DELETED>``SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN 
              STUDENTS.</DELETED>

<DELETED>    ``From funds made available to carry out this subpart, the 
Secretary shall--</DELETED>
        <DELETED>    ``(1) establish a program to improve school 
        environments and student skill development for healthy choices 
        for Native American students, including--</DELETED>
                <DELETED>    ``(A) prevention regarding--</DELETED>
                        <DELETED>    ``(i) alcohol and drug 
                        misuse;</DELETED>
                        <DELETED>    ``(ii) suicide;</DELETED>
                        <DELETED>    ``(iii) violence;</DELETED>
                        <DELETED>    ``(iv) pregnancy; and</DELETED>
                        <DELETED>    ``(v) obesity;</DELETED>
                <DELETED>    ``(B) nutritious eating programs; 
                and</DELETED>
                <DELETED>    ``(C) anger and conflict management 
                programs;</DELETED>
        <DELETED>    ``(2) establish a program for school dropout 
        prevention for Native American students; and</DELETED>
        <DELETED>    ``(3) collaborate with the Secretary of 
        Agriculture to establish tribal-school specific school gardens 
        and nutrition programs that are within the tribal cultural 
        context.''.</DELETED>

    <DELETED>Subtitle E--Indian, Native Hawaiian, and Alaska Native 
                          Education</DELETED>

<DELETED>SEC. 151. PURPOSE.</DELETED>

<DELETED>    Section 7102 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7402) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(a) Purpose.--It is the purpose of this subpart to 
support the efforts of local educational agencies, Indian tribes and 
organizations, postsecondary institutions, and other entities to 
improve the academic achievement of American Indian and Alaska native 
students by meeting their unique cultural, language, and educational 
needs.''; and</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (3) and 
                (4) as paragraphs (4) and (5), respectively; 
                and</DELETED>
                <DELETED>    (B) by inserting after paragraph (2) the 
                following:</DELETED>
        <DELETED>    ``(3) strengthening American Indian and Alaska 
        Native students' knowledge of their languages, history, 
        traditions, and cultures;''.</DELETED>

<DELETED>SEC. 152. PURPOSE OF FORMULA GRANTS.</DELETED>

<DELETED>    Section 7111 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7421) is amended to read as follows:</DELETED>

<DELETED>``SEC. 7111. PURPOSE.</DELETED>

<DELETED>    ``It is the purpose of this subpart to support the efforts 
of local educational agencies to develop elementary school and 
secondary school programs for Indian students that are designed to meet 
the unique cultural, language and educational needs of such 
students.''.</DELETED>

<DELETED>SEC. 153. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND 
              TRIBES.</DELETED>

<DELETED>    Section 7112 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7422) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``The Secretary'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) Grant awards.--The Secretary''; 
        and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(2) Consortia.--</DELETED>
        <DELETED>    ``(A) In general.--Two or more local educational 
        agencies may form a consortium to apply for and carry out a 
        program under this subpart, as long as each local educational 
        agency participating in the consortium--</DELETED>
                <DELETED>    ``(i) provides an assurance to the 
                Secretary that the eligible Indian children served by 
                such local educational agency receive the services of 
                the programs funded under this subpart; and</DELETED>
                <DELETED>    ``(ii) shall be subject to all 
                requirements, assurances, and obligations applicable to 
                local educational agencies under this 
                subpart.</DELETED>
        <DELETED>    ``(B) Applicability.--The Secretary shall treat 
        each consortium described in subparagraph (A) as if such 
        consortium were a local educational agency for purposes of this 
        subpart.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking paragraph (1) and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) Enrollment requirements.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), a local educational agency shall be eligible for a 
                grant under this subpart for any fiscal year if the 
                number of Indian children eligible under section 7117 
                who were enrolled in the schools of the agency, and to 
                whom the agency provided free public education, during 
                the preceding fiscal year--</DELETED>
                        <DELETED>    ``(i) was at least 10; 
                        or</DELETED>
                        <DELETED>    ``(ii) constituted not less than 
                        25 percent of the total number of individuals 
                        enrolled in the schools of such 
                        agency.</DELETED>
                <DELETED>    ``(B) Special rule.--Notwithstanding any 
                other provision of this Act, in any case where an 
                Indian tribe that represents a plurality of the 
                eligible Indian children who are served by a local 
                educational agency eligible for a grant under this 
                subpart requests that the local educational agency 
                enter into a cooperative agreement with such tribe to 
                assist in the planning and operation of the program 
                funded by such grant, the local educational agency 
                shall enter into such an agreement as a condition for 
                receiving funds under this subpart.''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``a 
                reservation'' and inserting ``an Indian 
                reservation'';</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``such 
                grant, an'' and inserting the following: ``such grant--
                </DELETED>
                <DELETED>    ``(A) an Indian tribe that represents a 
                plurality of the eligible Indian children who are 
                served by such local educational agency may apply for 
                such grant; or</DELETED>
                <DELETED>    ``(B) a consortium of Indian tribes 
                representing a plurality of the eligible Indian 
                children who are served by such local educational 
                agency may apply for such grant.''; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by inserting ``or consortium 
                        of Indian tribes'' after ``each Indian 
                        tribe'';</DELETED>
                        <DELETED>    (ii) by inserting ``or such 
                        consortium'' after ``such Indian tribe''; 
                        and</DELETED>
                        <DELETED>    (iii) by inserting ``or 
                        consortium'' after ``any such tribe''; 
                        and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Indian Committee.--If neither a local educational 
agency pursuant to subsection (b), nor an Indian tribe or consortium of 
Indian tribes pursuant to subsection (c), applies for a grant under 
this subpart, a committee of Indian individuals in the community of the 
local educational agency may apply for such grant and the Secretary 
shall apply the special rule in subsection (c)(2) to such committee in 
the same manner as such rule applies to an Indian tribe or consortium 
of Indian tribes.''.</DELETED>

<DELETED>SEC. 154. AMOUNT OF GRANTS.</DELETED>

<DELETED>    Section 7113 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7423) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                ``$3,000'' and inserting ``$10,000'';</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by inserting ``and Indian 
                        tribes'' after ``Local educational agencies''; 
                        and</DELETED>
                        <DELETED>    (ii) by inserting ``and operating 
                        programs'' after ``obtaining grants''; 
                        and</DELETED>
                <DELETED>    (C) by striking ``$4,000'' and inserting 
                ``$15,000''; and</DELETED>
        <DELETED>    (2) in subsection (d)--</DELETED>
                <DELETED>    (A) in the subsection heading, by striking 
                ``affairs'' and inserting ``education''; and</DELETED>
                <DELETED>    (B) in paragraph (1)(A)(i), by striking 
                ``Affairs'' and inserting ``Education''.</DELETED>

<DELETED>SEC. 155. APPLICATIONS.</DELETED>

<DELETED>    Section 7114 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7424) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``is consistent with the State and 
                        local'' and inserts ``supports the State, 
                        tribal, and local''; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``, that are'' and all that follows 
                        through ``all children''; and</DELETED>
                <DELETED>    (B) in paragraph (3), by striking ``, 
                especially programs carried out under title 
                I,'';</DELETED>
                <DELETED>    (C) in paragraph (5)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``and'' after the semicolon; 
                        and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(C) the parents of Indian children and 
                representatives of Indian tribes on the committee 
                described in subsection (c)(5) will participate in the 
                planning of the professional development materials; 
                and''; and</DELETED>
                <DELETED>    (D) in paragraph (6)(B)--</DELETED>
                        <DELETED>    (i) in clause (i), by striking 
                        ``and'' after the semicolon; and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
                        <DELETED>    ``(iii) each Indian tribe whose 
                        children are served by the local educational 
                        agency; and'';</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (2) 
                through (4) as paragraphs (3) through (5), 
                respectively;</DELETED>
                <DELETED>    (B) by inserting after paragraph (1) the 
                following:</DELETED>
        <DELETED>    ``(2) the local educational agency will use funds 
        received under this subpart only for activities described and 
        authorized in this subpart;'';</DELETED>
                <DELETED>    (C) in paragraph (3) (as redesignated by 
                subparagraph (1))--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``and'' after the semicolon;</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        inserting ``and'' after the semicolon; 
                        and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(C) determine the extent to which such 
                activities address the unique cultural, language, and 
                educational needs of Indian students;'';</DELETED>
                <DELETED>    (D) in paragraph (4)(C) (as redesignated 
                by paragraph (1)), by striking ``and teachers,'' and 
                inserting ``teachers, and representatives of Indian 
                tribes with reservations located within 50 miles of any 
                of the schools (if any such tribe has children in any 
                such school)'';</DELETED>
                <DELETED>    (E) in paragraph (5)--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (I) by redesignating 
                                clauses (ii) and (iii) as clauses (iii) 
                                and (iv), respectively; and</DELETED>
                                <DELETED>    (II) by inserting after 
                                clause (i) the following:</DELETED>
                        <DELETED>    ``(ii) representatives of Indian 
                        tribes with reservations located within 50 
                        miles of any of the schools, if any such tribe 
                        has children in any such school;'';</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        inserting ``and representatives of Indian 
                        tribes described in subparagraph (A)(ii), if 
                        applicable'' before the semicolon at the end; 
                        and</DELETED>
                        <DELETED>    (iii) in subparagraph (D)--
                        </DELETED>
                                <DELETED>    (I) in clause (i), by 
                                striking ``and'' after the semicolon; 
                                and</DELETED>
                                <DELETED>    (II) by adding at the end 
                                the following:</DELETED>
                        <DELETED>    ``(iii) determined that the 
                        program will directly enhance the educational 
                        experience of American Indian and Alaska Native 
                        students; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(d) Outreach.--The Secretary shall monitor the 
applications for grants under this subpart to identify eligible local 
educational agencies and schools operated by the Bureau of Indian 
Education that have not applied for grants, and shall undertake 
appropriate outreach activities to encourage and assist such entities 
to submit applications.''.</DELETED>

<DELETED>SEC. 156. AUTHORIZED SERVICES AND ACTIVITIES.</DELETED>

<DELETED>    Section 7115 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7425) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) 
                through (11) as paragraphs (2) through (12), 
                respectively;</DELETED>
                <DELETED>    (B) by inserting before paragraph (2) (as 
                redesignated by subparagraph (A)) the 
                following:</DELETED>
        <DELETED>    ``(1) the activities that support Native American 
        language programs and Native American language restoration 
        programs, such as those programs described in section 
        7123;'';</DELETED>
                <DELETED>    (C) in paragraph (4) (as redesignated by 
                subparagraph (A)), by striking ``and directly support 
                the attainment of challenging State academic content 
                and student academic achievement standards'';</DELETED>
                <DELETED>    (D) in paragraph (5) (as redesignated by 
                subparagraph (A)), by striking ``that meet the needs of 
                Indian children and their families'' and inserting ``, 
                including programs that promote parental involvement in 
                school activities and promote parental involvement to 
                increase student achievement, in order to meet the 
                unique needs of Indian children and their 
                families'';</DELETED>
                <DELETED>    (E) in paragraph (10) (as redesignated by 
                subparagraph (A)), by striking ``, consistent with 
                State standards''; and</DELETED>
                <DELETED>    (F) in paragraph (12) (as redesignated by 
                subparagraph (A)), by striking ``, and incorporate 
                appropriately qualified tribal elders and seniors''; 
                and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``and'' 
                after the semicolon;</DELETED>
                <DELETED>    (B) in paragraph (2), by striking the 
                period and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(3) the local educational agency identifies in 
        its application how the use of such funds in a schoolwide 
        program will produce benefits to the Indian students that would 
        not be achieved if the funds were not used in a schoolwide 
        program.''.</DELETED>

<DELETED>SEC. 157. STUDENT ELIGIBILITY FORMS.</DELETED>

<DELETED>    Section 7117(e) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7427(e)) is amended--</DELETED>
        <DELETED>    (1) by striking ``For purposes'' and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) In general.--For purposes''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) Records.--Once a child is determined to be 
        an Indian eligible to be counted for such grant award, the 
        local educational agency shall maintain a record of such 
        determination and the local educational agency and Secretary 
        shall not require a new or duplicate determination to be made 
        for such child for a subsequent application for a grant under 
        this subpart.''.</DELETED>

<DELETED>SEC. 158. TECHNICAL ASSISTANCE.</DELETED>

<DELETED>    Subpart 1 of part A of title VII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7421 et seq.) is further 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 7120. TECHNICAL ASSISTANCE.</DELETED>

<DELETED>    ``The Secretary shall, directly or through a contract, 
provide technical assistance to a local educational agency upon request 
(in addition to any technical assistance available under any other 
provision of this Act or available through the Institute of Education 
Sciences) to support the services and activities provided under this 
subpart, including technical assistance for--</DELETED>
        <DELETED>    ``(1) the development of applications under this 
        subpart;</DELETED>
        <DELETED>    ``(2) improvement in the quality of 
        implementation, content of activities, and evaluation of 
        activities supported under this subpart; and</DELETED>
        <DELETED>    ``(3) integration of activities under this title 
        with other educational activities established by the local 
        educational agency.''.</DELETED>

<DELETED>SEC. 159. AMENDMENTS RELATING TO TRIBAL COLLEGES AND 
              UNIVERSITIES.</DELETED>

<DELETED>    Subpart 2 of part A of title VII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended--
</DELETED>
        <DELETED>    (1) in section 7121(b), by striking ``Indian 
        institution (including an Indian institution of higher 
        education)'' and inserting ``Tribal College or University, as 
        defined in section 316(b) of the Higher Education Act of 
        1965''; and</DELETED>
        <DELETED>    (2) in section 7122--</DELETED>
                <DELETED>    (A) in subsection (b)--</DELETED>
                        <DELETED>    (i) by striking paragraph (1) and 
                        inserting the following:</DELETED>
        <DELETED>    ``(1) a Tribal College or University, as defined 
        in section 316(b) of the Higher Education Act of 1965;''; 
        and</DELETED>
                        <DELETED>    (ii) in paragraph (4), by striking 
                        the period and inserting ``, in consortium with 
                        not less than 1 Tribal College or University, 
                        as defined in section 316(b) of the Higher 
                        Education Act of 1965.''; and</DELETED>
                <DELETED>    (B) in subsection (f)--</DELETED>
                        <DELETED>    (i) by redesignating paragraphs 
                        (1) and (2) as paragraphs (2) and (3), 
                        respectively;</DELETED>
                        <DELETED>    (ii) by inserting after ``the 
                        Secretary--'' the following:</DELETED>
        <DELETED>    ``(1) shall give priority to tribally chartered 
        institutions of higher education;'';</DELETED>
                        <DELETED>    (iii) in paragraph (2), as 
                        redesignated, by striking ``shall'' and 
                        inserting ``may''; and</DELETED>
                        <DELETED>    (iv) in paragraph (3), as 
                        redesignated, by striking ``basis of--'' and 
                        all that follows through ``grants'' and 
                        inserting ``basis of the length of any period 
                        during which the eligible entity has received a 
                        grant or grants''.</DELETED>

<DELETED>SEC. 160. TRIBAL EDUCATIONAL AGENCY COOPERATIVE 
              AGREEMENTS.</DELETED>

<DELETED>    Subpart 2 of part A of title VII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by 
adding at the end the following:</DELETED>

<DELETED>``SEC. 7123. TRIBAL EDUCATION AGENCY COOPERATIVE 
              AGREEMENTS.</DELETED>

<DELETED>    ``(a) In General.--Notwithstanding any other provision of 
this Act, an Indian tribe may enter into a cooperative agreement with a 
State educational agency or a local education agency that serves a 
school within the Indian lands of such Indian tribe.</DELETED>
<DELETED>    ``(b) Cooperative Agreement.--Upon the request of an 
Indian tribe that includes, within the Indian lands of the tribe, a 
school served by a State educational agency or a local educational 
agency that receives assistance under this Act, the State educational 
agency or local educational agency shall enter into a cooperative 
agreement with the Indian tribe with respect to such school. The Indian 
tribe and the State educational agency or local educational agency, as 
the case may be, shall determine the terms of the agreement, and the 
agreement may--</DELETED>
        <DELETED>    ``(1) authorize the tribal education agency of the 
        Indian tribe to plan, conduct, consolidate, and administer 
        programs, services, functions, and activities, or portions 
        thereof, administered by the State educational agency or local 
        educational agency; and</DELETED>
        <DELETED>    ``(2) authorize the tribal education agency to 
        reallocate funds for such programs, services, functions, and 
        activities, or portions thereof as necessary.</DELETED>
<DELETED>    ``(c) Disagreement.--If an Indian tribe has requested a 
cooperative agreement under subsection (b) with a State educational 
agency or local educational agency that receives assistance under this 
Act, and the Indian tribe and State educational agency or local 
educational agency cannot reach an agreement, the Indian tribe may 
submit to the Secretary the information that the Secretary determines 
relevant to make a determination. The Secretary shall provide notice to 
the affected State educational agency or local educational agency not 
later than 30 days after receiving the Indian tribe's submission. After 
such notice is made, the State educational agency or local educational 
agency has 30 days to submit information that the Secretary determines 
relevant in relation to the disagreement. After the 30 days provided to 
the State educational agency or local educational agency has elapsed, 
the Secretary shall make a determination.</DELETED>
<DELETED>    ``(d) Consortium of Tribes.--Nothing in this section shall 
preclude the development and submission of a single tribal education 
agencies pilot project cooperative agreement by the participating 
Indian tribes of an intertribal consortium.</DELETED>
<DELETED>    ``(e) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Indian land.--The term `Indian land' has the 
        meaning given that term in section 8013.</DELETED>
        <DELETED>    ``(2) Indian tribe.--The term `Indian tribe' means 
        any Indian tribe, band, nation, other organized group or 
        community, including any Native village or Regional Corporation 
        or Village Corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act, that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as 
        Indians.''.</DELETED>

<DELETED>SEC. 161. TRIBAL EDUCATION AGENCIES PILOT PROJECT.</DELETED>

<DELETED>    Subpart 2 of part A of title VII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is further 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 7124. TRIBAL EDUCATION AGENCIES PILOT 
              PROJECT.</DELETED>

<DELETED>    ``(a) Purpose.--There is established a pilot project to be 
known as the `Tribal Education Agency Pilot Project' that authorizes 
not more than 5 qualifying Indian tribes per year to be eligible to 
receive grants with the Secretary to administer State educational 
agency functions authorized under this Act for schools that meet the 
eligibility criteria described in subsection (e). These functions 
include all grants, including grants allocated through formulas and 
discretionary grants allocated on a competitive basis, that are awarded 
under this Act.</DELETED>
<DELETED>    ``(b) Planning Phase.--</DELETED>
        <DELETED>    ``(1) In general.--Each Indian tribe seeking to 
        participate in the Tribal Education Agencies Pilot Project 
        shall complete a planning phase. The planning phase shall 
        include--</DELETED>
                <DELETED>    ``(A) the development of an education plan 
                for the schools that meet the eligibility criteria 
                described in subsection (e) and that will be served 
                under the pilot project; and</DELETED>
                <DELETED>    ``(B) demonstrated coordination and 
                collaboration partnerships, including cooperative 
                agreements with each local educational agency that 
                serves a school meeting the criteria described in 
                subsection (e).</DELETED>
        <DELETED>    ``(2) Exemption.--The Secretary may waive the 
        planning phase, upon the application of an Indian tribe, if the 
        Indian tribe has--</DELETED>
                <DELETED>    ``(A) been operating a tribal education 
                agency successfully for 2 or more years; and</DELETED>
                <DELETED>    ``(B) can demonstrate compliance with the 
                fiscal accountability provision of 5(f)(1) of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450c(f)(1)), relating to the submission of a 
                single-agency audit report required by chapter 75 of 
                title 31, United States Code.</DELETED>
<DELETED>    ``(c) Funding Agreement.--After an Indian tribe has 
successfully completed the planning phase, the Secretary shall award a 
grant and enter into a funding agreement to the Indian tribe to enable 
the tribal education agency of the tribe to administer all State 
educational agency functions described in subsection (a) for the 
schools that meet the eligibility criteria described in subsection (e). 
Each funding agreement shall--</DELETED>
        <DELETED>    ``(1) identify the programs, services, functions, 
        and activities that the tribal education agency will be 
        administering for such schools;</DELETED>
        <DELETED>    ``(2) determine the amount of funds to be provided 
        to the Indian tribe by the allocations or grant amounts that 
        would otherwise be provided to the State educational agency, as 
        appropriate; and</DELETED>
        <DELETED>    ``(3) ensure that the Secretary provides such 
        funds directly to the tribe to administer such 
        programs.</DELETED>
<DELETED>    ``(d) Eligibility.--In order to serve a school through a 
funding agreement under this section, the Indian tribe shall 
demonstrate--</DELETED>
        <DELETED>    ``(1) that the school meets 1 or more of the 
        following criteria--</DELETED>
                <DELETED>    ``(A) the school is funded by the Bureau 
                of Indian Affairs, whether directly or through a 
                contract or compact with an Indian tribe or a tribal 
                consortium;</DELETED>
                <DELETED>    ``(B) the school receives payments under 
                title VII because of students living on Indian 
                land;</DELETED>
                <DELETED>    ``(C) the school is located on Indian 
                land;</DELETED>
                <DELETED>    ``(D) a majority of the students in the 
                school are American Indian or Alaska Native; 
                and</DELETED>
        <DELETED>    ``(2) that the Indian tribe--</DELETED>
                <DELETED>    ``(A) has the capacity to administer the 
                functions for which the tribe applies for such school, 
                including compliance with the fiscal accountability 
                provision of 5(f)(1) of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450c(f)(1)), 
                relating to the submission of a single-agency audit 
                report required by chapter 75 of title 31, United 
                States Code; and</DELETED>
                <DELETED>    ``(B) satisfies such other factors that 
                the Secretary deems appropriate.</DELETED>
<DELETED>    ``(e) Geographical Diversity.--In awarding grants under 
this section, the Secretary shall ensure that grants are provided and 
grant amounts are used in a manner that results in national geographic 
diversity among Indian tribes applying for grants under this 
section.</DELETED>
<DELETED>    ``(f) Consortium of Tribes.--Nothing in this section shall 
preclude the development and submission of a single tribal education 
agencies pilot project by the participating Indian tribes of an 
intertribal consortium.</DELETED>
<DELETED>    ``(g) Reporting Requirements.--The Secretary shall submit 
to Congress a written report 3 years after the date of enactment of 
this Act that--</DELETED>
        <DELETED>    ``(1) identifies the relative costs and benefits 
        of tribal education agencies, as demonstrated by the 
        grants;</DELETED>
        <DELETED>    ``(2) identifies the funds transferred to each 
        tribal education agency and the corresponding reduction in the 
        Federal bureaucracy; and</DELETED>
        <DELETED>    ``(3) includes the separate views of each Indian 
        tribe participating in the pilot project.</DELETED>
<DELETED>    ``(h) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Indian land.--The term `Indian land' has the 
        meaning given that term in section 8013.</DELETED>
        <DELETED>    ``(2) Indian tribe.--The term `Indian tribe' means 
        any Indian tribe, band, nation, other organized group or 
        community, including any Native village or Regional Corporation 
        or Village Corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act, that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as 
        Indians.</DELETED>
<DELETED>    ``(i) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this section $25,000,000 for 
fiscal year 2012 and each of the 5 succeeding fiscal 
years.''.</DELETED>

<DELETED>SEC. 162. IMPROVE SUPPORT FOR TEACHERS AND ADMINISTRATORS OF 
              NATIVE AMERICAN STUDENTS.</DELETED>

<DELETED>    Subpart 2 of part A of title VII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by 
adding at the end the following:</DELETED>

<DELETED>``SEC. 7125. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS 
              AND ADMINISTRATORS OF NATIVE AMERICAN STUDENTS.</DELETED>

<DELETED>    ``(a) Grants Authorized.--The Secretary shall award grants 
to eligible entities to enable such entities to create or expand a 
teacher or administrator, or both, pipeline for teachers and 
administrators of Native American students.</DELETED>
<DELETED>    ``(b) Eligible Entity.--In this section, the term 
`eligible entity' means--</DELETED>
        <DELETED>    ``(1) a local educational agency;</DELETED>
        <DELETED>    ``(2) an institution of higher education; 
        or</DELETED>
        <DELETED>    ``(3) a nonprofit organization.</DELETED>
<DELETED>    ``(c) Priority.--In awarding grants under this section, 
the Secretary shall give priority to Tribal Colleges and Universities 
(as defined in section 316 of the Higher Education Act of 
1965).</DELETED>
<DELETED>    ``(d) Activities.--An eligible entity that receives a 
grant under this section shall create a program that shall prepare, 
recruit, and provide continuing education for teachers and 
administrators of Native American students, in particular for teachers 
of--</DELETED>
        <DELETED>    ``(1) science, technology, engineering, and 
        mathematics;</DELETED>
        <DELETED>    ``(2) subjects that lead to health professions; 
        and</DELETED>
        <DELETED>    ``(3) green skills and `middle skills', including 
        electrical, welding, technology, plumbing, and green 
        jobs.</DELETED>
<DELETED>    ``(e) Incentives for Teachers and Administrators.--An 
eligible entity that receives a grant under this section may provide 
incentives to teachers and principals who make a commitment to serve 
high-need, high-poverty, tribal schools, including in the form of 
scholarships, loan forgiveness, incentive pay, or housing 
allowances.</DELETED>
<DELETED>    ``(f) School and Community Orientation.--An eligible 
entity that receives a grant under this section shall develop an 
evidence-based, culturally-based school and community orientation for 
new teachers and administrators of Native American 
students.''.</DELETED>

<DELETED>SEC. 163. NATIONAL BOARD CERTIFICATION INCENTIVE DEMONSTRATION 
              PROGRAM.</DELETED>

<DELETED>    Subpart 2 of part A of title VII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is further 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 7126. NATIONAL BOARD CERTIFICATION INCENTIVE 
              DEMONSTRATION PROGRAM.</DELETED>

<DELETED>    ``(a) Purposes.--The purposes of this section are--
</DELETED>
        <DELETED>    ``(1) to improve the skills of qualified 
        individuals that teach Indian people; and</DELETED>
        <DELETED>    ``(2) to provide an incentive for qualified 
        teachers to continue to utilize their enhanced skills in 
        schools serving Indian communities.</DELETED>
<DELETED>    ``(b) Eligible Entities.--For the purpose of this section, 
the term `eligible entity' means--</DELETED>
        <DELETED>    ``(1) a State educational agency or local 
        educational agency, in consortium with an institution of higher 
        education;</DELETED>
        <DELETED>    ``(2) an Indian tribe or organization, in 
        consortium with a local educational agency; or</DELETED>
        <DELETED>    ``(3) a Bureau-funded school (as defined in 
        section 1146 of the Education Amendments of 1978).</DELETED>
<DELETED>    ``(c) Program Authorized.--For fiscal years 2012 through 
2018, the Secretary is authorized to award grants to eligible entities 
having applications approved under this section to enable those 
entities to--</DELETED>
        <DELETED>    ``(1) reimburse individuals who teach Indian 
        people with out-of-pocket costs associated with obtaining 
        National Board Certification; and</DELETED>
        <DELETED>    ``(2) providing a minimum of $5,000 but not more 
        than a $10,000 increase in annual compensation for National 
        Board Certified individuals for the duration of the 
        Demonstration Project.</DELETED>
<DELETED>    ``(d) Application.--Each eligible entity desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information, as the 
Secretary may require. In reviewing applications under this section, 
the Secretary shall ensure that the eligible entities--</DELETED>
        <DELETED>    ``(1) are located within the boundaries of a 
        reservation; and</DELETED>
        <DELETED>    ``(2) maintain an average enrollment of at least 
        30 percent of students that reside within the boundaries of a 
        reservation.</DELETED>
<DELETED>    ``(e) Restrictions on Compensation Increases.--The 
Secretary shall require and ensure that National Board Certified 
individuals continue to teach at the eligible entity as a condition of 
receiving annual compensation increases provided for in this 
section.</DELETED>
<DELETED>    ``(f) Progress Reports.--In fiscal years 2015 and 2018, 
the Comptroller General of the United States shall provide a report on 
the progress of the entities receiving awards in meeting applicable 
progress standards.''.</DELETED>

<DELETED>SEC. 164. TRIBAL LANGUAGE IMMERSION SCHOOLS.</DELETED>

<DELETED>    Subpart 2 of part A of title VII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is further 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 7127. TRIBAL LANGUAGE IMMERSION SCHOOLS.</DELETED>

<DELETED>    ``(a) Purpose.--It is the purpose of this section to 
establish a grant program to permit eligible schools to use American 
Indian, Alaska Native, and Native Hawaiian languages as the primary 
language of instruction of all curriculum taught at the schools 
(referred to in this section as `immersion schools') in order to 
increase the number of American Indian, Alaska Native, and Native 
Hawaiian graduates at all levels of education, and to increase the 
proficiencies of these students in the curriculum being 
taught.</DELETED>
<DELETED>    ``(b) Program Authorized.--From the amounts made available 
to carry out this section, the Secretary may award grants to eligible 
schools to develop and maintain, or to improve and expand, programs 
that support articulated Native language learning in kindergarten 
through postsecondary education programs.</DELETED>
<DELETED>    ``(c) Eligible School; Definition.--In this section--
</DELETED>
        <DELETED>    ``(1) the term `eligible school' means a school 
        that provides elementary or secondary education or a Tribal 
        College or University, including an elementary or secondary 
        school operated by a Tribal College or University, that has, or 
        can present a plan for development of, an immersion school or 
        courses in which instruction is provided for a minimum 900 
        hours per academic year; and</DELETED>
        <DELETED>    ``(2) the term `Tribal College or University' has 
        the meaning given that term in section 316(b) of the Higher 
        Education Act of 1965.</DELETED>
<DELETED>    ``(d) Application.--An eligible school seeking a grant 
under this section shall submit an application to the Secretary at such 
time and in such manner as the Secretary may require, that includes the 
following information:</DELETED>
        <DELETED>    ``(1) The number of students attending the 
        school.</DELETED>
        <DELETED>    ``(2) The number of present hours of tribal 
        language instruction being provided to students at the school, 
        if any.</DELETED>
        <DELETED>    ``(3) The status of school with regard to any 
        applicable Tribal Education Department or agency, public 
        education system, or accrediting body.</DELETED>
        <DELETED>    ``(4) A statement that the school is engaged in 
        meeting targeted proficiency levels for students as may be 
        required by applicable Federal, State, or tribal law.</DELETED>
        <DELETED>    ``(5) A statement identifying how the proficiency 
        levels for students being educated, or to be educated, at the 
        tribal language immersion school are, or will be, 
        assessed.</DELETED>
        <DELETED>    ``(6) A list of the instructors at the tribal 
        language immersion school and their qualifications.</DELETED>
        <DELETED>    ``(7) A list of any partners or subcontractors 
        with the tribal language immersion school who may assist in the 
        provision of instruction in the immersion setting, and the role 
        of such partner or subcontractor.</DELETED>
        <DELETED>    ``(8) Any other information that the Secretary may 
        require.</DELETED>
<DELETED>    ``(e) Additional Eligibility Requirements.--When 
submitting an application for a grant under this section, each eligible 
school shall submit:</DELETED>
        <DELETED>    ``(1) A certificate from a federally recognized 
        Indian tribe, or a letter from any organized American Indian, 
        Alaska Native, or Native Hawaiian community, on whose lands the 
        school is located, or which is served by the school, or from a 
        tribally controlled college or university (as defined in 
        section 2 of the Tribally Controlled College or University 
        Assistance Act of 1978) that is operating the school, 
        indicating that the school has the capacity to provide language 
        immersion education and that there are sufficient native 
        speakers at the school or available to be hired by the school 
        who are trained as educators who can provide the education 
        services required by the school in the native language used at 
        the immersion school and who will satisfy any requirements of 
        any applicable law for educators generally.</DELETED>
        <DELETED>    ``(2) An assurance that the school will 
        participate in data collection conducted by the Secretary that 
        will determine best practices and further academic evaluation 
        of the immersion school.</DELETED>
        <DELETED>    ``(3) A demonstration of the capacity to have 
        native language speakers provide the basic education offered by 
        the school for the minimum 900 hours per academic year as 
        required under the grant.</DELETED>
<DELETED>    ``(f) Activities Authorized.--The following activities are 
the activities that may be carried out by the eligible schools that 
receive a grant under this section:</DELETED>
        <DELETED>    ``(1) Development of an articulated instructional 
        curriculum for the language of the tribe, American Indian, 
        Alaska Native, or Hawaiian community served by the school 
        applying for the grant.</DELETED>
        <DELETED>    ``(2) In-service and preservice development of 
        teachers and paraprofessionals who will be providing the 
        instruction in the native language involved.</DELETED>
        <DELETED>    ``(3) Development of contextual, experiential 
        programs, and curriculum materials related to the indigenous 
        language of the community which the immersion school 
        serves.</DELETED>
<DELETED>    ``(g) Number, Amount, and Diversity of Languages in 
Grants.--Based on the amount appropriated by Congress as authorized by 
this section, and the number of eligible schools applying for a grant 
under this section, the Secretary may determine the amounts and length 
of each grant made under this section and shall ensure, to the maximum 
extent practicable, that diversity in languages is represented in such 
grants.</DELETED>
<DELETED>    ``(h) Report to Secretary.--Each eligible school receiving 
a grant under this section shall provide an annual report to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.</DELETED>
<DELETED>    ``(i) Authorization of Appropriations.--Notwithstanding 
any other section authorizing funds to be appropriated for carrying out 
the purposes of this title, there is authorized to be appropriated to 
carry out this section $5,000,000 for the first full fiscal year 
following the date of enactment of this section, and such sums as are 
necessary in the 4 following fiscal years.''.</DELETED>

<DELETED>SEC. 165. COORDINATION OF INDIAN STUDENT 
              INFORMATION.</DELETED>

<DELETED>    Subpart 3 of part A of title VII of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7451 et seq.) is amended by 
adding at the end the following:</DELETED>

<DELETED>``SEC. 7137. COORDINATION OF INDIAN STUDENT 
              INFORMATION.</DELETED>

<DELETED>    ``(a) Purpose.--Consonant with the United States' unique 
and continuing trust responsibility to Indian people for the education 
of Indian children as described in section 7101, it is the purpose of 
this section to enable the Secretary to establish or improve the 
effectiveness and efficiency of programs for coordination among 
educational agencies and schools for the linkage and exchange of 
student records of Indian children.</DELETED>
<DELETED>    ``(b) Grants Authorized.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, in consultation 
        with the Secretary of the Interior, the States, and Indian 
        tribes, is authorized to make grants to, or enter into 
        contracts with, State educational agencies, local educational 
        agencies, Indian tribes, Indian organizations, tribal education 
        agencies, institutions of higher education, other public and 
        private nonprofit organizations, and consortia of all such 
        entities, to improve the collection, coordination, and 
        electronic exchange of Indian student records between State 
        educational agencies, local educational agencies, and 
        elementary schools and secondary schools funded by the Bureau 
        of Indian Education.</DELETED>
        <DELETED>    ``(2) Preference.--In awarding grants under this 
        section, the Secretary shall give preference to--</DELETED>
                <DELETED>    ``(A) entities that are Indian tribes, 
                Indian organizations, tribal education agencies; 
                or</DELETED>
                <DELETED>    ``(B) consortia that include 1 or more 
                such entities.</DELETED>
        <DELETED>    ``(3) Grant duration.--Each grant awarded under 
        this section shall be for a duration of not more than 5 
        years.</DELETED>
<DELETED>    ``(c) Assistance.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall assist the 
        Secretary of the Interior, the States, and elementary schools 
        and secondary schools funded by the Bureau of Indian Education 
        in developing effective methods for--</DELETED>
                <DELETED>    ``(A) the electronic transfer of student 
                records of Indian children;</DELETED>
                <DELETED>    ``(B) the determination of the number of 
                Indian children in each State, disaggregated by the 
                local educational agency in which such children reside; 
                and</DELETED>
                <DELETED>    ``(C) the determination of the extent to 
                which Indian children under the age of 18 who have not 
                achieved a secondary school diploma are not enrolled in 
                any school.</DELETED>
        <DELETED>    ``(2) Information systems.--</DELETED>
                <DELETED>    ``(A) In general.--Using amounts made 
                available under subsection (e), the Secretary, in 
                consultation with the Secretary of the Interior, the 
                States, and elementary schools and secondary schools 
                funded by the Bureau of Indian Education, shall award 
                grants or contracts to, or enter agreements with, State 
                educational agencies and local educational agencies, 
                and provide funds to the Secretary of the Interior in 
                accordance with subsection (d) in order to ensure the 
                linkage of Indian student records systems for the 
                purpose of electronically exchanging, among and between 
                State educational agencies, local educational agencies, 
                and schools, health and educational information 
                regarding all Indian students. The Secretary of 
                Education shall ensure such linkage occurs in a cost-
                effective manner, and to the extent practicable, 
                utilizes systems, if any, used prior to the date of 
                enactment of this section.</DELETED>
                <DELETED>    ``(B) Data elements.--The Secretary shall 
                identify the data elements that each State receiving 
                assistance under this subsection and the Secretary of 
                the Interior shall collect and maintain for each Indian 
                student enrolled in a school, which, at a minimum, 
                shall include--</DELETED>
                        <DELETED>    ``(i) the student's enrollment and 
                        disenrollment in any elementary and secondary 
                        school, and the grade levels successfully 
                        completed at such school;</DELETED>
                        <DELETED>    ``(ii) the student's immunization 
                        records and other health information;</DELETED>
                        <DELETED>    ``(iii) the student's elementary 
                        and secondary academic history (including 
                        partial credit), credit accrual, and results 
                        from any assessments required by Federal 
                        law;</DELETED>
                        <DELETED>    ``(iv) other academic information 
                        essential to ensuring that Indian children 
                        achieve high standards; and</DELETED>
                        <DELETED>    ``(v) the student's eligibility 
                        for services under the Individuals with 
                        Disabilities Education Act.</DELETED>
                <DELETED>    ``(C) Notice and comment.--After 
                fulfilling the consultation required under subparagraph 
                (A), the Secretary shall publish a notice in the 
                Federal Register seeking public comment on the proposed 
                data elements that the Secretary of the Interior and 
                each State shall be required to collect for purposes of 
                electronic transfer of Indian student information with 
                respect to schools assisted under this Act and the 
                requirements the Secretary of the Interior and the 
                States shall meet for immediate electronic access to 
                such information. Such publication shall occur not 
                later than 180 days after the date of enactment of this 
                section.</DELETED>
        <DELETED>    ``(3) No cost for certain transfers.--A State 
        educational agency or local educational agency receiving 
        assistance under this Act, or an elementary school or secondary 
        school funded by the Bureau of Indian Education, shall make 
        student records available at request of any other educational 
        agency or school at no cost to the requesting agency or school 
        if the request is made in order to meet the needs of an Indian 
        child who is enrolled, or was enrolled, in the school receiving 
        assistance under this Act.</DELETED>
<DELETED>    ``(d) Report to Congress.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 2 years after 
        the date of enactment of this section, the Secretary shall 
        prepare and submit, to the Committee on Health, Education, 
        Labor, and Pensions and the Committee on Indian Affairs of the 
        Senate, and the Committee on Education and the Workforce of the 
        House of Representatives a report--</DELETED>
                <DELETED>    ``(A) describing the status of the 
                implementation of this section; and</DELETED>
                <DELETED>    ``(B) including recommendations from the 
                Secretary and the Secretary of the Interior regarding 
                the collection, coordination and exchange of health and 
                educational information on Indian children by the 
                Secretary of the Interior, the States, and elementary 
                schools and secondary schools funded by the Bureau of 
                Indian Education.</DELETED>
        <DELETED>    ``(2) Required contents.--The Secretary shall 
        include in the report and recommendations described in 
        paragraph (1)--</DELETED>
                <DELETED>    ``(A) a report on the progress made by the 
                Secretary of the Interior, the States, and elementary 
                schools and secondary schools funded by the Bureau of 
                Indian Education in developing and linking electronic 
                records transfer systems;</DELETED>
                <DELETED>    ``(B) recommendations for the development, 
                linkage, and maintenance of such systems;</DELETED>
                <DELETED>    ``(C) recommendations for measures that 
                may be taken to ensure the continuity and enhancement 
                of services to Indian students;</DELETED>
                <DELETED>    ``(D) a report from the Secretary of the 
                Interior describing the extent to which funding 
                supplied to elementary schools and secondary schools 
                funded by the Bureau of Indian Education pursuant to 
                subsection (e)(2)(B) is sufficient to enable those 
                schools to develop and operate electronic records 
                transfer systems; and</DELETED>
                <DELETED>    ``(E) a report on recommendations made by 
                Indian tribes, Indian organizations, tribal departments 
                of education, and elementary schools and secondary 
                schools funded by the Bureau of Indian Education, and 
                consortia of such entities, regarding implementation of 
                this section and the extent to which such 
                recommendations were taken into account.</DELETED>
        <DELETED>    ``(3) Publication in federal register.--Not later 
        than 14 days after the report described in paragraph (1) is 
        submitted to Congress, the Secretary shall publish such report 
        in the Federal Register.</DELETED>
<DELETED>    ``(e) Availability of Funds.--</DELETED>
        <DELETED>    ``(1) Reservation.--For the purpose of carrying 
        out this section in any fiscal year, the Secretary shall 
        reserve $20,000,000 of the amount appropriated pursuant to 
        subsection (c) of section 7152.</DELETED>
        <DELETED>    ``(2) Allotment for the secretary of the 
        interior.--</DELETED>
                <DELETED>    ``(A) In general.--From the amounts 
                reserved pursuant to paragraph (1), the Secretary shall 
                transfer to the Secretary of the Interior $8,000,000 
                for each fiscal year to be used as described in 
                subparagraph (B).</DELETED>
                <DELETED>    ``(B) Distribution and use of funds.--The 
                Secretary of the Interior shall distribute all funds 
                transferred pursuant to subparagraph (A) to elementary 
                schools and secondary schools funded by the Bureau of 
                Indian Education for use by such schools to pay the 
                costs of establishing and participating in systems for 
                the orderly linkage and exchange of student records of 
                Indian children. To facilitate such establishment and 
                participation by such schools, the Secretary of the 
                Interior shall, at the request of any such school, 
                supply technical assistance. Amounts required to be 
                supplied to elementary and secondary schools operated 
                by Indian tribes or tribal organizations pursuant to 
                contracts issued under authority of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.) or pursuant to grants issued under 
                authority of the Tribally Controlled Schools Act (25 
                U.S.C. 2501 et seq.) shall be added to the respective 
                contracts or grants of such tribes or tribal 
                organizations.</DELETED>
<DELETED>    ``(f) Data Collection.--The Secretary shall direct the 
National Center for Education Statistics to collect data on Indian 
children.</DELETED>
<DELETED>    ``(g) Authorization of Appropriations.--For the purpose of 
carrying out this section, there are authorized to be appropriated 
$20,000,000 for fiscal year 2012 and each of the 5 succeeding fiscal 
years.''.</DELETED>

<DELETED>SEC. 166. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    Section 7152 (20 U.S.C. 7492) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.</DELETED>

<DELETED>    ``(a) Subpart 1.--For the purpose of carrying out subpart 
1, there are authorized to be appropriated $130,000,000 for fiscal year 
2012 and such sums as may be necessary for each of the 5 succeeding 
fiscal years.</DELETED>
<DELETED>    ``(b) Subpart 2.--For the purpose of carrying out subpart 
2, there are authorized to be appropriated $50,000,000 for fiscal year 
2012 and such sums as may be necessary for each of the 5 succeeding 
fiscal years.</DELETED>
<DELETED>    ``(c) Subpart 3.--For the purpose of carrying out subpart 
3, there are authorized to be appropriated $25,000,000 for fiscal year 
2012 and such sums as may be necessary for each of the 5 succeeding 
fiscal years.''.</DELETED>

               <DELETED>Subtitle F--Impact Aid</DELETED>

<DELETED>SEC. 171. IMPACT AID.</DELETED>

<DELETED>    Section 8004 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7704) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (2), by inserting ``, 
                prior to any final decision by the agency on how funds 
                received under section 8003 will be spent'' after 
                ``benefits of such programs and activities'';</DELETED>
                <DELETED>    (B) in paragraph (5)--</DELETED>
                        <DELETED>    (i) by inserting ``local 
                        education'' after ``to such''; and</DELETED>
                        <DELETED>    (ii) by inserting ``, prior to any 
                        final decision by the agency on how funds 
                        received under section 8003 will be spent'' 
                        after ``educational program'';</DELETED>
        <DELETED>    (2) by redesignating subsections (c) through (f) 
        as subsections (d) through (g), respectively;</DELETED>
        <DELETED>    (3) by inserting after subsection (b) the 
        following:</DELETED>
<DELETED>    ``(c) Annual Summary.--On an annual basis, a local 
educational agency that claims children residing on Indian lands for 
the purpose of receiving funds under section 8003 shall provide Indian 
tribes with--</DELETED>
        <DELETED>    ``(1) a summary of programs and activities that 
        were created for the claimed children, or in which the claimed 
        children participate; and</DELETED>
        <DELETED>    ``(2) the funding received under section 8003 in 
        the prior and current fiscal years attributable to such claimed 
        children.''; and</DELETED>
        <DELETED>    (4) by inserting after subsection (g), as so 
        redesignated, the following:</DELETED>
<DELETED>    ``(h) Timely Payments.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraph (2), the 
        Secretary shall pay a local educational agency that claims 
        children residing on Indian lands for the purpose of receiving 
        funds under section 8003 the full amount that the agency is 
        eligible to receive under this title for a fiscal year not 
        later than September 30 of the second fiscal year following the 
        fiscal year for which such amount has been appropriated if, not 
        later than 1 calendar year following the fiscal year in which 
        such amount has been appropriated, such local educational 
        agency submits to the Secretary all the data and information 
        necessary for the Secretary to pay the full amount that the 
        agency is eligible to receive under this title for such fiscal 
        year.</DELETED>
        <DELETED>    ``(2) Payments with respect to fiscal years in 
        which insufficient funds are appropriated.--For a fiscal year 
        in which the amount appropriated under section 8014 is 
        insufficient to pay the full amount a local educational agency 
        is eligible to receive under this title, paragraph (1) shall be 
        applied by substituting `is available to pay the agency' for 
        `the agency is eligible to receive' each place it 
        appears.''.</DELETED>

           <DELETED>Subtitle G--General Provisions</DELETED>

<DELETED>SEC. 181. HIGHLY QUALIFIED DEFINITION.</DELETED>

<DELETED>    Section 9109(23) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801(23)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (B)(ii)(II), by striking ``; 
        and'' and inserting a semicolon;</DELETED>
        <DELETED>    (2) in subparagraph (C)(ii)(VII), by striking the 
        period and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(D) when used with respect to any public 
                elementary school or secondary school teacher teaching 
                Native American language, history, or culture in a 
                State or any Bureau of Indian Affairs funded or 
                operated school, means a teacher certified by an Indian 
                tribe as highly qualified to teach such 
                subjects.''.</DELETED>

<DELETED>SEC. 182. APPLICABILITY OF ESEA TO BUREAU OF INDIAN EDUCATION 
              SCHOOLS.</DELETED>

<DELETED>    Section 9103 (20 U.S.C. 7821) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION 
              SCHOOLS.</DELETED>

<DELETED>    ``(a) In General.--For the purpose of any competitive 
program under this Act, a school described in subsection (b) shall have 
the same eligibility for and be given the same consideration as a local 
educational agency with regard to such program.</DELETED>
<DELETED>    ``(b) Description of Schools.--A school described in this 
subsection is--</DELETED>
        <DELETED>    ``(1) a school funded by the Bureau of Indian 
        Education (including a school operated under a contract or 
        grant with the Bureau of Indian Education), or a consortium of 
        such schools; or</DELETED>
        <DELETED>    ``(2) a school funded by the Bureau of Indian 
        Education in consortium with an Indian tribe, institution of 
        higher education, tribal organization or community 
        organization.</DELETED>
<DELETED>    ``(c) Outreach.--The Secretary shall perform outreach to 
schools and consortia described in subsection (b) to encourage such 
schools and consortia to apply for each competitive program under this 
Act, and shall provide technical assistance as needed to enable such 
schools and consortia to submit applications for such 
programs.</DELETED>
<DELETED>    ``(d) Collaboration.--The Secretary shall collaborate with 
the Secretary of the Interior to provide training and technical 
assistance to the Bureau of Indian Education, Indian tribes, and 
schools operated under contracts and grants from the Bureau of Indian 
Education, regarding--</DELETED>
        <DELETED>    ``(1) curriculum selection, including development 
        of culturally appropriate curricula;</DELETED>
        <DELETED>    ``(2) the development and use of appropriate 
        assessments; and</DELETED>
        <DELETED>    ``(3) effective instructional 
        practices.''.</DELETED>

<DELETED>SEC. 183. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, 
              SCHOOLS SERVED BY THE BUREAU OF INDIAN EDUCATION, AND 
              NATIVE AMERICAN STUDENTS.</DELETED>

<DELETED>    (a) Technical Assistance and Capacity Building.--Subpart 2 
of part E of title IX of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 9537. TECHNICAL ASSISTANCE AND CAPACITY BUILDING FOR 
              TRIBAL SCHOOLS AND SCHOOLS SERVED BY THE BUREAU OF INDIAN 
              EDUCATION.</DELETED>

<DELETED>    ``Notwithstanding any other provision of this Act, the 
Secretary shall ensure that any program supported with funds provided 
under this Act that awards grants, contracts, or other assistance to 
public schools, provides a 1 percent reservation for technical 
assistance or capacity building for tribal schools or schools served by 
the Bureau of Indian Education to ensure such tribal schools or schools 
served by the Bureau of Indian Education are provided the assistance to 
compete for such grants, contracts, or other assistance.''.</DELETED>

         <DELETED>TITLE II--AMENDMENTS TO OTHER LAWS</DELETED>

<DELETED>SEC. 201. AMENDMENTS TO THE AMERICAN RECOVERY AND REINVESTMENT 
              ACT OF 2009 TO PROVIDE FUNDING FOR INDIAN 
              PROGRAMS.</DELETED>

<DELETED>    Title XIV of Division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 279) is amended--
</DELETED>
        <DELETED>    (1) by striking subsection (a) of section 14001 
        and inserting the following:</DELETED>
<DELETED>    ``(a) Outlying Areas; Bureau of Indian Education.--
</DELETED>
        <DELETED>    ``(1) Outlying areas.--From the amount 
        appropriated to carry out this title, the Secretary of 
        Education shall first allocate up to one-half of one percent to 
        the outlying areas on the basis of their respective needs, as 
        determined by the Secretary, in consultation with the Secretary 
        of the Interior, for activities consistent with this title 
        under such terms and conditions as the Secretary may 
        determine.</DELETED>
        <DELETED>    ``(2) Bureau of indian education.--From the 
        amounts appropriated to carry out section 14006 and section 
        14007, the Secretary of Education shall allocate not less than 
        1 percent, but not more than 5 percent, to the schools funded 
        by the Bureau of Indian Education on the basis of their 
        respective needs, as determined by the Secretary of Education, 
        in consultation with the Secretary of the Interior, for 
        activities consistent with such sections under such terms and 
        conditions as the Secretary may determine.''; and</DELETED>
        <DELETED>    (2) in section 14005(d), by striking paragraph (6) 
        (as added by section 1832(b) of the Department of Defense and 
        Full-Year Continuing Appropriations Act, 2011 (Public Law 112-
        10, 125 Stat. 164)) and inserting the following:</DELETED>
        <DELETED>    ``(6) Improving early childhood care and 
        education.--The State will take actions to--</DELETED>
                <DELETED>    ``(A) increase the number and percentage 
                of low-income and disadvantaged children in each age 
                group of infants, toddlers, and preschoolers who are 
                enrolled in high-quality early learning 
                programs;</DELETED>
                <DELETED>    ``(B) design and implement an integrated 
                system of high-quality early learning programs and 
                services;</DELETED>
                <DELETED>    ``(C) in collaboration with Indian tribes 
                in the State, ensure that the actions described in (A) 
                and (B) are taken to ensure that high-quality early 
                learning programs and services are provided to Indian 
                children in the State, which may be accomplished 
                through subgrants to such tribes; and</DELETED>
                <DELETED>    ``(D) ensure that any use of assessments 
                conforms with the recommendations of the National 
                Research Council's reports on early 
                childhood.''.</DELETED>

<DELETED>SEC. 202. QUALIFIED SCHOLARSHIPS FOR EDUCATION AND CULTURAL 
              BENEFITS.</DELETED>

<DELETED>    (a) In General.--Section 117 of the Internal Revenue Code 
of 1986 is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(e) Indian Education and Cultural Benefits.--</DELETED>
        <DELETED>    ``(1) In general.--Except as otherwise provided in 
        this subsection, gross income does not include the value of--
        </DELETED>
                <DELETED>    ``(A) any qualified Indian education 
                benefit, or</DELETED>
                <DELETED>    ``(B) any qualified Indian cultural 
                benefit.</DELETED>
        <DELETED>    ``(2) Qualified indian education benefit.--For 
        purposes of this subsection, the term `qualified Indian 
        education benefit' means--</DELETED>
                <DELETED>    ``(A) any educational grant or benefit 
                provided, directly or indirectly, to a member of an 
                Indian tribe, including a spouse or dependent of such a 
                member, by the Federal Government through a grant to or 
                a contract or compact with an Indian tribe or tribal 
                organization or through a third-party program funded by 
                the Federal Government, and</DELETED>
                <DELETED>    ``(B) any educational grant or benefit 
                provided or purchased by an Indian tribe or tribal 
                organization to or for a member of an Indian tribe, 
                including a spouse or dependent of such a 
                member.</DELETED>
        <DELETED>    ``(3) Qualified indian cultural benefit.--For 
        purposes of this subsection, the term `qualified Indian 
        cultural benefit' means--</DELETED>
                <DELETED>    ``(A) any grant or benefit provided, 
                directly or indirectly, to a member of an Indian tribe, 
                including a spouse or dependent of such a member, by 
                the Federal Government through a grant to or a contract 
                or compact with an Indian tribe or tribal organization 
                or through a third-party program funded by the Federal 
                Government, for the study of the language, culture, and 
                ways of life of the tribe, and</DELETED>
                <DELETED>    ``(B) any grant or benefit provided or 
                purchased by an Indian tribe or tribal organization to 
                or for a member of an Indian tribe, including a spouse 
                or dependent of such a member, for the study of the 
                language, culture, and ways of life of the 
                tribe.</DELETED>
        <DELETED>    ``(4) Definitions.--For purposes of this 
        subsection--</DELETED>
                <DELETED>    ``(A) Indian tribe.--The term `Indian 
                tribe' has the meaning given such term by section 
                45A(c)(6).</DELETED>
                <DELETED>    ``(B) Tribal organization.--The term 
                `tribal organization' has the meaning given such term 
                by section 4(l) of the Indian Self-Determination and 
                Education Assistance Act.</DELETED>
                <DELETED>    ``(C) Dependent.--The term `dependent' has 
                the meaning given such term by section 152, determined 
                without regard to subsections (b)(1), (b)(2), and 
                (d)(1)(B) thereof.</DELETED>
        <DELETED>    ``(5) Denial of double benefit.--This subsection 
        shall not apply to the amount of any qualified Indian education 
        benefit or qualified Indian cultural benefit which is not 
        includible in gross income of the beneficiary of such benefit 
        by reason of any other provision of this title, or to the 
        amount of any such benefit for which a deduction is allowed to 
        such beneficiary under any other provision of this 
        title.''.</DELETED>
<DELETED>    (b) Effective Date.--The amendment made by this section 
shall apply to amounts received after the date of the enactment of this 
Act.</DELETED>

<DELETED>SEC. 203. TRIBAL EDUCATION POLICY ADVISORY GROUP.</DELETED>

<DELETED>    Section 1126 of the Education Amendments of 1978 (25 
U.S.C. 2006) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(h) Tribal Education Policy Advisory Group.--</DELETED>
        <DELETED>    ``(1) Establishment.--Not later than 120 days 
        after the date of enactment of this subsection, the Secretary, 
        acting through the Assistant Secretary for Indian Affairs, 
        shall establish a Tribal Education Policy Advisory Group 
        (referred to in this subsection as the `TEPAG') to advise the 
        Secretary and the Assistant Secretary on all policies, 
        guidelines, programmatic issues, and budget development for the 
        school system funded by the Bureau of Indian 
        Education.</DELETED>
        <DELETED>    ``(2) Duties.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary shall 
                consult with the TEPAG prior to proposing any 
                regulations, establishing or changing any policies, or 
                submitting any budget proposal applicable to the Bureau 
                of Indian Education school system.</DELETED>
                <DELETED>    ``(B) Recommendations.--The Secretary 
                shall include in the proposed budget developed annually 
                for the Bureau of Indian Education any recommendations 
                made by the TEPAG resulting from the consultation under 
                subparagraph (A).</DELETED>
                <DELETED>    ``(C) Supplement, not supplant.--The 
                consultation required by subparagraph (A) shall be in 
                addition to and shall not replace the consultation 
                requirement of section 1131.</DELETED>
        <DELETED>    ``(3) Composition.--</DELETED>
                <DELETED>    ``(A) In general.--The TEPAG shall be 
                composed of 26 members, who shall be selected in 
                accordance with subparagraphs (B) through 
                (D).</DELETED>
                <DELETED>    ``(B) Tribal members.--</DELETED>
                        <DELETED>    ``(i) In general.--The TEPAG shall 
                        be composed of 22 elected or appointed tribal 
                        officials (or designated employees of the 
                        officials with authority to act on behalf of 
                        the officials), one from each education line 
                        office of the Bureau of Indian Education, who 
                        shall act as principal members of the 
                        TEPAG.</DELETED>
                        <DELETED>    ``(ii) Selection process.--The 
                        tribes and schools served by each education 
                        line office shall establish a process to select 
                        the principal member and alternate member of 
                        that education line office to TEPAG.</DELETED>
                        <DELETED>    ``(iii) Alternates.--The alternate 
                        member of an education line office selected 
                        under clause (ii) may participate in TEPAG 
                        meetings in the absence of the principal member 
                        of that education line office.</DELETED>
                <DELETED>    ``(C) National tribal organization 
                member.--The Secretary shall appoint a principal member 
                and an alternate member to the TEPAG from among 
                national organizations comprised of Indian tribes, who 
                shall be elected or appointed tribal officials (or 
                designated employees of the officials with authority to 
                act on behalf of the officials).</DELETED>
                <DELETED>    ``(D) Federal members.--The Secretary, the 
                Assistant Secretary for Indian Affairs, and the 
                Director of the Bureau of Indian Education shall be ex-
                officio members of the TEPAG.</DELETED>
        <DELETED>    ``(4) Administration.--</DELETED>
                <DELETED>    ``(A) Meetings.--The TEPAG shall meet in 
                person not less than 3 times per fiscal year and may 
                hold additional meetings by telephone conference 
                call.</DELETED>
                <DELETED>    ``(B) Protocols.--The Secretary and the 
                TEPAG shall jointly develop protocols for the operation 
                and administration of TEPAG.</DELETED>
                <DELETED>    ``(C) Nonapplicability of faca.--The 
                Federal Advisory Committee Act (5 U.S.C. App.) shall 
                not apply to the TEPAG.</DELETED>
                <DELETED>    ``(D) Support.--</DELETED>
                        <DELETED>    ``(i) In general.--The Secretary 
                        shall be responsible for all costs associated 
                        with carrying out the functions of the TEPAG, 
                        including reimbursement for the travel, 
                        lodging, and per diem expenses of each 
                        principal or alternate TEPAG member selected 
                        under subparagraphs (B) and (C) of paragraph 
                        3.</DELETED>
                        <DELETED>    ``(ii) Additional request.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--To 
                                facilitate the work of the TEPAG, the 
                                Secretary may request additional 
                                funding in the annual budget submission 
                                of the Secretary to support technical 
                                and substantive assistance to the 
                                TEPAG.</DELETED>
                                <DELETED>    ``(II) Recommendations.--
                                If the Secretary requests additional 
                                funding under subclause (I), the 
                                Secretary shall take into consideration 
                                the amount of funding requested by the 
                                TEPAG for technical and substantive 
                                assistance when making the additional 
                                funding request.</DELETED>
        <DELETED>    ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.</DELETED>

<DELETED>SEC. 204. DIVISION OF BUDGET ANALYSIS.</DELETED>

<DELETED>    Section 1129 of the Education Amendments of 1978 (25 
U.S.C. 2009) is amended--</DELETED>
        <DELETED>    (1) in subsection (c)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``Assistant Secretary for Indian Affairs'' 
                and inserting ``Secretary'';</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``and'' 
                after the semicolon;</DELETED>
                <DELETED>    (C) by redesignating paragraph (3) as 
                paragraph (4); and</DELETED>
                <DELETED>    (D) by inserting after paragraph (2) the 
                following:</DELETED>
        <DELETED>    ``(3) a determination of the amount necessary to 
        sustain academic and residential programs at Bureau-funded 
        schools, calculated pursuant to subpart H of part 39 of title 
        25, Code of Federal Regulations (or successor regulations); 
        and''; and</DELETED>
        <DELETED>    (2) in subsection (d), by striking ``Assistant 
        Secretary for Indian Affairs'' and inserting 
        ``Secretary''.</DELETED>

<DELETED>SEC. 205. QUALIFIED SCHOOL CONSTRUCTION BOND ESCROW 
              ACCOUNT.</DELETED>

<DELETED>    Part B of title II of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 458) is amended by adding at the 
end the following:</DELETED>

<DELETED>``SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED SCHOOL 
              CONSTRUCTION BOND ESCROW ACCOUNT.</DELETED>

<DELETED>    ``(a) In General.--Pursuant to the authority granted under 
section 54F(d)(4) of the Internal Revenue Code of 1986, the Secretary 
shall establish a qualified school construction bond escrow account for 
the purpose of implementing section 54F of the Internal Revenue Code of 
1986.</DELETED>
<DELETED>    ``(b) Transfer to Escrow Account.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall allocate to 
        the escrow account described in subsection (a) amounts 
        described in section 54F(d)(4) of the Internal Revenue Code of 
        1986.</DELETED>
        <DELETED>    ``(2) Other funds.--The Secretary shall accept and 
        disburse to the escrow account described in subsection (a) 
        amounts received to carry out this section from other sources, 
        including other Federal agencies, non-Federal public agencies, 
        and private sources.''.</DELETED>

<DELETED>SEC. 206. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 
              1994.</DELETED>

<DELETED>    Section 532 of the Equity in Educational Land-Grant Status 
Act of 1994 (7 U.S.C. 301 note) is amended by--</DELETED>
        <DELETED>    (1) redesignating paragraphs (15) through (34) as 
        paragraphs (16) through (35), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (14) the 
        following:</DELETED>
        <DELETED>    ``(15) Keweenaw Bay Ojibwa Community 
        College.''.</DELETED>

<DELETED>SEC. 207. WORKFORCE INVESTMENT ACT OF 1998.</DELETED>

<DELETED>    Title II of the Workforce Investment Act of 1998 (20 
U.S.C. 9201 et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 203--</DELETED>
                <DELETED>    (A) in paragraph (5)(D), by inserting ``, 
                including a Tribal College or University'' after 
                ``education'';</DELETED>
                <DELETED>    (B) in paragraph (15), by amending 
                subparagraph (B) to read as follows:</DELETED>
                <DELETED>    ``(B) a Tribal College or University; 
                or'';</DELETED>
                <DELETED>    (C) by redesignating paragraph (18) as 
                paragraph (19); and</DELETED>
                <DELETED>    (D) by inserting after paragraph (17) the 
                following:</DELETED>
        <DELETED>    ``(18) Tribal college or university.--The term 
        `Tribal College or University' has the meaning given the term 
        in section 316(b) of the Higher Education Act of 
        1965.'';</DELETED>
        <DELETED>    (2) in section 211(a)--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking ``; 
                and'' and inserting a semicolon;</DELETED>
                <DELETED>    (B) in paragraph (3), by striking the 
                period and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(4) shall reserve 1.5 percent to carry out 
        section 244, except that the amount so reserved shall not 
        exceed $8,000,000.''; and</DELETED>
        <DELETED>    (3) by inserting after section 243 the 
        following:</DELETED>

<DELETED>``SEC. 244. AMERICAN INDIAN TRIBAL COLLEGE OR UNIVERSITY ADULT 
              EDUCATION AND LITERACY PROGRAM.</DELETED>

<DELETED>    ``(a) Establishment and Purpose.--The Secretary shall 
establish and carry out an American Indian Tribal College and 
University Adult Education and Literacy Grant Program to enable Tribal 
Colleges or Universities to develop and implement innovative, 
effective, and replicable programs designed to enhance life skills and 
transition individuals to employability and postsecondary education and 
to provide technical assistance to such institutions for program 
administration.</DELETED>
<DELETED>    ``(b) Application.--To be eligible to receive a grant 
under this section, a Tribal College or University shall submit to the 
Secretary an application at such time and in such manner as the 
Secretary may reasonably require. The Secretary shall, to the extent 
practicable, prescribe a simplified and streamlined format for such 
applications that takes into account the limited number of institutions 
that are eligible for assistance under this section.</DELETED>
<DELETED>    ``(c) Eligible Activities.--Activities that may be carried 
out under a grant awarded under this section include--</DELETED>
        <DELETED>    ``(1) adult education and literacy services, 
        including workplace literacy services;</DELETED>
        <DELETED>    ``(2) family literacy services;</DELETED>
        <DELETED>    ``(3) English literacy programs, including limited 
        English proficiency programs;</DELETED>
        <DELETED>    ``(4) civil engagement and community 
        participation, including U.S. citizenship skills;</DELETED>
        <DELETED>    ``(5) opportunities for American Indians and 
        Alaska Natives to qualify for a secondary school diploma, or 
        its recognized equivalent; and</DELETED>
        <DELETED>    ``(6) demonstration and research projects and 
        professional development activities designed to develop and 
        identify the most successful methods and techniques for 
        addressing the educational needs of American Indian 
        adults.</DELETED>
<DELETED>    ``(d) Grants and Contracts.--Funding shall be awarded 
under this section to Tribal Colleges or Universities on a competitive 
basis through grants, contracts, or cooperative agreements of not less 
than 3 years in duration.</DELETED>
<DELETED>    ``(e) Consideration and Inclusion.--In making awards under 
this section, the Secretary may take into account the considerations 
set forth in section 231(e). In no case shall the Secretary make an 
award to a Tribal College or University that does not include in its 
application a description of a multiyear strategy, including 
performance measures, for increasing the number of adult American 
Indian or Alaska Natives that attain a secondary diploma or recognized 
equivalent.''.</DELETED>

<DELETED>SEC. 208. TECHNICAL AMENDMENTS TO TRIBALLY CONTROLLED SCHOOLS 
              ACT OF 1988.</DELETED>

<DELETED>    (a) Grants Authorized.--Section 5203(b)(3) of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2502(b)(3)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``as defined in section 
        1128(h)(1)'' and inserting ``as defined in section 
        1128(a)(1)''; and</DELETED>
        <DELETED>    (2) by striking ``under section 1128 of such'' and 
        inserting ``under section 1128(c) of that''.</DELETED>
<DELETED>    (b) Amendments to Grants.--Section 5203 of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2502) is amended by adding at 
the end the following:</DELETED>
<DELETED>    ``(h) Amendments to Grants.--</DELETED>
        <DELETED>    ``(1) In general.--At the request of the school 
        board of a tribally controlled school, the Secretary shall 
        approve a request to amend a grant issued to that school board 
        under this part unless the Secretary, not later than 90 days 
        after the date of receipt of the request, provides written 
        notification to the school board that contains a specific 
        finding that clearly demonstrates, or is supported by a 
        controlling legal authority, that--</DELETED>
                <DELETED>    ``(A) the services to be rendered to the 
                eligible Indian students under the proposed amendment 
                to the grant do not meet the requirements of this 
                part;</DELETED>
                <DELETED>    ``(B) adequate protection of trust 
                resources is not assured;</DELETED>
                <DELETED>    ``(C) the grant or the proposed amendment 
                to the grant cannot be properly completed or 
                maintained;</DELETED>
                <DELETED>    ``(D) the amount of funds proposed under 
                the amendment is in excess of the applicable funding 
                level for the grant, as determined under section 5204; 
                or</DELETED>
                <DELETED>    ``(E) the program, function, service, or 
                activity (or portion of the program, function, service, 
                or activity) that is the subject of the proposed 
                amendment is beyond the scope of programs, functions, 
                services, or activities covered under this part because 
                the proposed amendment includes activities that cannot 
                lawfully be carried out by the grantee.</DELETED>
        <DELETED>    ``(2) Appeals.--The Secretary shall provide the 
        school board of a tribally controlled school with a hearing on 
        the record in the same manner as provided under section 102 of 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450f).''.</DELETED>
<DELETED>    (c) Composition of Grants.--Section 5204(b) of the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2503(b)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (4)(B)(iv), by striking ``section 
        5209(e)'' and inserting ``section 5208(e)''; and</DELETED>
        <DELETED>    (2) in paragraph (5)(B), by striking ``section 
        5209(e)'' and inserting ``section 5208(e)''.</DELETED>
<DELETED>    (d) Duration of Eligibility Determination.--Section 
5206(c) of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
2505(c)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``section 
        5206(b)(1)(A)'' and inserting ``section 5205(b)(1)(A)''; 
        and</DELETED>
        <DELETED>    (2) in paragraph (4)(A), by striking ``section 
        5206(f)(1)(C)'' and inserting ``section 
        5205(f)(1)(C)''.</DELETED>

     <DELETED>TITLE III--ADDITIONAL EDUCATION PROVISIONS</DELETED>

<DELETED>SEC. 301. NATIVE AMERICAN STUDENT SUPPORT.</DELETED>

<DELETED>    (a) Support.--The Secretary of Education shall expand 
programs for Native American school children--</DELETED>
        <DELETED>    (1) to provide support for learning in their 
        Native language and culture; and</DELETED>
        <DELETED>    (2) to provide English language 
        instruction.</DELETED>
<DELETED>    (b) Research.--The Secretary of Education shall conduct 
research on culture- and language-based education to identify the 
factors that improve education and health outcomes.</DELETED>

<DELETED>SEC. 302. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF 
              NATIVE AMERICAN LANGUAGES.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Director.--The term ``Director'' means the 
        Director of the Bureau of Indian Education.</DELETED>
        <DELETED>    (2) Eligible entity.--The term ``eligible entity'' 
        means any agency or organization that is eligible for financial 
        assistance under section 803(a) of the Native American Programs 
        Act of 1974 (42 U.S.C. 2991b(a)).</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the 
        Director.</DELETED>
<DELETED>    (b) Establishment of Grant Program.--The Secretary shall 
establish a program to provide eligible entities with grants for the 
purpose of assisting Native Americans to ensure the survival and 
continuing vitality of Native American languages.</DELETED>
<DELETED>    (c) Use of Amounts.--</DELETED>
        <DELETED>    (1) In general.--An eligible entity may use 
        amounts received under this section to carry out activities 
        that ensure the survival and continuing vitality of Native 
        American languages, including--</DELETED>
                <DELETED>    (A) the establishment and support of 
                community Native American language projects designed to 
                bring older and younger Native Americans together to 
                facilitate and encourage the transfer of Native 
                American language skills from one generation to 
                another;</DELETED>
                <DELETED>    (B) the establishment of projects that 
                train Native Americans to--</DELETED>
                        <DELETED>    (i) teach a Native American 
                        language to others; or</DELETED>
                        <DELETED>    (ii) serve as interpreters or 
                        translators of a Native American 
                        language;</DELETED>
                <DELETED>    (C) the development, printing, and 
                dissemination of materials to be used for the teaching 
                and enhancement of a Native American 
                language;</DELETED>
                <DELETED>    (D) the establishment or support of a 
                project to train Native Americans to produce or 
                participate in television or radio programs to be 
                broadcast in a Native American language;</DELETED>
                <DELETED>    (E) the compilation, transcription, and 
                analysis of oral testimony to record and preserve a 
                Native American language;</DELETED>
                <DELETED>    (F) the purchase of equipment, including 
                audio and video recording equipment, computers, and 
                software, required to carry out a Native American 
                language project; and</DELETED>
                <DELETED>    (G)(i) the establishment of Native 
                American language nests, which are site-based 
                educational programs that--</DELETED>
                        <DELETED>    (I) provide instruction and child 
                        care through the use of a Native American 
                        language for at least 10 children under the age 
                        of 7 for an average of at least 500 hours per 
                        year per student;</DELETED>
                        <DELETED>    (II) provide classes in a Native 
                        American language for parents (or legal 
                        guardians) of students enrolled in a Native 
                        American language nest (including Native 
                        American language-speaking parents); 
                        and</DELETED>
                        <DELETED>    (III) ensure that a Native 
                        American language is the dominant medium of 
                        instruction in the Native American language 
                        nest;</DELETED>
                <DELETED>    (ii) the establishment of Native American 
                language survival schools, which are site-based 
                educational programs for school-age students that--
                </DELETED>
                        <DELETED>    (I) provide an average of at least 
                        500 hours of instruction through the use of 1 
                        or more Native American languages for at least 
                        15 students for whom a Native American language 
                        survival school is the principal place of 
                        instruction;</DELETED>
                        <DELETED>    (II) develop instructional courses 
                        and materials for learning Native American 
                        languages and for instruction through the use 
                        of Native American languages;</DELETED>
                        <DELETED>    (III) provide for teacher 
                        training;</DELETED>
                        <DELETED>    (IV) work toward a goal of all 
                        students achieving--</DELETED>
                                <DELETED>    (aa) fluency in a Native 
                                American language; and</DELETED>
                                <DELETED>    (bb) academic proficiency 
                                in mathematics, reading (or language 
                                arts), and science; and</DELETED>
                        <DELETED>    (V) are located in areas that have 
                        high numbers or percentages of Native American 
                        students; and</DELETED>
                <DELETED>    (iii) the establishment of Native American 
                language restoration programs, which are educational 
                programs that--</DELETED>
                        <DELETED>    (I) operate at least 1 Native 
                        American language program for the community 
                        which the educational program serves;</DELETED>
                        <DELETED>    (II) provide training programs for 
                        teachers of Native American 
                        languages;</DELETED>
                        <DELETED>    (III) develop instructional 
                        materials for the Native American language 
                        restoration programs;</DELETED>
                        <DELETED>    (IV) work toward a goal of 
                        increasing proficiency and fluency in at least 
                        1 Native American language; and</DELETED>
                        <DELETED>    (V) provide instruction in at 
                        least 1 Native American language.</DELETED>
        <DELETED>    (2) Native american language restoration 
        programs.--An eligible entity carrying out a program described 
        in paragraph (1)(G)(iii) may use amounts made available under 
        this section to carry out--</DELETED>
                <DELETED>    (A) Native American language programs, 
                including--</DELETED>
                        <DELETED>    (i) Native American language 
                        immersion programs;</DELETED>
                        <DELETED>    (ii) Native American language and 
                        culture camps;</DELETED>
                        <DELETED>    (iii) Native American language 
                        programs provided in coordination and 
                        cooperation with educational 
                        entities;</DELETED>
                        <DELETED>    (iv) Native American language 
                        programs provided in coordination and 
                        cooperation with local institutions of higher 
                        education;</DELETED>
                        <DELETED>    (v) Native American language 
                        programs that use a master-apprentice model of 
                        learning languages; and</DELETED>
                        <DELETED>    (vi) Native American language 
                        programs provided through a regional program to 
                        better serve geographically dispersed 
                        students;</DELETED>
                <DELETED>    (B) Native American language teacher 
                training programs, including--</DELETED>
                        <DELETED>    (i) training programs in Native 
                        American language translation for fluent 
                        speakers;</DELETED>
                        <DELETED>    (ii) training programs for Native 
                        American language teachers; and</DELETED>
                        <DELETED>    (iii) training programs for 
                        teachers in the use of Native American language 
                        materials, tools, and interactive media to 
                        teach Native American language; and</DELETED>
                <DELETED>    (C) the development of Native American 
                language materials, including books, audio and visual 
                tools, and interactive media programs.</DELETED>
<DELETED>    (d) Applications.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), in 
        awarding a grant under this section, the Secretary shall select 
        applicants from among eligible entities on the basis of 
        applications submitted to the Secretary at such time, in such 
        form, and containing such information as the Secretary 
        requires.</DELETED>
        <DELETED>    (2) Requirements.--An application under paragraph 
        (1) shall include, at a minimum--</DELETED>
                <DELETED>    (A) a detailed description of the current 
                status of the Native American language to be addressed 
                by the project for which a grant is requested, 
                including a description of existing programs and 
                projects, if any, in support of that 
                language;</DELETED>
                <DELETED>    (B) a detailed description of the project 
                for which the grant is requested;</DELETED>
                <DELETED>    (C) a statement that the objectives of the 
                project are in accordance with the purposes of this 
                section;</DELETED>
                <DELETED>    (D) a detailed description of the plan of 
                the applicant to evaluate the project;</DELETED>
                <DELETED>    (E) if appropriate, an identification of 
                opportunities for the replication or modification of 
                the project for use by other Native 
                Americans;</DELETED>
                <DELETED>    (F) a plan for the preservation of the 
                products of the Native American language project for 
                the benefit of future generations of Native Americans 
                and other interested persons; and</DELETED>
                <DELETED>    (G) in the case of an application for a 
                grant to carry out any purpose specified in subsection 
                (c)(1)(G)(iii), a certification by the applicant that 
                the applicant has not less than 3 years of experience 
                in operating and administering a Native American 
                language survival school, a Native American language 
                nest, or any other educational program in which 
                instruction is conducted in a Native American 
                language.</DELETED>
        <DELETED>    (3) Participating organizations.--If an applicant 
        determines that the objectives of a proposed Native American 
        language project would be accomplished more effectively through 
        a partnership with an educational entity, the applicant shall 
        identify the educational entity as a participating organization 
        in the application.</DELETED>
<DELETED>    (e) Limitations on Funding.--</DELETED>
        <DELETED>    (1) Federal share.--The Federal share of the total 
        cost of a program under this section shall not exceed 80 
        percent.</DELETED>
        <DELETED>    (2) Non-federal share.--</DELETED>
                <DELETED>    (A) In general.--The non-Federal share of 
                the cost of a program under this section may be 
                provided in cash or fairly evaluated in-kind 
                contributions, including facilities, equipment, or 
                services.</DELETED>
                <DELETED>    (B) Source of non-federal share.--The non-
                Federal share--</DELETED>
                        <DELETED>    (i) may be provided from any 
                        private or non-Federal source; and</DELETED>
                        <DELETED>    (ii) may include amounts 
                        (including interest) distributed to an Indian 
                        tribe--</DELETED>
                                <DELETED>    (I) by the Federal 
                                Government pursuant to the satisfaction 
                                of a claim made under Federal 
                                law;</DELETED>
                                <DELETED>    (II) from amounts 
                                collected and administered by the 
                                Federal Government on behalf of an 
                                Indian tribe or the members of an 
                                Indian tribe; or</DELETED>
                                <DELETED>    (III) by the Federal 
                                Government for general tribal 
                                administration or tribal development 
                                under a formula or subject to a tribal 
                                budgeting priority system, including--
                                </DELETED>
                                        <DELETED>    (aa) amounts 
                                        involved in the settlement of 
                                        land or other judgment 
                                        claims;</DELETED>
                                        <DELETED>    (bb) severance or 
                                        other royalty payments; 
                                        or</DELETED>
                                        <DELETED>    (cc) payments 
                                        under the Indian Self-
                                        Determination Act (25 U.S.C. 
                                        450f et seq.) or a tribal 
                                        budget priority 
                                        system.</DELETED>
        <DELETED>    (3) Duration.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), the Secretary may make grants made under this 
                section on a 1-year, 2-year, or 3-year basis.</DELETED>
                <DELETED>    (B) Native american language restoration 
                program.--The Secretary shall only make a grant 
                available under subsection (c)(1)(G)(iii) on a 3-year 
                basis.</DELETED>
<DELETED>    (f) Administration.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall carry out 
        this section through the Bureau of Indian Education.</DELETED>
        <DELETED>    (2) Expert panel.--</DELETED>
                <DELETED>    (A) In general.--Not later than 180 days 
                after date of enactment of this section, the Secretary 
                shall appoint a panel of experts for the purpose of 
                assisting the Secretary to review--</DELETED>
                        <DELETED>    (i) applications submitted under 
                        subsection (d);</DELETED>
                        <DELETED>    (ii) evaluations carried out to 
                        comply with subsection (d)(2)(C); and</DELETED>
                        <DELETED>    (iii) the preservation of products 
                        required by subsection (d)(2)(F).</DELETED>
                <DELETED>    (B) Composition.--</DELETED>
                        <DELETED>    (i) In general.--The panel shall 
                        include--</DELETED>
                                <DELETED>    (I) a designee of the 
                                Institute of American Indian and Alaska 
                                Native Culture and Arts 
                                Development;</DELETED>
                                <DELETED>    (II) representatives of 
                                national, tribal, and regional 
                                organizations that focus on Native 
                                American language or Native American 
                                cultural research, development, or 
                                training; and</DELETED>
                                <DELETED>    (III) other individuals 
                                who are recognized as experts in the 
                                area of Native American 
                                language.</DELETED>
                        <DELETED>    (ii) Recommendations.--
                        Recommendations for appointments to the panel 
                        shall be solicited from Indian tribes and 
                        tribal organizations.</DELETED>
                <DELETED>    (C) Duties.--The duties of the panel shall 
                include--</DELETED>
                        <DELETED>    (i) making recommendations 
                        regarding the development and implementation of 
                        regulations, policies, procedures, and rules of 
                        general applicability with respect to the 
                        administration of this section;</DELETED>
                        <DELETED>    (ii) reviewing applications 
                        received under subsection (d);</DELETED>
                        <DELETED>    (iii) providing to the Secretary a 
                        list of recommendations for the approval of 
                        applications in accordance with--</DELETED>
                                <DELETED>    (I) regulations issued by 
                                the Secretary; and</DELETED>
                                <DELETED>    (II) the relative need for 
                                the project; and</DELETED>
                        <DELETED>    (iv) reviewing evaluations 
                        submitted to comply with subsection 
                        (d)(2)(C).</DELETED>
        <DELETED>    (3) Products generated by projects.--</DELETED>
                <DELETED>    (A) In general.--Subject to subparagraph 
                (B), for preservation and use in accordance with the 
                responsibilities of the respective organization under 
                Federal law, a copy of any product of a Native American 
                language project for which a grant is made under this 
                section--</DELETED>
                        <DELETED>    (i) shall be transmitted to the 
                        Institute of American Indian and Alaska Native 
                        Culture and Arts Development; and</DELETED>
                        <DELETED>    (ii) may be transmitted, at the 
                        discretion of the grantee, to national and 
                        regional repositories of similar 
                        material.</DELETED>
                <DELETED>    (B) Exemption.--</DELETED>
                        <DELETED>    (i) In general.--In accordance 
                        with the Federal recognition of the sovereign 
                        authority of each Indian tribe over all aspects 
                        of the culture and language of that Indian 
                        tribe and subject to clause (ii), an Indian 
                        tribe may make a determination--</DELETED>
                                <DELETED>    (I) not to transmit a copy 
                                of a product under subparagraph 
                                (A);</DELETED>
                                <DELETED>    (II) not to permit the 
                                redistribution of a copy of a product 
                                transmitted under subparagraph (A); 
                                or</DELETED>
                                <DELETED>    (III) to restrict in any 
                                manner the use or redistribution of a 
                                copy of a product transmitted under 
                                subparagraph (A).</DELETED>
                        <DELETED>    (ii) Restrictions.--Clause (i) 
                        does not authorize an Indian tribe--</DELETED>
                                <DELETED>    (I) to limit the access of 
                                the Secretary to a product described in 
                                subparagraph (A) for purposes of 
                                administering this section or 
                                evaluating the product; or</DELETED>
                                <DELETED>    (II) to sell a product 
                                described in subparagraph (A), or a 
                                copy of that product, for profit to the 
                                entities referred to in subparagraph 
                                (A).</DELETED>
<DELETED>    (g) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section such sums as are necessary 
for each of fiscal years 2013 through 2018.</DELETED>
<DELETED>    (h) Repeal; Conforming Amendments.--</DELETED>
        <DELETED>    (1) Repeal.--Section 803C of the Native American 
        Programs Act of 1974 (42 U.S.C. 2991b-3) is repealed.</DELETED>
        <DELETED>    (2) Conforming amendments.--Section 816 of the 
        Native American Programs Act of 1974 (42 U.S.C. 2992d) is 
        amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking 
                ``sections 803(d), 803A, 803C, 804, subsection (e) of 
                this section'' and inserting ``sections 803(d), 803A, 
                and 804, subsection (d)'';</DELETED>
                <DELETED>    (B) in subsection (b), by striking ``other 
                than sections 803(d), 803A, 803C, 804, subsection (e) 
                of this section'' and inserting ``sections 803(d), 
                803A, and 804, subsection (d)''; and</DELETED>
                <DELETED>    (C) by striking subsection (e).</DELETED>

<DELETED>SEC. 303. IN-SCHOOL FACILITY INNOVATION PROGRAM 
              CONTEST.</DELETED>

<DELETED>    (a) In General.--The Secretary of the Interior shall--
</DELETED>
        <DELETED>    (1) establish an in-school facility innovation 
        program contest in which institutions of higher education, 
        including a Tribal College or University (as defined in section 
        316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)), are 
        encouraged to consider solving the problem of how to improve 
        school facilities for tribal schools and schools served by the 
        Bureau of Indian Education for problem-based learning in their 
        coursework and through extracurricular opportunities; 
        and</DELETED>
        <DELETED>    (2) establish an advisory group for the contest 
        described in paragraph (1) that shall include students enrolled 
        at a Tribal College or University, a representative from the 
        Bureau of Indian Education, and engineering and fiscal 
        advisors.</DELETED>
<DELETED>    (b) Submission of Finalists to the Indian Affairs 
Committee.--The Secretary of the Interior shall submit the finalists to 
the Committee on Indian Affairs of the Senate.</DELETED>
<DELETED>    (c) Winners.--The Secretary of the Interior shall--
</DELETED>
        <DELETED>    (1) determine the winners of the program contest 
        conducted under this section; and</DELETED>
        <DELETED>    (2) award the winners appropriate recognition and 
        reward.</DELETED>

<DELETED>SEC. 304. RETROCESSION OR REASSUMPTION OF CERTAIN SCHOOL 
              FUNDS.</DELETED>

<DELETED>    Notwithstanding any other provision of law, beginning July 
1, 2008, any funds (including investments and interest earned, except 
for construction funds) held by a Public Law 100-297 grant or a Public 
Law 93-638 contract school shall, upon retrocession to or reassumption 
by the Bureau of Indian Education, remain available to the Bureau for a 
period of 5 years from the date of retrocession or reassumption for the 
benefit of the programs approved for the school on October 1, 
1995.</DELETED>

<DELETED>SEC. 305. DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF 
              EDUCATION JOINT OVERSIGHT BOARD.</DELETED>

<DELETED>    (a) In General.--The Secretary of Education and the 
Secretary of the Interior shall jointly establish a Department of the 
Interior and Department of Education Joint Oversight Board, that 
shall--</DELETED>
        <DELETED>    (1) be co-chaired by both Departments; 
        and</DELETED>
        <DELETED>    (2) coordinate technical assistance, resource 
        distribution, and capacity building between the 2 departments 
        on the education of and for Native American students.</DELETED>
<DELETED>    (b) Information To Be Shared.--The Joint Oversight Board 
shall facilitate the communication, collaboration, and coordination 
between the 2 departments of education policies, access to and 
eligibility for Federal resources, and budget and school leadership 
development, and other issues, as appropriate.</DELETED>

<DELETED>SEC. 306. FEASIBILITY STUDY TO TRANSFER BUREAU OF INDIAN 
              EDUCATION TO DEPARTMENT OF EDUCATION.</DELETED>

<DELETED>    (a) In General.--Not later than 1 year after the date of 
enactment of this section, the Government Accountability Office shall 
carry out a study that examines the feasibility of transferring the 
Bureau of Indian Education from the Department of the Interior to the 
Department of Education.</DELETED>
<DELETED>    (b) Contents.--The study shall include an assessment of 
the impacts of a transfer described in subsection (a) on--</DELETED>
        <DELETED>    (1) affected students;</DELETED>
        <DELETED>    (2) affected faculty, staff, and other 
        employees;</DELETED>
        <DELETED>    (3) the organizational and operating structure of 
        the Bureau of Indian Education;</DELETED>
        <DELETED>    (4) applicable Federal laws, including laws 
        relating to Indian preference; and</DELETED>
        <DELETED>    (5) intergovernmental agreements.</DELETED>

<DELETED>SEC. 307. TRIBAL SELF-GOVERNANCE FEASIBILITY STUDY.</DELETED>

<DELETED>    (a) Study.--The Secretary of Education shall conduct a 
study to determine the feasibility of entering into self-governance 
compacts and contracts with Indian tribal governments who wish to 
operate public schools that reside within their lands.</DELETED>
<DELETED>    (b) Considerations.--In conducting the study described in 
subsection (a), the Secretary of Education shall consider the 
feasibility of--</DELETED>
        <DELETED>    (1) assigning and paying to an Indian tribe all 
        expenditures for the provision of services and related 
        administration funds that the Secretary would otherwise pay to 
        a State educational agency and a local educational agency for 1 
        or more public schools located on the Indian lands of such 
        Indian tribe;</DELETED>
        <DELETED>    (2) providing assistance to Indian tribes in 
        developing capacity to administer all programs and services 
        that are currently under the jurisdiction of the State 
        educational agency or local educational agency; and</DELETED>
        <DELETED>    (3) authorizing the Secretary to treat an Indian 
        tribe as a State for the purposes of carrying out programs and 
        services funded by the Secretary that are currently under the 
        jurisdiction of the State.</DELETED>
<DELETED>    (c) Report.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of Education shall submit, to the 
Committee on Indian Affairs and the Committee on Health, Education, 
Labor and Pensions of the Senate and the Education and the Workforce 
Committee of the House of Representatives, a report that includes--
</DELETED>
        <DELETED>    (1) the results of the study conducted under 
        subsection (a);</DELETED>
        <DELETED>    (2) a summary of any consultation that occurred 
        between the Secretary and Indian tribes in conducting this 
        study;</DELETED>
        <DELETED>    (3) projected costs and savings associated with 
        the Department of Education entering into self-governance 
        contracts and compacts with Indian tribes, and any estimated 
        impact on programs and services described in paragraphs (2) and 
        (3) of subsection (a) in relation to probable costs and 
        savings; and</DELETED>
        <DELETED>    (4) legislative actions that would be required to 
        authorize the Secretary to enter into self-governance compacts 
        and contracts with Indian tribes to provide such programs and 
        services.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Indian tribe.--The term ``Indian Tribe'' means 
        any Indian tribe, band, nation, other organized group or 
        community, including any Native village or Regional Corporation 
        or Village Corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act, that is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as 
        Indians.</DELETED>
        <DELETED>    (2) Indian lands.--The term ``Indian lands'' has 
        the meaning given that term in section 8013 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7713).</DELETED>

<DELETED>SEC. 308. ESTABLISHMENT OF CENTER FOR INDIGENOUS 
              EXCELLENCE.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Institution of higher education.--The term 
        ``institution of higher education'' shall have the meaning 
        given such term in section 101 of the Higher Education Act of 
        1965 (20 U.S.C. 1001).</DELETED>
        <DELETED>    (2) Native american and native american 
        language.--The terms ``Native American'' and ``Native American 
        language'' shall have the meanings given such terms in section 
        103 of the Native American Languages Act (25 U.S.C. 
        2902).</DELETED>
        <DELETED>    (3) Native american language nests and survival 
        schools.--The terms ``Native American language nest'' and 
        ``Native American language survival school'' shall have the 
        meanings given such terms in section 803C(b)(7) of the Native 
        American Programs Act of 1974 (42 U.S.C. 2991b-3).</DELETED>
        <DELETED>    (4) Native hawaiian or native american pacific 
        islander native language educational organization.--The term 
        ``Native Hawaiian or Native American Pacific Islander native 
        language educational organization'' shall have the meaning 
        given such term in section 3301 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7011).</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.</DELETED>
        <DELETED>    (6) STEM.--The term ``STEM'' means a science, 
        technology, engineering, and mathematics program.</DELETED>
        <DELETED>    (7) Tribally sanctioned educational authority.--
        The term ``tribally sanctioned educational authority'' shall 
        have the meaning given such term in section 3301 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7011).</DELETED>
<DELETED>    (b) In General.--There shall be established a Center for 
Indigenous Excellence to--</DELETED>
        <DELETED>    (1) support Native American governments, 
        communities, schools, and programs in the development and 
        demonstration of Native American language and culture-based 
        education from the preschool to graduate education levels as 
        appropriate for their distinctive populations, circumstances, 
        visions, and holistic approaches for the benefit of the entire 
        community;</DELETED>
        <DELETED>    (2) provide direction to Federal, State, and local 
        government entities relative to Native American language and 
        culture-based education;</DELETED>
        <DELETED>    (3) demonstrate nationally and internationally 
        recognized educational best practices through integrated 
        programming in Native American language and culture-based 
        education from the preschool to graduate education levels that 
        benefits the entire specific indigenous group regardless of its 
        geographic dispersal, including--</DELETED>
                <DELETED>    (A) teacher certification;</DELETED>
                <DELETED>    (B) curriculum and materials 
                development;</DELETED>
                <DELETED>    (C) distance education support;</DELETED>
                <DELETED>    (D) research; and</DELETED>
                <DELETED>    (E) holistic approaches;</DELETED>
        <DELETED>    (4) serve as an alternative pathway of choice for 
        meeting federally mandated academic assessments, teacher 
        qualifications, and curriculum design for Native American 
        language nests and Native American language survival schools; 
        and</DELETED>
        <DELETED>    (5) serve as a coordinating entity and depository 
        for federally funded research into Native American language and 
        culture-based education including STEM applications that will 
        address workforce needs of Native American 
        communities.</DELETED>
<DELETED>    (c) Eligible Entities.--For the purpose of determining the 
site of the Center for Indigenous Excellence, the Secretary shall 
consider the following to be an eligible entity:</DELETED>
        <DELETED>    (1) A tribally sanctioned educational 
        authority.</DELETED>
        <DELETED>    (2) A Native American language college.</DELETED>
        <DELETED>    (3) A Native Hawaiian or Native American Pacific 
        Islander native language educational organization.</DELETED>
        <DELETED>    (4) An institution of higher education with a 
        commitment to serve Native American communities.</DELETED>
        <DELETED>    (5) A local educational agency with a commitment 
        to serve Native American communities.</DELETED>
<DELETED>    (d) Criteria for Selection.--The Secretary shall determine 
the site of the Center for Indigenous Excellence based on--</DELETED>
        <DELETED>    (1) a record of excellence, on a national and 
        international level, with regard to Native American language 
        and culture-based education;</DELETED>
        <DELETED>    (2) a high representation of Native Americans 
        among its personnel;</DELETED>
        <DELETED>    (3) a high representation of speakers of 1 or more 
        Native American languages among its personnel; and</DELETED>
        <DELETED>    (4) a location in a community with a high 
        representation of Native Americans.</DELETED>
<DELETED>    (e) Establishment of Partnerships and Consortia.--
</DELETED>
        <DELETED>    (1) In general.--Once established, the Center for 
        Indigenous Excellence may develop partnerships or consortia 
        with other entities throughout the United States with expertise 
        appropriate to the mission of the Center and include such 
        entities in its work.</DELETED>
        <DELETED>    (2) Assistance to partners.--The Center shall 
        provide assistance to partners, to the extent practicable, in 
        curriculum development, technology development, teacher and 
        staff training, research, and sustaining Native American 
        language nests, Native American survival schools, and Native 
        American language schools.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native Culture, 
Language, and Access for Success in Schools Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

        TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

  Subtitle A--Improving the Academic Achievement of the Disadvantaged

Sec. 111. Improving the education of students.
Sec. 112. 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.

                   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.

        TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

  Subtitle A--Improving the Academic Achievement of the Disadvantaged

SEC. 111. IMPROVING THE EDUCATION OF STUDENTS.

    Part A of title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) is amended--
            (1) in section 1001 (20 U.S.C. 6301), by inserting ``, and 
        accommodating Federal Native American language law in 
        education'' before the semicolon;
            (2) in section 1111 (20 U.S.C. 6311)--
                    (A) in subsection (a), by inserting 
                ``representatives of Indian tribes located in the 
                State,'' after ``other staff,'';
                    (B) in subsection (b)--
                            (i) in paragraph (3)--
                                    (I) in subparagraph (C)(ix)--
                                            (aa) in subclause (I), by 
                                        inserting ``taught through non-
                                        Native American languages'' 
                                        before the semicolon at the 
                                        end; and
                                            (bb) in subclause (III), by 
                                        inserting ``taught through non-
                                        Native American languages'' 
                                        after ``proficient students''; 
                                        and
                                    (II) by adding at the end the 
                                following:
                    ``(E) Standards-based education assessments.--
                Notwithstanding any other provision of this Act, a 
                State shall develop standards-based education 
                assessments and classroom lessons to accommodate 
                diverse learning styles, which assessments may be used 
                by the State in place of the general assessments 
                described in subparagraph (A).''; and
                            (ii) in paragraph (8), by striking 
                        ``1112(c)(1)(D)'' and inserting 
                        ``1112(c)(1)(E)'';
                    (C) in subsection (c)--
                            (i) in paragraph (13), by striking ``and'' 
                        after the semicolon;
                            (ii) in paragraph (14), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(15) the State educational agency has engaged in timely 
        and meaningful consultation with representatives of Indian 
        tribes located in the State in the development of the State 
        plan to serve local educational agencies under the State's 
        jurisdiction, in order to--
                    ``(A) improve the coordination of activities under 
                this Act;
                    ``(B) meet the purpose of this title; and
                    ``(C) meet the unique cultural, language, and 
                educational needs of Indian students.''; and
                    (D) in subsection (m), by adding at the end the 
                following:
            ``(4) If such school has been approved, in accordance with 
        section 1116(g), for use of an alternative definition of 
        adequate yearly progress, the school may adopt an appropriate 
        assessment that--
                    ``(A) is developed in consultation with, and with 
                the approval of, the Secretary of the Interior; and
                    ``(B) is consistent with the requirements of this 
                section.''; and
                    (E) by adding at the end the following:
    ``(n) Rules of Construction on Native American Languages.--Nothing 
in this title shall be construed to limit the preservation or use of 
Native American languages.''; and
            (3) in section 1112 (20 U.S.C. 6312)--
                    (A) in subsection (b)(1)--
                            (i) by redesignating subparagraphs (F) 
                        through (Q) as subparagraphs (G) through (R), 
                        respectively; and
                            (ii) by inserting after subparagraph (E), 
                        the following:
                    ``(F) a description of the procedure that the local 
                educational agency will use to engage in timely, 
                ongoing, and meaningful consultation with 
                representatives of Indian tribes located in the area 
                served by the local education agency in the development 
                of the local plan, in order to--
                            ``(i) improve the coordination of 
                        activities under this Act;
                            ``(ii) meet the purpose of this title; and
                            ``(iii) meet the unique cultural, language, 
                        and educational needs of Indian students;'';
                    (B) in subsection (c)(1)--
                            (i) by redesignating subparagraphs (D) 
                        through (O) as subparagraphs (E) through (P), 
                        respectively; and
                            (ii) by inserting after subparagraph (C), 
                        the following:
                    ``(D) engage in timely and meaningful consultation 
                with representatives of Indian tribes located in the 
                area served by the local educational agency;''; and
                    (C) in subsection (d)(1), by striking ``and other 
                appropriate school personnel,'' and inserting ``other 
                appropriate school personnel, and representatives of 
                Indian tribes located in the area served by the local 
                educational agency,'';
            (4) in section 1115(b)(2)(A) (20 U.S.C. 6315(b)(2)(A)), by 
        inserting ``, Indian children,'' after ``migrant children'';
            (5) in section 1116 (20 U.S.C. 6316)--
                    (A) in subsection (b)(3)(A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``representatives of Indian tribes 
                        located in the area served by the school,'' 
                        after ``school staff,'';
                            (ii) in clause (ix), by striking ``and'' 
                        after the semicolon;
                            (iii) in clause (x), by striking the period 
                        at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                            ``(xi) provide an assurance that, if the 
                        school receives funds described in title VII, 
                        the school will continue to direct such funds 
                        to the activities described in title VII.'';
                    (B) in subsection (c)(7)(A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``representatives of Indian tribes 
                        located in the area served by the local 
                        educational agency,'' after ``school staff,'';
                            (ii) in clause (vii), by striking ``and'' 
                        after the semicolon;
                            (iii) in clause (viii), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                            ``(ix) incorporate, as appropriate, 
                        activities that meet the unique cultural, 
                        language, and educational needs of Indian 
                        students eligible to be served under title VII 
                        of this Act.''; and
                    (C) in subsection (g)(1)--
                            (i) in subparagraph (B)--
                                    (I) by striking ``The tribal 
                                governing body or'' and inserting ``An 
                                Indian tribe,'';
                                    (II) by inserting ``, or a 
                                consortium of such entities'' after 
                                ``Bureau of Indian Affairs'';
                                    (III) by striking ``such body or 
                                school board'' and inserting ``such 
                                Indian tribe, school board, or 
                                consortium of such entities'';
                                    (IV) by striking ``waived, the 
                                tribal governing body or school board'' 
                                and inserting ``waived, the Indian 
                                tribe, school board, or consortium of 
                                such entities''; and
                                    (V) by inserting ``of the 
                                Interior'' after ``such alternative 
                                definition unless the Secretary'';
                            (ii) in subparagraph (C), by striking ``a 
                        tribal governing body or school board of a 
                        school funded by the Bureau of Indian Affairs'' 
                        and inserting ``an Indian tribe, school board 
                        of a school funded by the Bureau of Indian 
                        Affairs, or consortium of such entities''; and
                            (iii) by adding at the end the following:
                    ``(D) Deemed approval.--A proposed alternative 
                definition of adequate yearly progress submitted 
                pursuant to subparagraph (B) shall be deemed to be 
                approved by the Secretary of the Interior unless the 
                Secretary of the Interior issues the notification set 
                forth in subparagraph (E) prior to the expiration of 
                the 30-day period beginning on the date on which the 
                Secretary of the Interior received the proposed 
                alternative definition of adequate yearly progress.
                    ``(E) Notification.--If the Secretary of the 
                Interior finds that the application is not in 
                compliance, in whole or in part, with this subpart, the 
                Secretary of the Interior shall--
                            ``(i) notify the entity or entities 
                        described in subparagraph (B) of the finding of 
                        noncompliance and, in such notification, 
                        shall--
                                    ``(I) cite the specific provisions 
                                in the application that are not in 
                                compliance;
                                    ``(II) provide an explanation of 
                                the basis of the noncompliance;
                                    ``(III) request additional 
                                information only as to the noncompliant 
                                provisions needed to make the proposal 
                                compliant;
                                    ``(IV) provide a description of the 
                                steps that the entity or entities need 
                                to take to make the application 
                                compliant; and
                                    ``(V) provide assistance to 
                                overcome the finding of noncompliance; 
                                and
                            ``(ii) provide the entity or entities 
                        described in subparagraph (B) with the 
                        opportunity for a hearing, which shall be 
                        completed not more than 60 days after such 
                        entity or entities receive the notice of 
                        opportunity for a hearing, or at such later 
                        date as agreed to by the submitting entity or 
                        entities.
                    ``(F) Response.--If the entity or entities 
                described in subparagraph (B) resubmit the application 
                in an effort to overcome the finding of noncompliance 
                not more than 30 days after the date the notification 
                was received, the Secretary of the Interior shall 
                approve or disapprove the resubmitted application not 
                more than 30 days after the resubmitted application is 
                received, or not more than 30 days after the conclusion 
                of a hearing, whichever is later. If the Secretary of 
                the Interior fails to approve or disapprove the 
                resubmitted application within such time period, the 
                resubmitted application shall be deemed approved.
                    ``(G) Resubmission response.--If the Secretary of 
                the Interior finds the resubmitted application 
                described in subparagraph (F) to be in noncompliance, 
                the Secretary of the Interior shall issue a final 
                determination that--
                            ``(i) cites the specific provisions in the 
                        application that are not in compliance;
                            ``(ii) provides a detailed explanation of 
                        the basis for the finding of noncompliance for 
                        each provision found to be noncompliant; and
                            ``(iii) offers assistance to overcome the 
                        finding of noncompliance.
                    ``(H) Failure to respond.--If the entity or 
                entities described in subparagraph (B) do not respond 
                to the notification of the Secretary of the Interior 
                described in subparagraph (E) within a 30-day period 
                after receipt of such notification, the application 
                shall be deemed to be disapproved.'';
            (6) by inserting after section 1116 (20 U.S.C. 6316) the 
        following:

``SEC. 1116A. INDIAN SCHOOL TURN AROUND PROGRAM.

    ``(a) Purpose.--The purpose of this section is to significantly 
improve outcomes for Indian and Native Hawaiian students in 
persistently low-performing schools by--
            ``(1) enabling Indian tribes, Native Hawaiian educational 
        organizations, or tribal educational agencies to turn around 
        low-performing schools operated by a local educational agency 
        on Indian lands or land of the Department of Hawaiian Home 
        Lands;
            ``(2) building the capacity of tribes, Native Hawaiian 
        educational organizations, and tribal educational agencies to 
        improve student academic achievement in low-performing and 
        persistently low-performing schools; and
            ``(3) supporting tribes and tribal educational agencies in 
        implementing school intervention models.
    ``(b) Definitions.--In this section:
            ``(1) Department of hawaiian home lands.--The term 
        `Department of Hawaiian Home Lands' means the Department of 
        Hawaiian Home Lands of the State of Hawaii (or a successor in 
        function), originally established under the Hawaiian Homes 
        Commission Act, 1920 (42 Stat. 108, chapter 42).
            ``(2) Indian lands.--The term `Indian lands' has the 
        meaning given the term in section 8013.
            ``(3) Indian school.--The term `Indian school' means any 
        school located on Indian lands.
            ``(4) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community (including any Native village, Regional Corporation, 
        or Village Corporation as defined in, or established pursuant 
        to, the Alaska Native Claims Settlement Act), that is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            ``(5) Native hawaiian educational organization.--The term 
        `Native Hawaiian educational organization' means a private 
        nonprofit organization that--
                    ``(A) serves the interests of Native Hawaiians;
                    ``(B) operates an elementary school, secondary 
                school, or institution of higher education on land of 
                the Department of Hawaiian Home Lands;
                    ``(C) has Native Hawaiians in substantive and 
                policymaking positions within the organization;
                    ``(D) incorporates Native Hawaiian perspective, 
                values, language, culture, and traditions into the core 
                function of the organization;
                    ``(E) has demonstrated expertise in the education 
                of Native Hawaiian children; and
                    ``(F) has demonstrated expertise in research and 
                program development.
            ``(6) Tribal educational agency.--The term `tribal 
        educational agency'--
                    ``(A) means the authorized governmental agency or 
                administrative unit of a federally-recognized Indian 
                tribe (as defined in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b)) that is primarily responsible for regulating, 
                administering, or supervising the formal education of 
                tribal members; and
                    ``(B) includes tribal education departments, tribal 
                divisions of education, tribally sanctioned education 
                authorities, tribal education administrative planning 
                and development agencies, tribal educational agencies, 
                and tribal administrative education entities.
    ``(c) Identification of Low-Performing Indian Schools.--
            ``(1) In general.--Each State that receives funds under 
        this part shall annually identify any Indian school operated by 
        a local educational agency that--
                    ``(A) is a school identified under section 1116(b); 
                and
                    ``(B)(i) in the case of an Indian school that is an 
                elementary school, is in the lowest 5 percent of the 
                State's public elementary schools;
                    ``(ii) in the case of an Indian school that is a 
                secondary school that does not award a high school 
                diploma, is in the lowest 5 percent of the State's 
                public secondary schools that do not award a high 
                school diploma; or
                    ``(iii) in the case of an Indian school that is a 
                secondary school that does award a high school 
                diploma--
                            ``(I) is in the bottom 5 percent of the 
                        State's public secondary schools that award a 
                        high school diploma; or
                            ``(II) has a graduation rate below 60 
                        percent.
            ``(2) Report.--If a school is identified by a State under 
        paragraph (1), the State shall notify the tribe on whose Indian 
        lands any such school is located that the school has been 
        identified as a low-performing school.
    ``(d) Grants Authorized.--
            ``(1) In general.--The Secretary shall award grants, on a 
        competitive basis, to Indian tribes, Native Hawaiian 
        educational organizations, or tribal educational agencies to 
        enable such tribes or agencies to carry out the activities 
        described in subsection (g).
            ``(2) Duration.--
                    ``(A) In general.--A grant awarded under this 
                section shall be for a period of 4 years.
                    ``(B) Renewal.--The Secretary may renew a grant 
                under this section for an additional 4-year period if 
                the Indian tribe, Native Hawaiian educational 
                organization, or tribal educational agency demonstrates 
                sufficient progress, as defined by the State, on the 
                core academic indicators and leading indicators 
                described in subsection (h)(1)(B).
    ``(e) Application.--
            ``(1) In general.--Each Indian tribe, Native Hawaiian 
        educational organization, or tribal educational agency that 
        desires to receive a grant under this section shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may reasonably 
        require. At a minimum, each application shall include--
                    ``(A) an analysis of the school described under 
                subsection (c)(1) that the Indian tribe, Native 
                Hawaiian educational organization, or tribal 
                educational agency proposes to serve, and an 
                appropriate intervention model for such school;
                    ``(B) a budget, which shall demonstrate sufficient 
                funds to implement fully and effectively the selected 
                intervention model; and
                    ``(C) a description of how the Indian tribe, Native 
                Hawaiian educational organization, or tribal 
                educational agency will--
                            ``(i) help develop a pipeline of teachers 
                        and leaders for the school;
                            ``(ii) collect and report data;
                            ``(iii) support effective extended learning 
                        time strategies; and
                            ``(iv) build capacity in the tribe or 
                        tribal educational agency for assisting schools 
                        described under subsection (c)(1).
            ``(2) Additional application requirements if subgrants are 
        awarded.--If an Indian tribe, Native Hawaiian educational 
        organization, or tribal educational agency proposes to issue 
        subgrants, as described under subsection (g)(2), such tribe, 
        organization, or agency shall include in the application, in 
        addition to the requirements described under paragraph (1), the 
        following:
                    ``(A) A copy of the application form and 
                instructions that the Indian tribe, Native Hawaiian 
                educational organization, or tribal educational agency 
                will provide to potential recipients of subgrants.
                    ``(B) A description of how the Indian tribe, Native 
                Hawaiian educational organization, or tribal 
                educational agency will set priorities for awarding 
                subgrants.
                    ``(C) A description of how the Indian tribe, Native 
                Hawaiian educational organization, or tribal 
                educational agency will monitor each entity that is 
                awarded a subgrant.
    ``(f) State Educational Agency and Local Education Agency 
Responsibilities.--
            ``(1) In general.--If an Indian tribe, Native Hawaiian 
        educational organization, or tribal educational agency receives 
        a grant under this section for an Indian or Native Hawaiian 
        school that has been identified under subsection (c)(1), the 
        Secretary shall notify the State in which the school is 
        located, and the State educational agency and the local 
        educational agency that serve such school shall--
                    ``(A) maintain funding for the school at not less 
                than the amount supplied in the academic year 
                immediately preceding the academic year for which the 
                grant under this section applies;
                    ``(B) at the request of the Indian tribe, Native 
                Hawaiian educational organization, or tribal 
                educational agency, enter into a cooperative agreement 
                to authorize the tribe, organization, or agency to 
                plan, conduct, consolidate, and administer programs, 
                services, functions, and activities, or portions 
                thereof, administered by the State educational agency 
                or the local educational agency on behalf of the 
                school; and
                    ``(C) authorize the Indian tribe, Native Hawaiian 
                educational organization, or tribal educational agency 
                to reallocate funds for such programs, services, 
                functions, and activities, or portions thereof, as 
                necessary.
            ``(2) Maintenance of effort requirement.--If the 
        maintenance of effort requirement described in paragraph (1)(A) 
        is not met, the Secretary may withhold funding under title I 
        from the State until such requirement is met.
            ``(3) Disagreement.--If an Indian tribe, Native Hawaiian 
        educational organization, or tribal educational agency, as the 
        case may be, and the State educational agency or local 
        educational agency cannot reach an agreement, the tribe, 
        organization, or tribal educational agency may submit to the 
        Secretary information that such tribe, organization, or agency 
        deems relevant, and the Secretary may make a determination on 
        the disputed issue.
    ``(g) Use of Funds.--
            ``(1) School intervention model.--
                    ``(A) In general.--An Indian tribe or tribal 
                educational agency that receives a grant under this 
                section shall use not less than 90 percent of the grant 
                funds to implement a school intervention model 
                described in subsection (i), either directly or through 
                a turn around partner that is awarded a subgrant, in a 
                school identified under subsection (c)(1).
                    ``(B) Use of funds for comprehensive services.--The 
                Indian tribe or tribal educational agency, in 
                implementing any of the school intervention models 
                described in subsection (i) in any school served under 
                the grant--
                            ``(i) shall identify and address issues 
                        that may contribute to low academic achievement 
                        in the schools identified under subsection 
                        (c)(1); and
                            ``(ii) may use funds under this section to 
                        provide comprehensive services to address the 
                        issues described in subparagraph (A) and meet 
                        the full range of student needs.
            ``(2) Subgrants.--An Indian tribe or tribal educational 
        agency that receives a grant under this section may award 
        subgrants.
            ``(3) Tribe or tribal educational agency activities.--An 
        Indian tribe or tribal educational agency that receives a grant 
        under this section shall use any portion of the grant funds 
        that the tribe or tribal educational agency does not use to 
        fulfill or carry out activities designed to build tribe or 
        tribal educational agency capacity to support school 
        improvement. These activities may include--
                    ``(A) providing technical assistance and other 
                support, either directly or through the creation of a 
                school turn around office or a turn around partner, to 
                schools identified under subsection (c)(1), which may 
                include--
                            ``(i) the use of school quality review 
                        teams; or
                            ``(ii) regular site visits to monitor the 
                        implementation of selected intervention models;
                    ``(B) evaluating Indian tribe or tribal educational 
                agency implementation of school intervention models and 
                other improvement activities;
                    ``(C) using the results of the evaluations 
                described in subparagraph (B) to improve Indian tribe 
                or tribal educational agency strategies for supporting, 
                and providing flexibility for, targeted schools that 
                are identified under subsection (c)(1);
                    ``(D) developing pipelines of teachers and leaders 
                that are trained to work in schools that are low-
                performing schools, such as the schools identified in 
                subsection (c)(1);
                    ``(E) collecting and reporting data;
                    ``(F) building capacity in the Indian tribe or 
                tribal educational agency for assisting schools 
                identified under subsection (c)(1); or
                    ``(G) carrying out other activities designed to 
                build Indian tribe or tribal educational agency 
                capacity to support school improvement.
    ``(h) Data Collection and Reporting.--
            ``(1) In general.--Each Indian tribe or tribal educational 
        agency receiving a grant under this section shall--
                    ``(A) comply with the reporting and accountability 
                requirements of this part for each school that such 
                Indian tribe or tribal educational agency serves; and
                    ``(B) monitor and collect data about the students 
                that such Indian tribe or tribal educational agency 
                serves at each school that is served by the grant 
                program, including the following data:
                            ``(i) Core academic indicators, such as--
                                    ``(I) the percentage of students at 
                                each school who are at or above the 
                                proficient level on State academic 
                                assessments in reading or language arts 
                                and mathematics;
                                    ``(II) student progress toward core 
                                academic benchmarks;
                                    ``(III) the average score for 
                                students in each school on State 
                                academic assessments in reading or 
                                language arts and mathematics;
                                    ``(IV) secondary school graduation 
                                rates; and
                                    ``(V) rates of student enrollment 
                                in an institution of higher education.
                            ``(ii) Leading indicators, such as--
                                    ``(I) student attendance rates;
                                    ``(II) the number and percentage of 
                                students completing advanced 
                                coursework;
                                    ``(III) student participation in 
                                State assessments in reading or 
                                language arts and mathematics under 
                                section 1111(b)(3);
                                    ``(IV) school dropout rates;
                                    ``(V) discipline incident rates;
                                    ``(VI) teacher attendance rates;
                                    ``(VII) the distribution of 
                                teachers by performance level, based on 
                                the teacher evaluation system 
                                established by the Indian tribe or 
                                tribal educational agency; and
                                    ``(VIII) reduction in the 
                                percentage of students in the lowest 
                                level of achievement on State 
                                assessments in reading or language arts 
                                and mathematics under section 1111.
            ``(2) Report.--Each Indian tribe or tribal educational 
        agency receiving a grant under this section shall prepare and 
        submit a report to the Secretary, which shall include the data 
        described in paragraph (1)(B).
    ``(i) School Intervention Models.--Each tribe or tribal educational 
agency that receives a grant under this section shall choose to 
implement 1 or more of the following school intervention models in each 
school supported under this section:
            ``(1) Transformation model.--A transformation model is a 
        school intervention model in which the Indian tribe or tribal 
        educational agency--
                    ``(A) replaces a principal (if such principal has 
                led the school for 2 or more years) with a new 
                principal who has demonstrated effectiveness in turning 
                around a low-performing school;
                    ``(B) uses rigorous, transparent, and equitable 
                evaluation systems to--
                            ``(i) identify and reward school leaders, 
                        teachers, and other staff who, in implementing 
                        the model, increase student achievement and, if 
                        applicable, secondary school graduation rates; 
                        and
                            ``(ii) identify and remove school leaders, 
                        teachers, and other staff who, after ample 
                        opportunities have been provided for such 
                        individuals to improve their professional 
                        practice--
                                    ``(I) do not increase student 
                                achievement;
                                    ``(II) if applicable, do not 
                                increase secondary school graduation 
                                rates; and
                                    ``(III) have not demonstrated 
                                effectiveness according to the tribe or 
                                tribal educational agency's evaluation 
                                system;
                    ``(C) provides staff with ongoing, high-quality, 
                job-embedded professional development that--
                            ``(i) is aligned with the school's 
                        instruction program and evaluation system;
                            ``(ii) facilitates effective teaching and 
                        learning; and
                            ``(iii) supports the implementation of 
                        school-reform strategies;
                    ``(D) implements strategies (such as financial 
                incentives, increased opportunities for promotion and 
                career growth, and more flexible work conditions) that 
                are designed to recruit, place, and retain staff who 
                have the skills necessary to meet the needs of students 
                in the school;
                    ``(E) uses data to identify and implement a 
                research-based instruction program that--
                            ``(i) is aligned with State or tribal 
                        challenging academic content standards and 
                        challenging student academic achievement 
                        standards under section 1111(b); and
                            ``(ii) has been proven to raise student 
                        academic achievement by not less than 10 
                        percent in 1 year;
                    ``(F) establishes schedules and strategies that 
                provide increased learning time (which may include 
                offering full-day kindergarten or a high-quality 
                preschool program or using a longer school day, week, 
                or year that increases the total number of hours at 
                school for the school year by not fewer than 300 hours) 
                in order to significantly increase the total number of 
                school hours to include time for--
                            ``(i) instruction in core subjects, such as 
                        English, reading or language arts, mathematics, 
                        science, foreign language (which may include a 
                        Native American language), civics and 
                        government, economics, arts, history, and 
                        geography;
                            ``(ii) instruction in traditional and 
                        cultural programs;
                            ``(iii) instruction in other subjects; and
                            ``(iv) enrichment activities, such as 
                        physical education, service learning, and 
                        experiential work-based opportunities;
                    ``(G) promotes the continuous use of student data 
                to provide instruction that meets the academic needs of 
                individual students, which may include, in elementary 
                school, individual students' levels of school 
                readiness;
                    ``(H) provides ongoing mechanisms for family, 
                community, and tribal involvement;
                    ``(I) ensures that the school receives ongoing, 
                intensive technical assistance and related support from 
                the tribe or tribal educational agency; and
                    ``(J) provides appropriate social-emotional and 
                community-oriented support services for students, and 
                at the discretion of the tribe or tribal educational 
                agency, uses not more than 10 percent of the total 
                grant funds for such services.
            ``(2) Restart model.--A restart model is a school 
        intervention model in which the Indian tribe or tribal 
        educational agency--
                    ``(A) converts a school--
                            ``(i) under a charter or school operator 
                        and charter management organization;
                            ``(ii) under an education management 
                        organization; or
                            ``(iii) as an autonomous or redesigned 
                        school;
                    ``(B) implements a rigorous review process to 
                select such a charter or school operator and charter 
                management organization, or an education management 
                organization, as applicable, which includes an 
                assurance that such operator or organization will make 
                significant changes in the leadership and staffing of 
                the school; and
                    ``(C) enrolls in the school any former student who 
                wishes to attend the school and who is within the 
                grades the school services.
            ``(3) Turnaround model.--A turnaround model is a school 
        intervention model in which the Indian tribe or tribal 
        educational agency--
                    ``(A) replaces a principal (if such principal has 
                led the school for 2 or more years) with a new 
                principal who has demonstrated effectiveness in turning 
                around a low-performing school;
                    ``(B) gives a new principal sufficient operational 
                flexibility (including flexibility in staffing, the 
                school day and school calendar, and budgeting) to fully 
                implement a comprehensive approach to improve student 
                outcomes;
                    ``(C) uses a comprehensive evaluation system to 
                evaluate staff, including the use of student 
                achievement data to measure the effectiveness of staff;
                    ``(D) screens all staff who are employed at the 
                school as of the time when the turnaround model is 
                implemented and retains not more than 50 percent of 
                such staff;
                    ``(E) requires the principal to justify personnel 
                decisions (such as hiring, dismissal, and rewards) 
                based on the results of the comprehensive evaluation 
                system;
                    ``(F) provides staff with ongoing, high-quality, 
                job-embedded professional development that--
                            ``(i) is aligned with the school's 
                        instruction program and evaluation system;
                            ``(ii) facilitates effective teaching and 
                        learning; and
                            ``(iii) supports the implementation of 
                        school-reform strategies;
                    ``(G) uses data to--
                            ``(i) identify and implement a research-
                        based instructional program;
                            ``(ii) evaluate school improvement 
                        strategies; and
                            ``(iii) inform differentiated instruction, 
                        in order to meet the academic needs of 
                        individual students;
                    ``(H) encourages the use of extended learning time 
                partnerships;
                    ``(I) establishes schedules and strategies that 
                provide increased learning time (which may include 
                offering full-day kindergarten or a high-quality 
                preschool program or using a longer school day, week, 
                or year that increases the total number of hours at 
                school for the school year by not fewer than 300 hours) 
                in order to significantly increase the total number of 
                school hours to include time for--
                            ``(i) instruction in core subjects, such as 
                        English, reading or language arts, mathematics, 
                        science, foreign language (which may include a 
                        Native American language), civics and 
                        government, economics, arts, history, and 
                        geography;
                            ``(ii) instruction in traditional and 
                        cultural programs;
                            ``(iii) instruction in other subjects;
                            ``(iv) enrichment activities, such as 
                        physical education, service learning, and 
                        experiential work-based opportunities; or
                            ``(v) teachers to collaborate, plan, and 
                        engage in professional development within and 
                        across grades and subjects;
                    ``(J) provides ongoing mechanisms for family, 
                community, and tribal involvement; and
                    ``(K) provides appropriate social and emotional 
                community-oriented support services for students.
    ``(j) Insufficient Progress.--If an Indian tribe or tribal 
educational agency fails to demonstrate sufficient progress, as defined 
by the State, on the core academic indicators and leading indicators 
described in subsection (h)(1)(B), such tribe or agency shall be 
required to--
            ``(1) modify the existing school intervention model; or
            ``(2) restart the school using the restart model described 
        in subsection (i)(2).
    ``(k) Reservation of Funds.--Notwithstanding any other provision of 
this Act, from the amount appropriated each fiscal year for grants to 
State educational agencies and local educational agencies for school 
improvement actions under this part, the Secretary shall reserve not 
less than 10 percent of such amount for grants under this section.'';
            (7) in section 1118 (20 U.S.C. 6318)--
                    (A) in subsection (a)(2)--
                            (i) in subparagraph (E), by striking 
                        ``and'' after the semicolon;
                            (ii) by redesignating subparagraph (F) as 
                        subparagraph (G); and
                            (iii) by inserting after subparagraph (E) 
                        the following:
                    ``(F) with respect to an agency that serves Indian 
                children, identify the barriers to effective 
                involvement of the parents of such children; and''; and
                    (B) in subsection (e)--
                            (i) by redesignating paragraphs (6) through 
                        (14) as paragraphs (7) through (15), 
                        respectively; and
                            (ii) by inserting after paragraph (5), the 
                        following:
            ``(6) in consultation with Indian tribes and parents of 
        Indian children who are served by any school that is served by 
        the agency, shall establish mechanisms to overcome barriers to 
        effective Indian parental involvement, which may include--
                    ``(A) providing literacy programs and use of 
                technology training, as needed, for such parents at 
                locations accessible to the homes of such parents;
                    ``(B) providing or paying the reasonable costs of 
                transportation and child care to enable such parents to 
                participate in literacy programs, use of technology 
                training, and school-related meetings;
                    ``(C) providing training regarding the roles, 
                rights, and responsibilities of such parents, including 
                information about culture-based education; and
                    ``(D) contracting with an Indian tribe or tribal 
                educational agency to provide the services described in 
                subparagraphs (A), (B) and (C);''; and
            (8) in section 1119 (20 U.S.C. 6319), by adding at the end 
        the following:
    ``(m) Qualifications for Native Language Teachers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the requirements of subsection (a) on local educational 
        agencies and States with respect to highly qualified teachers, 
        shall not apply to a teacher of a Native language.
            ``(2) Alternative licensure or certification.--Each State 
        educational agency receiving assistance under this part shall 
        develop an alternative licensure or certification for teachers 
        of a Native language.''.

SEC. 112. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH 
              WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.

    Part D of title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6421 et seq.) is amended--
            (1) in section 1401(20 U.S.C. 6401)--
                    (A) in subsection (a)(3), by inserting ``and the 
                involvement of their families and their communities'' 
                after ``their continued education''; and
                    (B) in subsection (b), by inserting ``(subject to 
                section 1402(c))'' after ``section 1002(d)'';
            (2) in section 1402 (20 U.S.C. 6422), by adding at the end 
        the following:
    ``(c) Reservation for the Secretary of the Interior.--From the 
amount appropriated for this part for any fiscal year, the Secretary 
shall reserve 4 percent of such funds for the Secretary of the Interior 
to provide educational services for at-risk Indian children, including 
Indian youth in correctional facilities operated by the Secretary of 
the Interior or by an Indian tribe.'';
            (3) in section 1414(c) (20 U.S.C. 6434(c))--
                    (A) in paragraph (9), by inserting ``, Indian 
                tribes, tribal educational agencies,'' after ``local 
                educational agencies'';
                    (B) by redesignating paragraphs (12) through (19) 
                as paragraphs (13) through (20), respectively;
                    (C) by inserting after paragraph (11), the 
                following:
            ``(12) describe the procedure that the State agency will 
        use to consult, on an ongoing basis, with Indian tribes in the 
        State to determine the needs of Indian children and youth who 
        are neglected, delinquent, or at-risk, including such children 
        and youth in a correctional facility or institution;'';
                    (D) in paragraph (19), as redesignated by 
                subparagraph (B), by striking ``and'' after the 
                semicolon;
                    (E) in paragraph (20), as redesignated by 
                subparagraph (B), by striking the period at the end and 
                inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(21) provides an assurance that the program under this 
        subpart will utilize curriculum that is culturally appropriate, 
        based on the demographics of the neglected or delinquent 
        children and youth served by such program.'';
            (4) in section 1416 (20 U.S.C. 6436)--
                    (A) in paragraph (7), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) includes an assurance that the State agency has 
        consulted with Indian tribes in the State in the development of 
        the comprehensive plan under this part.'';
            (5) in section 1418 (20 U.S.C. 6438)--
                    (A) by striking paragraph (1) of subsection (a) and 
                inserting the following:
            ``(1) projects that facilitate the transition of children 
        and youth from State-operated institutions, or institutions in 
        the State operated by the Secretary of the Interior or Indian 
        tribes, to schools served by local educational agencies or to 
        schools funded by the Bureau of Indian Education; or'';
                    (B) in subsection (b), by inserting ``Indian 
                tribes,'' after ``local educational agencies,'';
                    (C) by redesignating subsection (c) as subsection 
                (d); and
                    (D) by inserting after subsection (b) the 
                following:
    ``(c) Consultation With Indian Tribes.--The State agency shall 
consult with Indian tribes in the State in the development of 
transition projects, and coordinate such State projects with transition 
and reentry projects operated by such tribes.'';
            (6) in section 1419(2) (20 U.S.C. 6439(2)), by inserting 
        ``and Indian tribal programs'' after ``State agency programs'';
            (7) in section 1421 (20 U.S.C. 6451)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``, including correctional facilities in the 
                State operated by the Secretary of the Interior or 
                Indian tribes'' after ``locally operated correctional 
                facilities''; and
                    (B) in paragraph (3), by inserting ``, including 
                schools funded by the Bureau of Indian Education,'' 
                after ``local schools'';
            (8) in section 1422 (20 U.S.C. 6452)--
                    (A) in subsection (a), by striking ``(including 
                facilities involved in community day programs).'' and 
                inserting ``(including facilities involved in community 
                day programs and facilities in the State that are 
                operated by the Secretary of the Interior or Indian 
                tribes).''; and
                    (B) in subsection (d), by inserting ``, schools 
                funded by the Bureau of Indian Education,'' after 
                ``returning to local educational agencies'';
            (9) in section 1423 (20 U.S.C. 6453)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``and, as appropriate, an Indian tribe in the 
                        State'' after ``local educational agency''; and
                            (ii) in subparagraph (B), by inserting ``, 
                        including such facilities operated by the 
                        Secretary of the Interior and Indian tribes'' 
                        after ``juvenile justice system'';
                    (B) by redesignating paragraphs (4) through (13) as 
                paragraphs (5) through (14), respectively;
                    (C) by inserting after paragraph (3) the following:
            ``(4) a description of the process for consultation and 
        coordination with Indian tribes in the State regarding services 
        provided under the program to Indian children and youth;'';
                    (D) in paragraph (13), as redesignated by 
                subparagraph (B), by striking ``and'' after the 
                semicolon;
                    (E) in paragraph (14), as redesignated by 
                subparagraph (B), by striking the period at the end and 
                inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(15) a description of the demographics of the children 
        and youth served and an assurance that the curricula and co-
        curricular activities will be culturally appropriate for such 
        children and youth.'';
            (10) in section 1424 (20 U.S.C. 6454)--
                    (A) in paragraph (4), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) programs for at-risk Indian children and youth, 
        including such individuals in correctional facilities in the 
        area served by the local educational agency that are operated 
        by the Secretary of the Interior or Indian tribes.'';
            (11) by redesignating subpart 3 (20 U.S.C. 6471 et seq.) as 
        subpart 4;
            (12) by redesignating sections 1431 and 1432 (20 U.S.C. 
        6471, 6472) as sections 1441 and 1442, respectively;
            (13) by inserting after subpart 2 (20 U.S.C. 6451 et seq.) 
        the following:

     ``Subpart 3--Education Programs for Indian Children and Youth

``SEC. 1432. GRANTS TO INDIAN TRIBES.

    ``(a) Purpose.--The purpose of this section is to authorize an 
educational program to be known as the `Indian Children and Youth At-
Risk Education Program', which shall--
            ``(1) carry out high-quality and culturally appropriate 
        education programs to prepare Indian children and youth who are 
        in correctional facilities (or enrolled in community day 
        programs for neglected or delinquent children and youth) 
        operated by the Secretary of the Interior or Indian tribes for 
        secondary school completion, training, employment, or further 
        education; and
            ``(2) to provide activities to facilitate the transition of 
        such children and youth from the correctional program to 
        further education or employment.
    ``(b) Grants Authorized.--
            ``(1) In general.--From the amount reserved for the 
        Secretary of the Interior under section 1402(c), and subject to 
        paragraph (2), the Secretary of the Interior shall award 
        grants, on a competitive basis, to Indian tribes with high 
        numbers or percentages of children and youth in juvenile 
        detention facilities that are operated by the Secretary of the 
        Interior or Indian tribes in order to enable such Indian tribes 
        to carry out the activities described in section 1424.
            ``(2) Contract in lieu of grant.--At the request of an 
        Indian tribe, the Secretary of the Interior shall enter into a 
        contract under the Indian Self-Determination and Education 
        Assistance Act for operation of a program under this subpart in 
        lieu of making a grant to such tribe.
            ``(3) Notification.--The Secretary of the Interior shall 
        notify Indian tribes of the availability of funding under this 
        subpart.
    ``(c) Tribal Applications.--Each Indian tribe desiring to receive a 
grant under this subpart shall submit an application to the Secretary 
of the Interior at such time, in such manner, and accompanied by such 
information as the Secretary of the Interior may require. Each such 
application shall include the following:
            ``(1) A description of the program that will be assisted 
        with grant funds under this subpart.
            ``(2) A description of any formal agreements regarding the 
        program, between the Indian tribe and, as appropriate--
                    ``(A) 1 or more local educational agencies;
                    ``(B) 1 or more schools funded by the Bureau of 
                Indian Education;
                    ``(C) correctional facilities operated by the 
                Secretary of the Interior or Indian tribes;
                    ``(D) alternative school programs serving Indian 
                children and youth who are involved with the juvenile 
                justice system; or
                    ``(E) tribal, State, private, or public 
                organizations or corporations providing education, 
                skill-building, or reentry services.
            ``(3) As appropriate, a description of how participating 
        entities will coordinate with facilities working with 
        delinquent Indian children and youth to ensure that such 
        children and youth are participating in an education program 
        comparable to the education program in the local school that 
        such children and youth would otherwise attend.
            ``(4) A description of how the program will develop 
        culturally appropriate academic curricula and co-curricular 
        activities to supplement the educational program provided by a 
        facility working with delinquent Indian children and youth.
            ``(5) A description of the program that the Indian tribe 
        will carry out for Indian children and youth returning from 
        correctional facilities.
            ``(6) As appropriate, a description of the types of 
        services that such tribe will provide for such children and 
        youth and other at-risk children and youth, either directly or 
        in cooperation with local educational agencies and schools 
        funded by the Bureau of Indian Education.
            ``(7) A description of the characteristics (including 
        learning difficulties, substance abuse problems, and other 
        special needs) of the Indian children and youth who will be 
        returning from correctional facilities and, as appropriate, 
        other at-risk Indian children and youth expected to be served 
        by the program.
            ``(8) A description of how the tribe will coordinate the 
        program with existing educational programs of local educational 
        agencies and schools funded by the Bureau of Indian Education 
        to meet the unique educational needs of Indian children and 
        youth who will be returning from correctional facilities and, 
        as appropriate, other at-risk Indian children and youth 
        expected to be served by the program.
            ``(9) As appropriate, a description of how the program will 
        coordinate with existing social, health, and other services to 
        meet the needs of students returning from correctional 
        facilities, including--
                    ``(A) prenatal health care;
                    ``(B) nutrition;
                    ``(C) mental health and substance abuse services;
                    ``(D) targeted reentry and outreach programs; and
                    ``(E) referrals to community resources related to 
                the health of the child or youth.
            ``(10) A description of partnerships with tribal, State, 
        private, or public organizations, or corporations to develop 
        vocational training, curriculum-based youth entrepreneurship 
        education, and mentoring services for participating students.
            ``(11) As appropriate, a description of how the program 
        will involve parents in efforts to--
                    ``(A) improve the educational achievement of their 
                children;
                    ``(B) assist in dropout prevention activities; and
                    ``(C) prevent the involvement of their children in 
                delinquent activities.
            ``(12) A description of how the program under this subpart 
        will be coordinated with other Federal, State, tribal, and 
        local programs, such as programs under title I of Public Law 
        105-220 and vocational and technical education programs serving 
        at-risk children and youth.
            ``(13) A description of how the program will be coordinated 
        with programs operated under the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) and 
        other comparable programs, if applicable.
            ``(14) A description of the efforts participating schools 
        will make to ensure that correctional facilities working with 
        children and youth are aware of any existing individualized 
        education programs for such children or youth.
            ``(15) As appropriate, a description of the steps 
        participating schools will take to find alternative placements 
        for children and youth who are interested in continuing their 
        education but unable to participate in a regular school 
        program.
            ``(16) As appropriate, a description of how the program 
        under this subpart will be coordinated with other Federal, 
        State, tribal, and local programs serving at-risk children and 
        youth.
            ``(17) As appropriate, a description of how the program 
        will coordinate with probation officers to assist in meeting 
        the needs of children and youth returning from correctional 
        facilities.
    ``(d) Uses of Funds.--Funds provided to Indian tribes under this 
subpart may be used for the purposes described in section 1424.
    ``(e) Program Requirements for Correctional Facilities Receiving 
Funds Under This Subpart.--Each correctional facility entering into an 
agreement with an Indian tribe under subsection (c)(2) to provide 
services to Indian children and youth under this subpart shall--
            ``(1) if feasible, ensure that educational programs in the 
        correctional facility are coordinated with the student's home 
        school, particularly in the case of a student with an 
        individualized education program under part B of the 
        Individuals with Disabilities Education Act;
            ``(2) if a child or youth is identified as in need of 
        special education and related services while in the 
        correctional facility, notify such child's local school;
            ``(3) provide transition assistance to help the child or 
        youth stay in school, including coordination of services for 
        the family, counseling, assistance in accessing drug and 
        alcohol abuse prevention programs, tutoring, and family 
        counseling;
            ``(4) provide support programs that encourage children and 
        youth who have dropped out of school to reenter school once 
        their term at the correctional facility has been completed, or 
        provide such children and youth with the skills necessary to 
        gain employment or seek a secondary school diploma or its 
        recognized equivalent;
            ``(5) work to ensure that the correctional facility is 
        staffed with teachers and other qualified staff who are trained 
        to work with children and youth with disabilities, taking into 
        consideration the unique needs of such children and youth;
            ``(6) ensure that education programs in the correctional 
        facility aim to help students meet high academic achievement 
        standards;
            ``(7) to the extent possible, use technology to assist in 
        coordinating educational programs between the correctional 
        facility and participating program partners;
            ``(8) where feasible, involve parents in efforts to improve 
        the educational achievement of their children and youth and 
        prevent the further involvement of such children and youth in 
        delinquent activities;
            ``(9) coordinate funds received under this subpart with 
        other local, State, tribal, and Federal funds available to 
        provide services to participating children and youth, such as 
        funds made available under title I of Public Law 105-220, and 
        vocational and technical education funds;
            ``(10) coordinate programs operated under this subpart with 
        activities funded under the Juvenile Justice and Delinquency 
        Prevention Act of 1974 and other comparable programs, if 
        applicable; and
            ``(11) work with local partners to develop training, 
        curriculum-based youth entrepreneurship education, and 
        mentoring programs for children and youth.
    ``(f) Technical Assistance.--At the request of an Indian tribe that 
receives assistance under this section, the Secretary of the Interior 
may, to the extent resources are available, provide technical 
assistance--
            ``(1) to improve the performance of a program funded under 
        this section;
            ``(2) to recruit and retain qualified educational 
        professionals to assist in the delivery of services under such 
        program; and
            ``(3) to perform the program evaluations required by 
        section 1441.

``SEC. 1433. EDUCATIONAL ALTERNATIVES TO DETENTION.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to decrease the number of incarcerated Indian 
        children and youth;
            ``(2) to decrease the rate of high school dropouts among 
        Indian youth;
            ``(3) to provide educational alternatives to incarceration 
        for at-risk Indian children and youth; and
            ``(4) to increase community and family involvement in the 
        education of at-risk Indian children and youth.
    ``(b) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) an Indian tribe, tribal educational agency, 
                or tribal organization;
                    ``(B) a Bureau-funded school, as defined in section 
                1141 of the Education Amendments of 1978 (25 U.S.C. 
                2021);
                    ``(C) a correctional facility, in consortium with a 
                tribe, tribal educational agency, or tribal 
                organization, as defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b); or
                    ``(D) a State educational agency or local 
                educational agency in consortium with a tribe, tribal 
                educational agency, or tribal organization.
            ``(2) Tribal educational agency.--The term `tribal 
        educational agency' has the meaning given the term in section 
        1116A(b).
    ``(c) Program Authorized.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        is authorized to award grants to eligible entities having 
        applications approved under this section to enable such 
        entities to carry out the activities described in subsection 
        (d).
            ``(2) Contracts.--At the request of an Indian tribe, the 
        Secretary shall transfer program funding to the Secretary of 
        the Interior, who shall enter into a contract under the Indian 
        Self-Determination and Education Assistance Act with the tribe 
        for operation of a program under this section in lieu of making 
        a grant to such tribe.
            ``(3) Duration.--Grants awarded under this section shall be 
        for a period of not less than 3 years and not more than 5 
        years.
    ``(d) Authorized Activities.--Grant funds under this section shall 
be used for activities to provide educational alternatives for Indian 
youth who have been sentenced to incarceration or juvenile detention, 
in a manner consistent with the purposes of this section. Such 
activities may include--
            ``(1) half- or full-day alternative education programs for 
        disruptive youth who are temporarily suspended;
            ``(2) school-based drug and substance abuse prevention 
        programs;
            ``(3) truancy prevention programs;
            ``(4) multi-year alternative educational programs; and
            ``(5) home or community detention programs.
    ``(e) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information as the Secretary 
may require. Each such application shall include the following:
            ``(1) A description of the program that will be assisted 
        with grant funds under this section.
            ``(2) A description of any formal agreements regarding the 
        program, between the Indian tribe and, as appropriate--
                    ``(A) 1 or more local educational agencies;
                    ``(B) 1 or more schools funded by the Bureau of 
                Indian Education;
                    ``(C) correctional facilities operated by the 
                Secretary of the Interior or Indian tribes; or
                    ``(D) tribal, State, private, or public 
                organizations or corporations providing education, 
                skill-building, or reentry services.
            ``(3) As appropriate, a description of how the program will 
        develop culturally appropriate academic curriculum and co-
        curricular activities.
            ``(4) As appropriate, a description of the types of 
        services that the eligible entity will provide to at-risk 
        Indian children, youth, and families.
            ``(5) As appropriate, a description of any partnerships 
        with tribal, local, or State law enforcement or judicial 
        systems to provide education alternatives to detention and 
        wrap-around services, which may include--
                    ``(A) behavioral health services;
                    ``(B) family counseling;
                    ``(C) teen pregnancy counseling;
                    ``(D) substance abuse services;
                    ``(E) alcohol abuse services; or
                    ``(F) job training.
            ``(6) As appropriate, a description of evaluation 
        activities to develop educational plans for at-risk Indian 
        children and youth who are transitioning back to a local 
        educational agency or earning a secondary school diploma, or 
        the recognized equivalent of a secondary school diploma.
    ``(f) Evaluation.--Each eligible entity that receives a grant under 
this section shall--
            ``(1) evaluate the grant program, not less than once every 
        3 years, to determine the program's success, consistent with 
        the purposes of this section; and
            ``(2) prepare and submit a report containing the 
        information described in paragraph (1) to the Secretary, the 
        Coordinating Council on Juvenile Justice and Delinquency 
        Prevention, and Indian tribes.'';
            (14) in section 1441 (20 U.S.C. 6471), as redesignated by 
        paragraph (12)--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Each State agency or local 
                        educational agency that conducts a program 
                        under subpart 1 or 2 shall'' and inserting 
                        ``Each State agency, local educational agency, 
                        or Indian tribe that conducts a program 
                        evaluation under subpart 1, 2, or 3 shall''; 
                        and
                            (ii) in paragraph (3), by inserting ``or 
                        school funded by the Bureau of Indian 
                        Education'' after ``local educational agency'';
                    (B) in subsection (c), by striking ``a State agency 
                or local educational agency'' and inserting ``a State 
                agency, local educational agency, or Indian tribe''; 
                and
                    (C) by striking subsection (d) and inserting the 
                following:
    ``(d) Evaluation Results.--
            ``(1) In general.--Each State agency, local educational 
        agency, and Indian tribe shall--
                    ``(A) submit evaluation results to the State 
                educational agency and the Secretary; and
                    ``(B) use the results of evaluations under this 
                section to plan and improve subsequent programs for 
                participating children and youth.
            ``(2) Indian tribes.--Each Indian tribe shall also submit 
        evaluation results to the Secretary of the Interior.
    ``(e) Evaluation of Programs for At-Risk Indian Youth.--
            ``(1) In general.--Not later than 4 years after the date of 
        enactment of the Native Culture, Language, and Access for 
        Success in Schools Act, the Secretary and the Secretary of the 
        Interior, in collaboration with the Attorney General, shall 
        prepare a report that--
                    ``(A) compiles demographic information about at-
                risk Indian youth, including Indian youth in 
                correctional facilities operated by the Department of 
                the Interior and Indian tribes;
                    ``(B) evaluates existing educational programs for 
                at-risk Indian youth; and
                    ``(C) provides recommendations for improvement of 
                such educational programs.
            ``(2) Submission to congressional committees.--The 
        Secretary and the Secretary of the Interior shall submit the 
        report described in paragraph (1) to the Committee on Health, 
        Education, Labor, and Pensions and the Committee on Indian 
        Affairs of the Senate, to the Committee on Education and the 
        Workforce and the Committee on Natural Resources of the House 
        of Representatives, and to Indian tribes.''; and
            (15) in section 1442 (20 U.S.C. 6472), as redesignated by 
        paragraph (12), by adding at the end the following:
            ``(5) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, other organized group or community, 
        including any Alaska Native village or Regional Corporation or 
        Village Corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (42 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.''.

SEC. 113. STATE ADMINISTRATION.

    Section 1903(b)(2) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6573(b)(2)) is amended--
            (1) in subparagraph (F), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (G), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(H) representatives of Indian tribes located in 
                the State.''.

 Subtitle B--Preparing, Training, and Recruiting High-Quality Teachers 
                             and Principals

SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS AND 
              PRINCIPALS.

    Title II of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6601 et seq.) is amended--
            (1) in section 2101 (20 U.S.C. 6601)--
                    (A) in paragraph (1), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) recognizing and accommodating Federal law relative to 
        the role of Native American languages in education.'';
            (2) by striking paragraph (3) of section 2102 (20 U.S.C. 
        6602) and inserting the following:
            ``(3) High-need local educational agency.--The term `high-
        need local educational agency' means--
                    ``(A) a local educational agency--
                            ``(i)(I) that serves not fewer than 10,000 
                        children from families with incomes below the 
                        poverty line; or
                            ``(II) for which not less than 20 percent 
                        of the children served by the agency are from 
                        families with incomes below the poverty line; 
                        and
                            ``(ii)(I) for which there is a high 
                        percentage of teachers not teaching in the 
                        academic subjects or grade levels that the 
                        teachers were trained to teach; or
                            ``(II) for which there is a high percentage 
                        of teachers with emergency, provisional, or 
                        temporary certification or licensing; or
                    ``(B) a school funded by the Bureau of Indian 
                Education.'';
            (3) by striking clause (ii) of section 2111(b)(1)(A) (20 
        U.S.C. 6611(b)(1)(A)) and inserting the following:
                            ``(ii) 5 percent for the Secretary of the 
                        Interior to be distributed to schools operated 
                        or funded by the Bureau of Indian Education, as 
                        provided in section 2123(c).'';
            (4) in section 2113(c)(18) (20 U.S.C. 6613(c)(18))--
                    (A) in subparagraph (A), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (B), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) provides access to clearinghouse information 
                to schools in the State that are funded by the Bureau 
                of Indian Education.'';
            (5) in section 2122 (20 U.S.C. 6622)--
                    (A) in subsection (b)--
                            (i) in paragraph (2), by inserting ``, 
                        including Indian students,'' after ``minority 
                        students''; and
                            (ii) in paragraph (9)--
                                    (I) in subparagraph (C), by 
                                striking ``and'' after the semicolon;
                                    (II) in subparagraph (D), by 
                                striking the period at the end and 
                                inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                    ``(E) for teachers in schools that serve Indian 
                children, become familiar with the Indian communities 
                served by the local educational agency and incorporate 
                culturally responsive teaching and learning strategies 
                for Indian children into the educational program.''; 
                and
                    (B) in subsection (c)(2), by inserting ``and, in 
                the case of a local educational agency that serves an 
                Indian tribal community, representatives of Indian 
                tribes,'' after ``part A of title I'';
            (6) in section 2123 (20 U.S.C. 6623)--
                    (A) in subsection (a)--
                            (i) in paragraph (3)(B)--
                                    (I) in clause (ii), by inserting 
                                ``students from Indian reservation 
                                communities,'' after ``(including 
                                students who are gifted and 
                                talented),'';
                                    (II) in clause (iv), by striking 
                                ``limited English proficient and 
                                immigrant children; and'' and inserting 
                                ``children from Indian reservation 
                                communities, limited English proficient 
                                children, and immigrant children;'';
                                    (III) in clause (v), by striking 
                                the period at the end and inserting ``; 
                                and''; and
                                    (IV) by adding at the end the 
                                following:
                            ``(vi) in the case of a local educational 
                        agency that serves Indian children, provide 
                        training in effective incorporation of 
                        culturally responsive teaching and learning 
                        strategies for Indian children.''; and
                            (ii) in paragraph (4)(D), by inserting 
                        ``Indian students,'' after ``disadvantaged 
                        families,''; and
                    (B) by adding at the end the following:
    ``(c) Bureau of Indian Education Schools.--A school funded by the 
Bureau of Indian Education that receives funds reserved under section 
2111(b)(1)(A)(ii) shall use such funds to carry out 1 or more of the 
activities described in subsection (a), and may use such funds to 
improve housing, as needed to recruit and retain highly qualified 
teachers and principals.'';
            (7) in section 2131(1) (20 U.S.C. 6631(1))--
                    (A) in subparagraph (A)(i), by inserting ``, or a 
                Tribal College or University (as defined in section 316 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1059c))'' after ``principals''; and
                    (B) in subparagraph (B), by inserting ``an Indian 
                tribe,'' after ``principal organization,'';
            (8) by inserting after subpart 5, the following:

            ``Subpart 6--Indian Educator Scholarship Program

``SEC. 2161. INDIAN EDUCATOR SCHOLARSHIP PROGRAM.

    ``(a) Grants Authorized.--In order to carry out the United States 
trust responsibility for the education of Indian children, and to 
provide a more stable base of education professionals to serve in 
public elementary schools and secondary schools with a significant 
number of Indian students and schools funded by the Bureau of Indian 
Education, the Secretary shall make scholarship grants to Indians who 
are enrolled full- or part-time in appropriately accredited 
institutions of higher education and pursuing a course of study in 
elementary and secondary education or school administration. Such 
scholarships shall be designated Indian educator scholarships and shall 
be made in accordance with this section.
    ``(b) Eligibility.--
            ``(1) In general.--The Secretary shall determine the 
        applicants who will receive scholarships under subsection (a).
            ``(2) Criteria.--In order to be eligible for participation 
        in the Indian educator scholarship program, an individual 
        must--
                    ``(A) be an Indian, as defined in section 7151;
                    ``(B) be accepted for enrollment, or be enrolled, 
                as a full- or part-time student in a course of study in 
                elementary and secondary education or school 
                administration at an appropriately accredited 
                institution of higher education;
                    ``(C) submit an application to participate in the 
                Indian educator scholarship program at such time and in 
                such manner as the Secretary shall determine; and
                    ``(D) sign and submit to the Secretary at the time 
                that such application is submitted, a written contract, 
                as described in subsection (c).
    ``(c) Contents of Contract.--
            ``(1) In general.--The written contract between the 
        Secretary and the individual, as described in subsection 
        (b)(2)(D), shall contain the following:
                    ``(A) A statement that the Secretary agrees to 
                provide the individual with a scholarship, as described 
                in subsection (d), in each school year or years for a 
                period during which such individual is pursuing a 
                course of study in elementary and secondary education 
                or school administration at an appropriately accredited 
                institution of higher education.
                    ``(B) A statement that the individual agrees--
                            ``(i) to maintain enrollment in the course 
                        of study until the individual completes such 
                        course of study;
                            ``(ii) while enrolled in such course of 
                        study, to maintain an acceptable level of 
                        academic standing (as determined by the 
                        Secretary, taking into account the requirements 
                        of the educational institution offering such 
                        course of study); and
                            ``(iii) to serve through full-time 
                        employment at an eligible school for a time 
                        period (referred to in this section as the 
                        `period of obligated service') equal to the 
                        greater of--
                                    ``(I) 1 year for the equivalent of 
                                each school year for which the 
                                individual was provided a scholarship 
                                under the Indian educator scholarship 
                                program; or
                                    ``(II) 2 years.
                    ``(C) A statement of the damages to which the 
                United States is entitled, under subsection (e), for 
                the individual's breach of the contract.
                    ``(D) Such other statement of the rights and 
                liabilities of the Secretary and of the individual, in 
                accordance with the provisions of this section.
            ``(2) Period of obligated service.--
                    ``(A) Eligible schools.--An individual shall meet 
                the requirement for the period of obligated service 
                under the written contract between the individual and 
                the Secretary, as described in paragraph (1), if such 
                individual is employed full-time--
                            ``(i) in a school funded by the Bureau of 
                        Indian Education; or
                            ``(ii) in a public school that serves a 
                        significant number of Indian students.
                    ``(B) Deferment for advanced study.--At the request 
                of an individual who has entered into a contract 
                described in this subsection and who has received a 
                baccalaureate degree in education, the Secretary shall 
                defer the period of obligated service of such 
                individual under such contract to enable such 
                individual to complete a course of study leading to an 
                advanced degree in education or needed to become 
                certified or licensed for an appropriate period (in 
                years, as determined by the Secretary), subject to the 
                following conditions:
                            ``(i) A period of advanced study shall not 
                        be counted as satisfying any period of 
                        obligated service that is required under this 
                        section.
                            ``(ii) The period of obligated service of 
                        the individual shall commence at the later of--
                                    ``(I) 90 days after the completion 
                                of the advanced course of study;
                                    ``(II) at the commencement of the 
                                first school year that begins after the 
                                completion of the advanced course of 
                                study; or
                                    ``(III) by a date specified by the 
                                Secretary.
                    ``(C) Part-time study.--In the case of an 
                individual receiving a scholarship under this section 
                who is enrolled part-time in an approved course of 
                study--
                            ``(i) a scholarship under this section 
                        shall be for a period of years not to exceed 
                        the part-time equivalent of 4 years, as 
                        determined by the Secretary;
                            ``(ii) the period of obligated service 
                        shall be equal to the greater of--
                                    ``(I) the part-time equivalent of 1 
                                year for each year for which the 
                                individual was provided a scholarship, 
                                as determined by the Secretary; or
                                    ``(II) 2 years; and
                            ``(iii) the amount of the monthly stipend 
                        specified in subsection (d) shall be reduced 
                        pro rata, as determined by the Secretary, based 
                        on the number of hours of study in which such 
                        individual is enrolled.
    ``(d) Scholarship.--
            ``(1) In general.--A scholarship provided to a student 
        under the Indian educator scholarship program for a school year 
        shall consist of payment to, or in accordance with paragraph 
        (2), on behalf of, the student in the amount of--
                    ``(A) the tuition of the student for the school 
                year or, for a part-time student, the tuition for the 
                appropriate portion of the school year;
                    ``(B) all other reasonable educational expenses, 
                including fees, books, and laboratory expenses, 
                incurred by the student in such school year; and
                    ``(C) a stipend of $800 per month (adjusted in 
                accordance with paragraph (3)) for each of the 12 
                consecutive months beginning with the first month of 
                such school year.
            ``(2) Payment to an institution of higher education.--The 
        Secretary may contract with an institution of higher education 
        in which a participant in the Indian educator scholarship 
        program is enrolled for the payment to such institution of the 
        amounts of tuition and other reasonable educational expenses 
        described in subparagraphs (A) and (B) of paragraph (1). 
        Payment to such institution may be made without regard to 
        subsections (a) and (b) of section 3324 of title 31, United 
        States Code.
            ``(3) Stipend.--The amount of the monthly stipend described 
        in paragraph (1)(C) shall be increased by the Secretary for 
        each school year ending in a fiscal year beginning after 
        September 30, 2011, by an amount (rounded to the next highest 
        multiple of $1) equal to the amount of such stipend multiplied 
        by the overall percentage (under section 5303 of title 5, 
        United States Code) of the adjustment (if such adjustment is an 
        increase) in the rates of pay under the General Schedule made 
        effective in the fiscal year in which such school year ends.
    ``(e) Liability; Failure To Complete the Period of Obligated 
Service; Repayment.--
            ``(1) Liability.--An individual who has entered into a 
        written contract with the Secretary under this section shall be 
        liable to the United States for the amount which has been paid 
        to, or on behalf of, such individual under the contract, if 
        such individual--
                    ``(A) fails to maintain an acceptable level of 
                academic standing in the institution of higher 
                education in which the individual is enrolled (as 
                determined by the Secretary taking into account the 
                requirements of the educational institution offering 
                such course of study);
                    ``(B) is dismissed from such institution of higher 
                education for disciplinary reasons;
                    ``(C) voluntarily terminates the training in such 
                institution of higher education for which such 
                individual is provided a scholarship under such 
                contract before the completion of such training; or
                    ``(D) fails to accept payment, or instructs the 
                institution of higher education in which such 
                individual is enrolled not to accept payment, under 
                this section.
            ``(2) Failure to complete the period of obligated 
        service.--
                    ``(A) In general.--Subject to subparagraph (C), if 
                for any reason not specified in paragraph (1), an 
                individual breaches the written contract under this 
                section by failing either to begin such individual's 
                period of obligated service or failing to complete such 
                obligation, the United States shall be entitled to 
                recover from the individual an amount determined in 
                accordance with the following formula:

``A = 3Z((t-s)/t)
 

            ``in which--
                    ``(i) `A' is the amount the United States is 
                entitled to recover;
                    ``(ii) `Z' is the sum of the amounts paid under 
                this section to, or on behalf of, the individual and 
                the interest on such amounts which would be payable if, 
                at the time the amounts were paid, they were loans 
                bearing interest at the maximum legal prevailing rate, 
                as determined by the Treasurer of the United States;
                    ``(iii) `t' is the total number of months in the 
                individual's period of obligated service in accordance 
                with subsection (c)(2); and
                    ``(iv) `s' is the number of months of such period 
                served by such individual in accordance with this 
                section.
            ``(B) Amounts not paid.--Amounts not paid within such 
        period shall be deemed a past-due obligation for purposes of 
        section 1892 of the Social Security Act (42 U.S.C. 1395ccc) and 
        subject to collection in the manner described under that 
        section.
            ``(C) Delay in the period of obligated service.--An 
        individual who has entered into a written contract with the 
        Secretary under this section may petition the Secretary to 
        delay the date on which the individual would otherwise be 
        required to begin the period of obligated service if such 
        individual has not succeeded in obtaining employment required 
        by this section. In support of such petition, the individual 
        shall supply such reasonable information as the Secretary may 
        require. The Secretary shall retain full discretion whether to 
        grant or decline such a delay and to determine the duration of 
        any delay that is granted.
            ``(3) Repayment.--
                    ``(A) In general.--Any amount of damages which the 
                United States is entitled to recover under this 
                subsection shall be paid to the United States within 
                the 1-year period beginning on the date of the breach 
                or such longer period beginning on such date as shall 
                be specified by the Secretary.
                    ``(B) Recovery of damages.--If damages described in 
                subparagraph (A) are delinquent for 3 months, the 
                Secretary shall, for the purpose of recovering such 
                damages--
                            ``(i) utilize collection agencies 
                        contracted with by the Administrator of the 
                        General Services Administration; or
                            ``(ii) enter into contracts for the 
                        recovery of such damages with collection 
                        agencies selected by the Secretary.
                    ``(C) Contracts for recovery of damages.--Each 
                contract for recovering damages pursuant to this 
                subsection shall provide that the contractor will, not 
                less than once every 6 months, submit to the Secretary 
                a status report on the success of the contractor in 
                collecting such damages. Section 3718 of title 31, 
                United States Code, shall apply to any such contract to 
                the extent not inconsistent with this subsection.
            ``(4) Death.--Upon the death of an individual who receives, 
        or has received, an Indian educator scholarship, any obligation 
        of such individual for service or payment that relates to such 
        scholarship shall be canceled.
            ``(5) Waiver.--
                    ``(A) Required waiver.--The Secretary shall provide 
                for the partial or total waiver or suspension of any 
                obligation of service or payment of a recipient of an 
                Indian educator scholarship, if the Secretary 
                determines that--
                            ``(i) it is not possible for the recipient 
                        to meet the obligation or make the payment;
                            ``(ii) requiring the recipient to meet the 
                        obligation or make the payment would result in 
                        extreme hardship to the recipient; or
                            ``(iii) the enforcement of the requirement 
                        to meet the obligation or make the payment 
                        would be unconscionable.
                    ``(B) Permissible waiver.--Notwithstanding any 
                other provision of law, in any case of extreme hardship 
                or for other good cause shown, the Secretary may waive, 
                in whole or in part, the right of the United States to 
                recover funds made available under this section.
            ``(6) Bankruptcy.--
                    ``(A) In general.--Subject to subparagraph (B), and 
                notwithstanding any other provision of law, with 
                respect to a recipient of an Indian educator 
                scholarship, no obligation for payment may be released 
                by a discharge in bankruptcy under title 11 of the 
                United States Code.
                    ``(B) Exception.--The prohibition described in 
                subparagraph (A) shall not apply if--
                            ``(i) such discharge is granted after the 
                        expiration of the 5-year period beginning on 
                        the initial date on which that payment is due; 
                        and
                            ``(ii) the bankruptcy court finds that the 
                        nondischarge of the obligation would be 
                        unconscionable.
    ``(f) Placement Assistance.--The Secretary shall assist the 
recipient of an Indian educator scholarship in learning about placement 
opportunities in eligible schools by transmitting the name and 
educational credentials of such recipient to--
            ``(1) State educational agency clearinghouses for 
        recruitment and placement of kindergarten, elementary school, 
        and secondary school teachers and administrators in States with 
        a substantial number of Indian children;
            ``(2) elementary schools and secondary schools funded by 
        the Bureau of Indian Education; and
            ``(3) tribal educational agencies (as defined in section 
        1116A(b)).
    ``(g) Other Provisions.--Notwithstanding any other provision of 
this title, sections 2101, 2102, and 2103, and subparts 1 through 5, 
shall not apply to a grant or scholarship awarded under this section.
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $50,000,000 
for fiscal year 2012, and each of the 5 succeeding fiscal years.'';
            (9) by striking subparagraph (B) of section 2202(a)(2) (20 
        U.S.C. 6662(a)(2)) and inserting the following:
                    ``(B) Allotment.--From the amount made available 
                under this part for a fiscal year and not reserved 
                under subparagraph (A)(i), the Secretary shall allot--
                            ``(i) one-half of 1 percent to the 
                        Secretary of the Interior for grants involving 
                        schools funded by the Bureau of Indian 
                        Education; and
                            ``(ii) the amount remaining after funds are 
                        distributed in accordance with clause (i), to 
                        the State educational agencies in proportion to 
                        the number of children ages 5 through 17, who 
                        are from families with incomes below the 
                        poverty line and reside in a State for the most 
                        recent fiscal year for which satisfactory data 
                        are available, as compared to the number of 
                        such children who reside in all such States for 
                        such year.'';
            (10) in section 2302(b)(2), by striking ``or public charter 
        schools'' and inserting ``, public charter schools, or schools 
        funded by the Bureau of Indian Education''; and
            (11) in section 2304--
                    (A) in subsection (a)(1)(B), by inserting ``or with 
                a school funded by the Bureau of Indian Education,'' 
                after section ``2101,''; and
                    (B) in subsection (d)(3), in the matter preceding 
                subparagraph (A), by striking ``or public charter 
                school'' and inserting ``public charter school, or 
                school funded by the Bureau of Indian Education''.

             Subtitle C--Native American Languages Programs

SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN STUDENTS THROUGH 
              NATIVE AMERICAN LANGUAGES PROGRAMS.

    Subpart 1 of part A of title III of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6821 et seq.) is amended by adding at 
the end the following:

``SEC. 3117. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN STUDENTS THROUGH 
              NATIVE AMERICAN LANGUAGES PROGRAMS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to improve the academic achievement of American 
        Indian, Native Hawaiian, and Alaska Native students through 
        Native American languages programs;
            ``(2) to foster the acquisition of Native American 
        languages; and
            ``(3) to provide support for the exceptional needs of 
        language learning for children in schools in which the primary 
        medium of education is through a Native American language , as 
        defined in section 103 of the Native American Languages Act (25 
        U.S.C. 2902).
    ``(b) Definitions.--In this section:
            ``(1) Average.--The term `average', when used with respect 
        to the number of hours of instruction through the use of a 
        Native American language, means the aggregate number of hours 
        of instruction through the use of a Native American language to 
        all students enrolled in a Native American language program 
        during a school year divided by the total number of students 
        enrolled in the program.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency;
                    ``(B) an Indian tribe;
                    ``(C) an Indian organization or a Native American 
                language nest or Native American language survival 
                school;
                    ``(D) a federally supported elementary school or 
                secondary school for Indian children;
                    ``(E) a Native Hawaiian educational organization;
                    ``(F) an Indian institution (including a Tribal 
                College or University (as defined in section 316 of the 
                Higher Education Act of 1965 (20 U.S.C. 1059c)) and a 
                Native American language college);
                    ``(G) a consortium of any of the entities described 
                in subparagraphs (A) through (F); and
                    ``(H) a nonprofit organization that operates Native 
                American language nests or Native American language 
                survival schools.
            ``(3) Native american language college.--The term `Native 
        American language college' means--
                    ``(A) a Tribal College or University (as defined in 
                section 316 of the Higher Education Act of 1965 (20 
                U.S.C. 1059c)) when control of a grant program rests 
                with its Native American language-speaking faculty; and
                    ``(B) one single, State-governed institution of 
                higher education per State (which may operate as part 
                of a larger institution of higher education) which the 
                State legislature has designated for the purpose of 
                using and supporting 1 or more Native American 
                languages in elementary through higher education.
            ``(4) Native hawaiian educational organization.--The term 
        `Native Hawaiian educational organization' has the meaning 
        given the term in section 1116A(b)
    ``(c) Grants Authorized.--
            ``(1) In general.--The Secretary shall award grants to 
        eligible entities to enable such entities to carry out the 
        activities described in this section.
            ``(2) Duration.--
                    ``(A) In general.--The Secretary shall award grants 
                under this section on a multi-year basis for a duration 
                of not less than 4 years.
                    ``(B) Renewal.--Grants awarded under this section 
                may be renewed.
    ``(d) Applications.--
            ``(1) In general.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require, in 
        addition to the information required in this section.
            ``(2) Contents.--An application submitted under paragraph 
        (1) shall include a certification from the eligible entity that 
        the entity has not less than 3 years of experience in operating 
        and administering a Native American language program or any 
        other educational program in which instruction is conducted in 
        a Native American language.
    ``(e) Uses of Grant Funds.--
            ``(1) Required uses.--An eligible entity that receives a 
        grant under this section shall use the grant funds for the 
        following activities:
                    ``(A) Native American language programs, which are 
                site-based educational programs that--
                            ``(i) provide instruction through the use 
                        of a Native American language for not less than 
                        10 children for an average of not less than 500 
                        hours;
                            ``(ii) provide for the involvement of 
                        parents (or legal guardians) of students 
                        participating in such a program;
                            ``(iii) develop instructional courses and 
                        materials for learning Native American 
                        languages and for instruction through the use 
                        of Native American languages;
                            ``(iv) provide for teacher training; and
                            ``(v) work toward a goal of all students 
                        participating in such a program achieving--
                                    ``(I) fluency in a Native American 
                                language; and
                                    ``(II) academic proficiency in 
                                mathematics, English, reading or 
                                language arts, and science.
                    ``(B) Native American language restoration 
                programs, which are educational programs that--
                            ``(i) provide instruction in at least 1 
                        Native American language;
                            ``(ii) provide training programs for 
                        teachers of Native American languages;
                            ``(iii) develop instructional materials for 
                        the training programs; and
                            ``(iv) work toward a goal of increasing 
                        proficiency and fluency for participating 
                        students in at least 1 Native American 
                        language.
            ``(2) Permissible uses.--An eligible entity that receives a 
        grant under this section may use the grant funds for--
                    ``(A) Native American language and culture camps;
                    ``(B) Native American language programs provided in 
                coordination and cooperation with educational entities;
                    ``(C) Native American language programs provided in 
                coordination and cooperation with local institutions of 
                higher education;
                    ``(D) Native American language programs that use a 
                master-apprentice model of learning languages;
                    ``(E) Native American language programs provided 
                through a regional program to better serve 
                geographically dispersed students;
                    ``(F) Native American language teacher training 
                programs, such as training programs in Native American 
                language translation for fluent speakers, training 
                programs for Native American language teachers, and 
                training programs for teachers in schools to utilize 
                Native American language materials, tools, and 
                interactive media to teach a Native American language; 
                and
                    ``(G) the development of Native American language 
                materials, such as books, audio and visual tools, and 
                interactive media programs.
    ``(f) Assurance.--An eligible entity awarded a grant under this 
section shall provide an assurance that each instructor of a Native 
American language under a program supported with grant funds under this 
section is certified to teach such language by the Indian tribe or 
Native Hawaiian educational organization whose language will be taught.
    ``(g) Evaluation.--After the completion of the fourth year of a 
grant awarded under this section, the Secretary shall--
            ``(1) carry out a comprehensive evaluation of the programs 
        carried out by the grantee with grant funds; and
            ``(2) provide a report on the evaluation to the grantee, 
        the tribe or tribes whose children are served by the program, 
        and parents of the children served.
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $15,000,000 
for fiscal year 2012 and each of the 5 succeeding fiscal years.''.

SEC. 132. STATE AND TRIBAL EDUCATIONAL AGENCY AGREEMENTS.

    Part A of title III of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end the 
following:

      ``Subpart 5--State and Tribal Educational Agency Agreements

``SEC. 3151. STATE AND TRIBAL EDUCATIONAL AGENCY AGREEMENTS.

    ``(a) Purpose.--The purpose of this section is to facilitate 
efforts by tribal educational agencies and State educational agencies 
to partner with each other in order to--
            ``(1) improve the academic achievement of Indian children 
        and youth who reside on reservations and tribal lands; and
            ``(2) promote tribal self-determination in education.
    ``(b) Definition of Tribal Educational Agency.--In this section, 
the term `tribal educational agency' has the meaning given the term in 
section 1116A(b).
    ``(c) Authority for Eligible Tribal Educational Agencies.--
            ``(1) In general.--In order to receive the authority or 
        funds described in paragraph (3), an eligible tribal 
        educational agency shall enter into an agreement, subject to 
        approval by the Secretary, with the appropriate State 
        educational agency to assume the State educational agency's 
        responsibility for carrying out activities specified in the 
        agreement under 1 or more of the programs identified in 
        paragraph (3)(B)(ii) on the eligible tribal educational 
        agency's reservation or tribal lands.
            ``(2) Eligibility.--In order for a tribal educational 
        agency to receive the authority or funds described in paragraph 
        (3), pursuant to an agreement with the State educational 
        agency--
                    ``(A) the eligible tribal educational agency's 
                tribe must have a reservation or tribal lands (which 
                may be an Alaska Native village), as recognized under 
                Federal or State law, on which 1 or more publicly 
                administered schools are operating under State law; and
                    ``(B) not less than 50 percent of the students 
                enrolled in each such school must be Indians.
            ``(3) Eligible tribal educational agency with an approved 
        agreement.--In the case of an eligible tribal educational 
        agency that has an approved agreement in place, as described in 
        paragraph (1), the Secretary shall, consistent with the 
        agreement--
                    ``(A) treat the eligible tribal educational agency 
                as a State educational agency for the purposes of--
                            ``(i) carrying out on the reservation or 
                        tribal lands, the activities specified in the 
                        agreement under 1 or more of the programs 
                        listed in subparagraph (B)(ii); and
                            ``(ii) section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g, commonly known 
                        as the `Family Educational Rights and Privacy 
                        Act of 1974'); and
                    ``(B) provide to the eligible tribal educational 
                agency a proportion of the funds that are available 
                to--
                            ``(i) carry out State-level activities; and
                            ``(ii) as applicable, award subgrants under 
                        1 or more of the following programs, as 
                        provided for in the agreement:
                                    ``(I) State grants under part A of 
                                title I.
                                    ``(II) Grants under this Act that 
                                support school turnaround efforts.
                                    ``(III) Grants under this Act for 
                                the purpose of assessing achievement.
                                    ``(IV) The teacher and principal 
                                training and recruiting fund under part 
                                A of title II.
                                    ``(V) Grants under the English 
                                Language Acquisition, Language 
                                Enhancement, and Academic Achievement 
                                Act under part A of title III.
                                    ``(VI) The education of migratory 
                                children program under part C of title 
                                I.
                                    ``(VII) Grants provided for the 
                                education of homeless children and 
                                youth.
                                    ``(VIII) Prevention and 
                                intervention programs for children and 
                                youth who are neglected, delinquent, or 
                                at-risk under part D of title I.
                                    ``(IX) Programs under this Act for 
                                rural and low-income schools.
            ``(4) Eligible tribal educational agency without an 
        approved agreement.--In the case of an eligible tribal 
        educational agency that has not yet entered into an agreement, 
        as described in paragraph (1), the Secretary may provide 
        technical assistance to the eligible tribal educational agency 
        in order to facilitate such an agreement.
    ``(d) Applications.--
            ``(1) In general.--An eligible tribal educational agency 
        that desires to receive the authority or funds described in 
        subsection (c)(3), pursuant to an agreement with a State 
        educational agency, shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information and assurances as the Secretary may require.
            ``(2) Application from an eligible tribal educational 
        agency that has an agreement.--An application from an eligible 
        tribal educational agency that has an agreement in place with 
        the State educational agency and is seeking the Secretary's 
        approval of such agreement, in order to gain the authority or 
        funds described under subsection (c)(3), shall--
                    ``(A) describe the eligible tribal educational 
                agency's current role and responsibilities on the 
                reservation or tribal lands; and
                    ``(B) provide a copy of the agreement described in 
                subsection (c)(1), which shall, at a minimum--
                            ``(i) identify each program listed in 
                        subsection (c)(3)(B)(ii) for which the 
                        applicant will assume some or all of the State-
                        level responsibility on the reservation or 
                        tribal lands under the agreement;
                            ``(ii) describe the State-level activities 
                        that the tribal educational agency will carry 
                        out under such program, and the division of 
                        roles and responsibilities between the tribal 
                        educational agency and the State educational 
                        agency in carrying out such activities, 
                        including, if applicable, any division of 
                        responsibility for awarding subgrants to local 
                        educational agencies;
                            ``(iii) identify the administrative and 
                        fiscal resources that the applicant will have 
                        available to carry out such activities; and
                            ``(iv) provide evidence of any other 
                        collaboration with the State educational agency 
                        in administering State-level activities for the 
                        programs listed in subsection (c)(3)(B)(ii).
            ``(3) Application from an eligible tribal educational 
        agency that has not yet entered into an agreement with a state 
        educational agency.--An application from an eligible tribal 
        educational agency that has not yet entered into an agreement 
        with a State educational agency, as described under subsection 
        (c)(1), shall include a description of--
                    ``(A) the program authority that the eligible 
                tribal educational agency would like to obtain and the 
                State-level activities that the eligible tribal 
                educational agency would like to carry out;
                    ``(B) the eligible tribal educational agency's role 
                and responsibilities on the reservation or tribal lands 
                and administrative and fiscal capability and resources 
                at the time of the application; and
                    ``(C) the proposed process and time period for 
                entering into the agreement described under subsection 
                (c)(1).
    ``(e) Special Rule.--If the tribal educational agency and State 
educational agency are unable to reach an agreement that the Secretary 
approves, the Secretary may, at the request of either agency and for a 
reasonable period, use all or a portion of the State's administrative 
funds for a program listed in subsection (c)(3)(B)(ii) for which an 
application is made, in order to facilitate an agreement (such as 
through alternative dispute resolution).
    ``(f) Review and Reporting.--
            ``(1) Review.--The Secretary shall require an eligible 
        tribal educational agency and a State educational agency that 
        have an approved agreement to--
                    ``(A) periodically review the agreement; and
                    ``(B) if appropriate, revise the agreement and 
                submit the revised agreement to the Secretary for 
                approval.
            ``(2) Report.--An eligible tribal educational agency and a 
        State educational agency that have an approved agreement shall 
        report to the Secretary every 2 years about the effectiveness 
        of the agreement.
    ``(g) Applicability.--Notwithstanding any other provision of this 
part, the provisions of subparts 1, 2, 3, and 4 shall not apply to this 
subpart.''.

                    Subtitle D--21st Century Schools

SEC. 141. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS.

    Subpart 2 of part A of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at 
the end the following:

``SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS.

    ``(a) Program Authorized.--Not later than 1 year after the date of 
enactment of the Native Culture, Language, and Access for Success in 
Schools Act, and from funds made available to carry out this subpart, 
the Secretary shall--
            ``(1) establish a program to improve school environments 
        and student skill development for healthy choices for Native 
        American students in all public elementary and secondary 
        schools that are eligible to receive support under part A of 
        title VII, including--
                    ``(A) prevention regarding--
                            ``(i) alcohol and drug misuse;
                            ``(ii) suicide;
                            ``(iii) violence;
                            ``(iv) pregnancy; and
                            ``(v) obesity;
                    ``(B) nutritious eating programs; and
                    ``(C) anger and conflict management programs;
            ``(2) establish a program for school dropout prevention for 
        Native American students; and
            ``(3) collaborate with the Secretary of Agriculture to 
        establish tribal-school specific school gardens and nutrition 
        programs that are within the tribal cultural context.
    ``(b) Cooperation With Indian Tribes.--In carrying out subsection 
(a), the Secretary shall, to the extent practicable, work in 
cooperation with Indian tribes.''.

   Subtitle E--Centers for Innovation in Tribally Directed Education

SEC. 151. CENTERS FOR INNOVATION IN TRIBALLY DIRECTED EDUCATION.

    (a) In General.--Part A of title V (20 U.S.C. 7201 et seq.) is 
amended--
            (1) by redesignating subpart 4 as subpart 5;
            (2) by redesignating sections 5141 through 5146 as sections 
        5151 through 5156, respectively; and
            (3) by inserting after section 5133 the following:

   ``Subpart 4--Centers for Innovation in Tribally Directed Education

``SEC. 5141. PURPOSE.

    ``In order to carry out the United States' unique and continuing 
trust responsibility to the Indian people for the education of Indian 
children and to meet the unique educational and cultural needs of such 
children, it is the purpose of this subpart to provide technical and 
professional expertise to Indian tribes to enable such tribes to build 
and maintain the capacity to effectively exercise their right and 
authority to direct the delivery of educational services to Indian 
children.

``SEC. 5142. REQUIREMENTS FOR CENTERS.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) an Indian tribe;
                    ``(B) an institution of higher education, including 
                a tribally controlled college or university;
                    ``(C) an Indian organization, as defined in section 
                263.20 of title 34, Code of Federal Regulations;
                    ``(D) a Native Hawaiian educational organization, 
                as defined in section 1116A(b);
                    ``(E) a public or private nonprofit organization; 
                or
                    ``(F) a consortium of the entities described in any 
                of subparagraphs (A) through (E).
            ``(2) Tribally controlled college or university.--The term 
        `tribally controlled college or university' has the meaning 
        given the term `Tribal College or University' (as defined in 
        section 316 of the Higher Education Act of 1965 (20 U.S.C. 
        1059c)).
    ``(b) Establishment of Centers.--Through grants or contracts 
authorized under subsection (c), the Secretary shall establish 2 
Centers for Innovation and Excellence in Tribally Directed Education 
(referred to in this subpart as the `Centers') to provide technical and 
professional assistance, as described in subsection (e), to Indian 
tribes, tribal educational agencies, as designated by Indian tribes, 
and Native Hawaiian educational organizations to enable those entities 
to build and maintain the capacity to carry out their authorities and 
responsibilities for directing and overseeing the education of their 
Native children.
    ``(c) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants to, or enter into contracts with, 2 eligible entities to 
        establish the Centers and carry out activities that meet the 
        purposes of this subpart.
            ``(2) Grant duration.--Each grant awarded or contract 
        entered into under this subpart shall be for a period of not 
        less than 4 years and not more than 6 years. A grant or 
        contract awarded under this subpart shall be eligible for 
        renewal.
    ``(d) Applications; Priority.--
            ``(1) In general.--Each eligible entity desiring a grant or 
        contract under this subpart shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        information, in addition to the information described in 
        paragraph (2), as the Secretary may reasonably require.
            ``(2) Contents.--An eligible entity shall include in its 
        application under this subpart the following:
                    ``(A) A description of the extent of the entity's 
                knowledge of the structures of Indian tribal or Native 
                Hawaiian governments and any experience in working with 
                or for tribal or Native Hawaiian governments or their 
                agencies.
                    ``(B) A description of the extent of the entity's 
                experience working with Indian tribes, Native 
                Hawaiians, schools funded by the Bureau of Indian 
                Education, and local educational agencies with high 
                concentrations of Indian or Native Hawaiian children.
                    ``(C) A description of the extent of the entity's 
                knowledge of, or experience with, culturally based 
                education programs and language immersion programs.
                    ``(D) An assurance that the entity will, if awarded 
                a grant or contract under this subpart, establish an 
                advisory board, which shall guide the entity's 
                performance of the grant and shall be comprised of the 
                following:
                            ``(i) Tribal or Native Hawaiian 
                        governmental officials.
                            ``(ii) Tribal or Native Hawaiian education 
                        officials.
                            ``(iii) Individuals experienced in teaching 
                        or leadership positions in schools funded by 
                        the Bureau of Indian Education or schools that 
                        are served by a local educational agency and 
                        have high concentrations of Indian or Native 
                        Hawaiian children.
                            ``(iv) Education researchers with expertise 
                        in teaching and learning strategies for Indian 
                        or Native Hawaiian children.
                            ``(v) Parents of Indian or Native Hawaiian 
                        children enrolled in an elementary school or 
                        secondary school.
            ``(3) Priority.--In awarding grants or entering into 
        contracts under this subpart, the Secretary shall give 
        preference to eligible entities that are tribally controlled 
        colleges or universities, or consortia which include one or 
        more tribally controlled colleges or universities.
    ``(e) Use of Funds.--An eligible entity receiving a grant or 
contract under this subpart shall use the funds provided under this 
subpart for any of the following:
            ``(1) Programs designed to build capacity within Indian 
        tribal governments to exercise policymaking, operational, and 
        oversight authority over educational programs serving the 
        children of such tribes, to establish effective consultation 
        procedures with State educational agencies and local 
        educational agencies, and to collaborate with Federal, State, 
        and local agencies.
            ``(2) Activities to assist Indian tribes in establishing 
        tribal educational agencies and developing operational and 
        organizational protocols compatible with tribal structures and 
        responsive to tribal objectives.
            ``(3) Strategies to enhance and maintain effective 
        involvement of parents of Indian or Native Hawaiian children in 
        their children's educational program.
            ``(4) Assistance with development or review of curriculum 
        and assessments that are culturally appropriate and effective 
        for Indian or Native Hawaiian students.
            ``(5) Development of professional development programs for 
        teachers of Indian or Native Hawaiian children.
            ``(6) Collection and dissemination of best practices 
        regarding culturally appropriate curriculum and teaching 
        techniques.
            ``(7) Development of programs to assist teachers of Indian 
        or Native Hawaiian children in use of achievement data to 
        improve the effectiveness of educational programs.
            ``(8) Assistance to Indian tribes or Native Hawaiian 
        educational organizations in developing programs to address 
        behavioral issues in elementary and secondary schools such as 
        truancy, bullying, gangs, and violence.
            ``(9) Assistance to Indian tribes or Native Hawaiian 
        educational organizations in development of community-specific 
        academic achievement standards, assessments, and remedial 
        requirements.
            ``(10) Such other activities consistent with the purposes 
        of this subpart.''.
    (b) Conforming Amendment.--Section 5122(a)(3) of the Elementary and 
Secondary Education Act of 1965 (25 U.S.C. 7213a(a)(3)) is amended by 
striking ``5142'' and inserting ``5152''.

SEC. 152. AUTHORIZATION OF APPROPRIATIONS.

    Section 5156 of the Elementary and Secondary Education Act of 1965 
(as redesignated by section 151(2)) (20 U.S.C. 7217e) is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``There are'' and inserting ``(a) 
                In General.--There are''; and
                    (B) by striking ``this part'' and inserting ``this 
                part (except for subpart 4)''; and
            (2) by adding at the end the following:
    ``(b) Centers for Innovation in Tribally Directed Education.--There 
are authorized to be appropriated to carry out subpart 4 $3,000,000 for 
fiscal year 2012 and such sums as may be necessary for each of the 5 
succeeding fiscal years.''.

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

                        PART I--INDIAN EDUCATION

SEC. 161. PURPOSE.

    Section 7102 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7402) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Purpose.--It is the purpose of this subpart to support the 
efforts of local educational agencies, Indian tribes and organizations, 
postsecondary institutions, and other entities to improve the academic 
achievement of American Indian, Native Hawaiian, and Alaska Native 
students by meeting their unique cultural, language, and educational 
needs.''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) strengthening American Indian, Native Hawaiian, and 
        Alaska Native students' knowledge of their languages, history, 
        traditions, and cultures;''.

SEC. 162. PURPOSE OF FORMULA GRANTS.

    Section 7111 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7421) is amended to read as follows:

``SEC. 7111. PURPOSE.

    ``It is the purpose of this subpart to support the efforts of local 
educational agencies to develop elementary school and secondary school 
programs for Indian students that are designed to meet the unique 
cultural, language, and educational needs of such students.''.

SEC. 163. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

    Section 7112 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7422) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) Grant awards.--The Secretary''; and
                    (B) by adding at the end the following:
    ``(2) Consortia.--
            ``(A) In general.--Two or more local educational agencies 
        may form a consortium to apply for and carry out a program 
        under this subpart, as long as each local educational agency 
        participating in the consortium--
                    ``(i) provides an assurance to the Secretary that 
                the eligible Indian children served by such local 
                educational agency receive the services of the programs 
                funded under this subpart; and
                    ``(ii) shall be subject to all requirements, 
                assurances, and obligations applicable to local 
                educational agencies under this subpart.
            ``(B) Applicability.--The Secretary shall treat each 
        consortium described in subparagraph (A) as if such consortium 
        were a local educational agency for purposes of this 
        subpart.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Enrollment requirements.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                local educational agency shall be eligible for a grant 
                under this subpart for any fiscal year if the number of 
                Indian children eligible under section 7117 who were 
                enrolled in the schools of the agency, and to whom the 
                agency provided free public education, during the 
                preceding fiscal year--
                            ``(i) was at least 10; or
                            ``(ii) constituted not less than 25 percent 
                        of the total number of individuals enrolled in 
                        the schools of such agency.
                    ``(B) Special rule.--Notwithstanding any other 
                provision of this Act, in any case where an Indian 
                tribe that represents a plurality of the eligible 
                Indian children who are served by a local educational 
                agency eligible for a grant under this subpart requests 
                that the local educational agency enter into a 
                cooperative agreement with such tribe to assist in the 
                planning and operation of the program funded by such 
                grant, the local educational agency shall enter into 
                such an agreement as a condition for receiving funds 
                under this subpart.''; and
                    (B) in paragraph (2), by striking ``a reservation'' 
                and inserting ``an Indian reservation'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``such grant, 
                an'' and all that follows through the period at the end 
                of paragraph (1) inserting the following: ``such grant, 
                any of the following entities may apply for such grant:
                    ``(A) An Indian tribe that represents a plurality 
                of the eligible Indian children who are served by such 
                local educational agency.
                    ``(B) A consortium of Indian tribes representing a 
                plurality of the eligible Indian children who are 
                served by such local educational agency.''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``or consortium of Indian 
                        tribes'' after ``each Indian tribe'';
                            (ii) by inserting ``or such consortium'' 
                        after ``such Indian tribe''; and
                            (iii) by inserting ``or consortium'' after 
                        ``any such tribe''; and
            (4) by adding at the end the following:
    ``(d) Indian Committee.--If neither a local educational agency 
pursuant to subsection (b), nor an Indian tribe or consortium of Indian 
tribes pursuant to subsection (c), applies for a grant under this 
subpart, a committee of Indian individuals in the community of the 
local educational agency may apply for such grant and the Secretary 
shall apply the special rule in subsection (c)(2) to such committee in 
the same manner as such rule applies to an Indian tribe or a consortium 
of Indian tribes.''.

SEC. 164. AMOUNT OF GRANTS.

    Section 7113 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7423) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``$3,000'' and 
                inserting ``$10,000'';
                    (B) in paragraph (2)--
                            (i) by inserting ``and Indian tribes'' 
                        after ``Local educational agencies''; and
                            (ii) by inserting ``and operating 
                        programs'' after ``obtaining grants''; and
                    (C) by striking ``$4,000'' and inserting 
                ``$15,000''; and
            (2) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``affairs'' and inserting ``education''; and
                    (B) in paragraph (1)(A)(i), by striking ``Affairs'' 
                and inserting ``Education''.

SEC. 165. APPLICATIONS.

    Section 7114 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7424) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``is 
                        consistent with the State and local'' and 
                        insert ``supports the State, tribal, and 
                        local''; and
                            (ii) in subparagraph (B), by striking ``, 
                        that are'' and all that follows through ``all 
                        children'';
                    (B) in paragraph (3), by striking ``, especially 
                programs carried out under title I,'';
                    (C) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon; and
                            (ii) by adding at the end the following:
                    ``(C) the parents of Indian children and 
                representatives of Indian tribes on the committee 
                described in subsection (c)(5) will participate in the 
                planning of the professional development materials; 
                and''; and
                    (D) in paragraph (6)(B)--
                            (i) in clause (i)--
                                    (I) by striking ``subsection 
                                (c)(4)'' and inserting ``subsection 
                                (c)(5)''; and
                                    (II) by striking ``and'' after the 
                                semicolon; and
                            (ii) by adding at the end the following:
                            ``(iii) each Indian tribe whose children 
                        are served by the local educational agency; 
                        and'';
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) the local educational agency will use funds received 
        under this subpart only for activities described and authorized 
        in this subpart;''; and
                    (C) in paragraph (3) (as redesignated by 
                subparagraph (A))--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (B), by inserting 
                        ``and'' after the semicolon; and
                            (iii) by adding at the end the following:
                    ``(C) determine the extent to which such activities 
                address the unique cultural, language, and educational 
                needs of Indian students;''; and
            (3) by adding at the end the following:
    ``(d) Outreach.--The Secretary shall monitor the applications for 
grants under this subpart to identify eligible local educational 
agencies and schools funded by the Bureau of Indian Education that have 
not applied for grants, and shall undertake appropriate outreach 
activities to encourage and assist such entities to submit 
applications.''.

SEC. 166. AUTHORIZED SERVICES AND ACTIVITIES.

    Section 7115 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7425) is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (11) as 
                paragraphs (2) through (12), respectively;
                    (B) by inserting before paragraph (2) (as 
                redesignated by subparagraph (A)) the following:
            ``(1) the activities that support Native American language 
        programs and Native American language restoration programs, 
        such as those programs described in section 7123;'';
                    (C) in paragraph (4) (as redesignated by 
                subparagraph (A)), by striking ``and directly support 
                the attainment of challenging State academic content 
                and student academic achievement standards'';
                    (D) in paragraph (5) (as redesignated by 
                subparagraph (A)), by striking ``that meet the needs of 
                Indian children and their families'' and inserting ``, 
                including programs that promote parental involvement in 
                school activities and promote parental involvement to 
                increase student achievement, in order to meet the 
                unique needs of Indian children and their families'';
                    (E) in paragraph (10) (as redesignated by 
                subparagraph (A)), by striking ``, consistent with 
                State standards''; and
                    (F) in paragraph (12) (as redesignated by 
                subparagraph (A)), by striking ``, and incorporate 
                appropriately qualified tribal elders and seniors''; 
                and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the local educational agency identifies in its 
        application how the use of such funds in a schoolwide program 
        will produce benefits to the Indian students that would not be 
        achieved if the funds were not used in a schoolwide program.''.

SEC. 167. STUDENT ELIGIBILITY FORMS.

    Section 7117(e) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7427(e)) is amended--
            (1) by striking ``For purposes'' and inserting the 
        following:
            ``(1) In general.--For purposes''; and
            (2) by adding at the end the following:
            ``(2) Records.--Once a child is determined to be an Indian 
        eligible to be counted for such grant award, the local 
        educational agency shall maintain a record of such 
        determination and the local educational agency and Secretary 
        shall not require a new or duplicate determination to be made 
        for such child for a subsequent application for a grant under 
        this subpart.''.

SEC. 168. TECHNICAL ASSISTANCE.

    Subpart 1 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7421 et seq.) is further amended by 
adding at the end the following:

``SEC. 7120. TECHNICAL ASSISTANCE.

    ``The Secretary shall, directly or through a contract, provide 
technical assistance to a local educational agency or Indian tribe upon 
request (in addition to any technical assistance available under any 
other provision of this Act or available through the Institute of 
Education Sciences) to support the services and activities provided 
under this subpart, including technical assistance for--
            ``(1) the development of applications under this subpart;
            ``(2) the improvement in the quality of implementation, 
        content of activities, and evaluation of activities supported 
        under this subpart; and
            ``(3) the integration of activities under this title with 
        other educational activities established by the local 
        educational agency.''.

SEC. 169. AMENDMENTS RELATING TO TRIBAL COLLEGES AND UNIVERSITIES.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended--
            (1) in section 7121(b), by striking ``Indian institution 
        (including an Indian institution of higher education)'' and 
        inserting ``Tribal College or University, as defined in section 
        316(b) of the Higher Education Act of 1965''; and
            (2) in section 7122--
                    (A) in subsection (b)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) a Tribal College or University, as defined in section 
        316(b) of the Higher Education Act of 1965;''; and
                            (ii) in paragraph (4), by striking the 
                        period and inserting ``, in consortium with not 
                        less than 1 Tribal College or University, as 
                        defined in section 316(b) of the Higher 
                        Education Act of 1965.''; and
                    (B) in subsection (f)--
                            (i) by redesignating paragraphs (1) and (2) 
                        as paragraphs (2) and (3), respectively;
                            (ii) by inserting after ``the Secretary--'' 
                        the following:
            ``(1) shall give priority to tribally chartered 
        institutions of higher education;'';
                            (iii) in paragraph (2), as redesignated by 
                        clause (i), by striking ``shall'' and inserting 
                        ``may''; and
                            (iv) in paragraph (3), as redesignated by 
                        clause (i), by striking ``basis of--'' and all 
                        that follows through ``grants'' and inserting 
                        ``basis of the length of any period during 
                        which the eligible entity has received a grant 
                        or grants''.

SEC. 170. TRIBAL EDUCATIONAL AGENCY COOPERATIVE AGREEMENTS.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at 
the end the following:

``SEC. 7123. TRIBAL EDUCATIONAL AGENCY COOPERATIVE AGREEMENTS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
an Indian tribe may enter into a cooperative agreement with a State 
educational agency or a local educational agency that serves a school 
that is within the Indian lands of such Indian tribe.
    ``(b) Cooperative Agreement.--Upon the request of an Indian tribe 
that includes, within the Indian lands of the tribe, a school served by 
a State educational agency or a local educational agency that receives 
assistance under this Act, the State educational agency or local 
educational agency shall enter into a cooperative agreement with the 
Indian tribe with respect to such school. The Indian tribe and the 
State educational agency or local educational agency, as the case may 
be, shall determine the terms of the agreement, and the agreement may--
            ``(1) authorize the tribal educational agency of the Indian 
        tribe to plan, conduct, consolidate, and administer programs, 
        services, functions, and activities, or portions thereof, 
        administered by the State educational agency or local 
        educational agency; and
            ``(2) authorize the tribal educational agency to reallocate 
        funds for such programs, services, functions, and activities, 
        or portions thereof as necessary.
    ``(c) Disagreement.--If an Indian tribe has requested a cooperative 
agreement under subsection (b) with a State educational agency or local 
educational agency that receives assistance under this Act, and the 
Indian tribe and State educational agency or local educational agency 
cannot reach an agreement, the Indian tribe agency may submit to the 
Secretary the information that the Secretary determines relevant to 
make a determination. The Secretary shall provide notice to the 
affected State educational agency or local educational agency not later 
than 30 days after receiving the Indian tribe's educational 
organization's submission. After such notice is made, the State 
educational agency or local educational agency has 30 days to submit 
information that the Secretary determines relevant in relation to the 
disagreement. After the 30 days provided to the State educational 
agency or local educational agency has elapsed, the Secretary shall 
make a determination.
    ``(d) Consortium of Tribes.--Nothing in this section shall preclude 
the development and submission of a single tribal educational agencies 
pilot project cooperative agreement by the participating Indian tribes 
of an intertribal consortium.
    ``(e) Definitions.--In this section:
            ``(1) Indian land.--The term `Indian land' has the meaning 
        given the term `Indian lands' in section 8013.
            ``(2) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, other organized group or community, 
        including any Native village or Regional Corporation or Village 
        Corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act, that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.''.

SEC. 171. TRIBAL EDUCATIONAL AGENCIES PILOT PROJECT.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by 
adding at the end the following:

``SEC. 7124. TRIBAL EDUCATIONAL AGENCIES PILOT PROJECT.

    ``(a) Authorization.--
            ``(1) In general.--There is established a pilot project to 
        be known as the `Tribal Educational Agency Pilot Project' that 
        authorizes not more than 5 qualifying Indian tribes per year to 
        be eligible to operate programs authorized under a title under 
        this Act (referred to in this section as `title programs') for 
        schools that meet the eligibility criteria described in 
        subsection (d).
            ``(2) Title programs.--Title programs may include all 
        grants, including grants allocated through formulas and 
        discretionary grants allocated on a competitive basis, that are 
        awarded under this Act.
            ``(3) Reporting requirements.--
                    ``(A) Indian tribes.--Each Indian tribe receiving a 
                grant under this section is required to comply with the 
                reporting requirements of each title the Indian tribe 
                administers pursuant to the pilot project grant under 
                this section.
                    ``(B) State educational agencies.--State 
                educational agencies are not required to report on 
                title programs operated by Indian Tribes pursuant to 
                the pilot project grant under this section.
    ``(b) Planning Phase.--
            ``(1) In general.--Each Indian tribe seeking to participate 
        in the Tribal Educational Agencies Pilot Project shall complete 
        a planning phase. The planning phase shall include--
                    ``(A) the development of an education plan for the 
                schools that meet the eligibility criteria described in 
                subsection (d) and that will be served under the pilot 
                project; and
                    ``(B) demonstrated coordination and collaboration 
                partnerships, including cooperative agreements with 
                each local educational agency that serves a school 
                meeting the criteria described in subsection (d).
            ``(2) Exemption.--The Secretary may waive the planning 
        phase, upon the application of an Indian tribe, if the Indian 
        tribe has--
                    ``(A) been operating a tribal educational agency 
                successfully for 2 or more years; and
                    ``(B) demonstrated compliance with the fiscal 
                accountability provision of 5(f)(1) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450c(f)(1)), relating to the submission of a single-
                agency audit report required by chapter 75 of title 31, 
                United States Code.
    ``(c) Funding Agreement.--After an Indian tribe has successfully 
completed the planning phase, the Secretary shall award a grant to, and 
enter into a funding agreement with, the Indian tribe to enable the 
tribal educational agency of the tribe to administer all title programs 
described in subsection (a) for the schools that meet the eligibility 
criteria described in subsection (d). All funding in the agreement will 
be distributed to the Indian tribe's tribal educational agency. Each 
funding agreement shall--
            ``(1) identify schools to be served by the Indian tribe;
            ``(2) identify the title programs, services, functions, and 
        activities that the tribal educational agency will be 
        administering for such schools;
            ``(3) determine the amount of funds to be provided to the 
        Indian tribe by the allocations or grant amounts that would 
        otherwise be provided to the State educational agency, as 
        appropriate;
            ``(4) provide assurances that the Indian tribe will comply 
        with the reporting requirements of each title for which it 
        receives funding; and
            ``(5) ensure that the Secretary provides such funds 
        directly to the tribe to administer such programs.
    ``(d) Eligibility.--In order to serve a school through a funding 
agreement under this section, the Indian tribe shall demonstrate--
            ``(1) that the school meets 1 or more of the following 
        criteria--
                    ``(A) the school is funded by the Bureau of Indian 
                Affairs, whether directly or through a contract or 
                compact with an Indian tribe or a tribal consortium;
                    ``(B) the school receives payments under this title 
                because of students living on Indian land;
                    ``(C) the school is located on Indian land; and
                    ``(D) a majority of the students in the school are 
                American Indian or Alaska Native; and
            ``(2) that the Indian tribe--
                    ``(A) has the capacity to administer the functions 
                for which the Indian tribe applies for such funds, 
                including compliance with the fiscal accountability 
                provision of 5(f)(1) of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450c(f)(1)), 
                relating to the submission of a single-agency audit 
                report required by chapter 75 of title 31, United 
                States Code; and
                    ``(B) satisfies such other factors that the 
                Secretary determines appropriate.
    ``(e) Geographical Diversity.--In awarding grants under this 
section, the Secretary shall ensure that grants are provided and grant 
amounts are used in a manner that results in national geographic 
diversity among Indian tribes applying for grants under this section.
    ``(f) Consortium of Tribes.--Nothing in this section shall preclude 
the development and submission of a single tribal educational agencies 
pilot project by the participating Indian tribes of an intertribal 
consortium.
    ``(g) Reporting Requirements.--The Secretary shall submit to 
Congress a written report 3 years after the date of enactment of this 
Act that--
            ``(1) identifies the relative costs and benefits of tribal 
        educational agencies, as demonstrated by the grants;
            ``(2) identifies the funds transferred to each tribal 
        educational agency and the corresponding reduction in the 
        Federal bureaucracy; and
            ``(3) includes the separate views of each Indian tribe 
        participating in the pilot project.
    ``(h) Definitions.--In this section:
            ``(1) Funding agreement.--The term funding agreement means 
        any agreement by which the Secretary awards grants authorized 
        in this Act to an Indian tribe to administer in schools meeting 
        the criteria in subsection (d).
            ``(2) Indian land.--The term `Indian land' has the meaning 
        given the term `Indian lands' in section 8013.
            ``(3) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, other organized group or community, 
        including any Native village or Regional Corporation or Village 
        Corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act, that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for fiscal year 2012 
and each of the 5 succeeding fiscal years..''.

SEC. 172. IMPROVING SUPPORT FOR TEACHERS AND ADMINISTRATORS OF NATIVE 
              AMERICAN STUDENTS.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at 
the end the following:

``SEC. 7125. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS AND 
              ADMINISTRATORS OF NATIVE AMERICAN STUDENTS.

    ``(a) Grants Authorized.--The Secretary shall award grants to 
eligible entities to enable such entities to create or expand a 
pipeline for teachers and administrators of Native American students.
    ``(b) Eligible Entity.--In this section, the term `eligible entity' 
means--
            ``(1) a local educational agency;
            ``(2) an institution of higher education; or
            ``(3) a nonprofit organization.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to Tribal Colleges and Universities (as 
defined in section 316(b) of the Higher Education Act of 1965).
    ``(d) Activities.--An eligible entity that receives a grant under 
this section shall create a program that shall prepare, recruit, and 
provide continuing education for teachers and administrators of Native 
American or Native Hawaiian educational organization students, in 
particular for teachers of--
            ``(1) science, technology, engineering, and mathematics;
            ``(2) subjects that lead to health professions; and
            ``(3) green skills and `middle skills', including 
        electrical, welding, technology, plumbing, and green jobs.
    ``(e) Incentives for Teachers and Administrators.--An eligible 
entity that receives a grant under this section may provide incentives 
to teachers and principals who make a commitment to serve high-need, 
high-poverty, tribal schools or Native Hawaiian schools, including in 
the form of scholarships, loan forgiveness, incentive pay, or housing 
allowances.
    ``(f) School and Community Orientation.--An eligible entity that 
receives a grant under this section shall develop an evidence-based, 
culturally based school and community orientation for new teachers and 
administrators of Native American or Native Hawaiian students.''.

SEC. 173. NATIONAL BOARD CERTIFICATION INCENTIVE DEMONSTRATION PROGRAM.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by 
adding at the end the following:

``SEC. 7126. NATIONAL BOARD CERTIFICATION INCENTIVE DEMONSTRATION 
              PROGRAM.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to improve the skills of qualified individuals that 
        teach Indian or Native Hawaiian people; and
            ``(2) to provide an incentive for qualified teachers to 
        continue to utilize their enhanced skills in schools serving 
        Indian or Native Hawaiian communities.
    ``(b) Eligible Entities.--For the purpose of this section, the term 
`eligible entity' means--
            ``(1) a State educational agency or local educational 
        agency, in consortium with an institution of higher education;
            ``(2) an Indian tribe or organization or Native Hawaiian 
        educational organization, in consortium with a local 
        educational agency; or
            ``(3) a Bureau-funded school (as defined in section 1146 of 
        the Education Amendments of 1978).
    ``(c) Program Authorized.--For fiscal years 2012 through 2018, the 
Secretary is authorized to award grants to eligible entities having 
applications approved under this section to enable those entities--
            ``(1) to reimburse individuals who teach Indian people with 
        out-of-pocket costs associated with obtaining National Board 
        Certification; and
            ``(2) to provide a minimum of $5,000, but not more than 
        $10,000, increase in annual compensation for National Board 
        Certified individuals for the duration of the Demonstration 
        Project.
    ``(d) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information, as the Secretary 
may require. In reviewing applications under this section, the 
Secretary shall ensure that the eligible entities--
            ``(1) are located within the boundaries of a reservation or 
        on land of the Department of Hawaiian Home Lands; and
            ``(2) maintain an average enrollment of at least 30 percent 
        of students that reside within the boundaries of a reservation.
    ``(e) Restrictions on Compensation Increases.--The Secretary shall 
require and ensure that National Board Certified individuals continue 
to teach at the eligible entity as a condition of receiving annual 
compensation increases provided for in this section.
    ``(f) Progress Reports.--In fiscal years 2015 and 2018, the 
Comptroller General of the United States shall provide a report on the 
progress of the entities receiving awards in meeting applicable 
progress standards.''.

SEC. 174. TRIBAL LANGUAGE IMMERSION SCHOOLS.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by 
adding at the end the following:

``SEC. 7127. TRIBAL LANGUAGE IMMERSION SCHOOLS.

    ``(a) Purpose.--It is the purpose of this section to establish a 
grant program to permit eligible schools to use American Indian, Alaska 
Native, and Native Hawaiian languages as the primary language of 
instruction of all curriculum taught at the schools (referred to in 
this section as `immersion schools') in order to increase the number of 
American Indian, Alaska Native, and Native Hawaiian graduates at all 
levels of education, and to increase the proficiencies of these 
students in the curriculum being taught.
    ``(b) Program Authorized.--From the amounts made available to carry 
out this section, the Secretary may award grants to eligible schools to 
develop and maintain, or to improve and expand, programs that support 
articulated Native language learning in kindergarten through 
postsecondary education programs.
    ``(c) Eligible School; Definition.--In this section--
            ``(1) the term `eligible school' means a school that 
        provides elementary or secondary education or a Tribal College 
        or University, including an elementary or secondary school 
        operated by a Tribal College or University, that has, or can 
        present a plan for development of, an immersion school or 
        courses in which instruction is provided for a minimum 900 
        hours per academic year; and
            ``(2) the term `Tribal College or University' has the 
        meaning given that term in section 316(b) of the Higher 
        Education Act of 1965.
    ``(d) Application.--An eligible school seeking a grant under this 
section shall submit an application to the Secretary at such time and 
in such manner as the Secretary may require, that includes the 
following information:
            ``(1) The number of students attending the school.
            ``(2) The current number of hours of Native American 
        language instruction being provided to students at the school, 
        if any.
            ``(3) The status of the school with regard to any 
        applicable Tribal Education Department or agency, public 
        education system, or accrediting body.
            ``(4) A statement that the school is engaged in meeting 
        targeted proficiency levels for students as may be required by 
        applicable Federal, State, or tribal law.
            ``(5) A statement identifying how the proficiency levels 
        for students being educated, or to be educated, at the tribal 
        language immersion school are, or will be, assessed.
            ``(6) A list of the instructors at the tribal language 
        immersion school and their qualifications.
            ``(7) A list of any partners or subcontractors with the 
        tribal language immersion school who may assist in the 
        provision of instruction in the immersion setting, and the role 
        of such partner or subcontractor.
            ``(8) Any other information that the Secretary may require.
    ``(e) Additional Eligibility Requirements.--When submitting an 
application for a grant under this section, each eligible school shall 
submit:
            ``(1) A certificate from a federally recognized Indian 
        tribe, or a letter from any organized American Indian, Alaska 
        Native, or Native Hawaiian community, on whose lands the school 
        is located, or which is served by the school, or from a Tribal 
        College or University (as defined in section 316 of the Higher 
        Education Act of 1965 (20 U.S.C. 1059c)) that is operating the 
        school, indicating that the school has the capacity to provide 
        language immersion education and that there are sufficient 
        native speakers at the school or available to be hired by the 
        school who are trained as educators who can provide the 
        education services required by the school in the native 
        language used at the immersion school and who will satisfy any 
        requirements of any applicable law for educators generally.
            ``(2) An assurance that the school will participate in data 
        collection conducted by the Secretary that will determine best 
        practices and further academic evaluation of the immersion 
        school.
            ``(3) A demonstration of the capacity to have native 
        language speakers provide the basic education offered by the 
        school for the minimum 900 hours per academic year as required 
        under the grant.
    ``(f) Activities Authorized.--The following activities are the 
activities that may be carried out by the eligible schools that receive 
a grant under this section:
            ``(1) Development of an articulated instructional 
        curriculum for the language of the Indian tribe or American 
        Indian, Alaska Native, or Hawaiian community served by the 
        school applying for the grant.
            ``(2) In-service and preservice development of teachers and 
        paraprofessionals who will be providing the instruction in the 
        native language involved.
            ``(3) Development of contextual, experiential programs, and 
        curriculum materials related to the indigenous language of the 
        community which the immersion school serves.
    ``(g) Number, Amount, and Diversity of Languages in Grants.--Based 
on the amount appropriated by Congress as authorized by this section, 
and the number of eligible schools applying for a grant under this 
section, the Secretary may determine the amounts and length of each 
grant made under this section and shall ensure, to the maximum extent 
practicable, that diversity in languages is represented in such grants.
    ``(h) Report to Secretary.--Each eligible school receiving a grant 
under this section shall provide an annual report to the Secretary at 
such time, in such manner, and containing such information as the 
Secretary may require.
    ``(i) Authorization of Appropriations.--Notwithstanding any other 
section authorizing funds to be appropriated for carrying out the 
purposes of this title, there is authorized to be appropriated to carry 
out this section $5,000,000 for the first full fiscal year following 
the date of enactment of this section, and such sums as are necessary 
in the 4 following fiscal years.''.

SEC. 175. COORDINATION OF INDIAN STUDENT INFORMATION.

    Subpart 3 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7451 et seq.) is amended by adding at 
the end the following:

``SEC. 7137. COORDINATION OF INDIAN STUDENT INFORMATION.

    ``(a) Purpose.--Consonant with the unique and continuing trust 
responsibility of the United States to Indian people for the education 
of Indian children as described in section 7101, it is the purpose of 
this section to enable the Secretary to establish or improve the 
effectiveness and efficiency of programs for coordination among 
educational agencies and schools for the linkage and exchange of 
student records of Indian children.
    ``(b) Grants Authorized.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of the Interior, the States, and Indian tribes, is 
        authorized to make grants to, or enter into contracts with, 
        State educational agencies, local educational agencies, Indian 
        tribes, Indian organizations, tribal educational agencies, 
        institutions of higher education, other public and private 
        nonprofit organizations, and consortia of all such entities, to 
        improve the collection, coordination, and electronic exchange 
        of Indian student records between State educational agencies, 
        local educational agencies, and elementary schools and 
        secondary schools funded by the Bureau of Indian Education.
            ``(2) Preference.--In awarding grants under this section, 
        the Secretary shall give preference to--
                    ``(A) entities that are Indian tribes, Indian 
                organizations, tribal educational agencies; or
                    ``(B) consortia that include 1 or more such 
                entities.
            ``(3) Grant duration.--Each grant awarded under this 
        section shall be for a duration of not more than 5 years.
    ``(c) Assistance.--
            ``(1) In general.--The Secretary shall assist the Secretary 
        of the Interior, the States, and elementary schools and 
        secondary schools funded by the Bureau of Indian Education in 
        developing effective methods for--
                    ``(A) the electronic transfer of student records of 
                Indian children;
                    ``(B) the determination of the number of Indian 
                children in each State, disaggregated by the local 
                educational agency in which such children reside; and
                    ``(C) the determination of the extent to which 
                Indian children under the age of 18 who have not 
                achieved a secondary school diploma are not enrolled in 
                any school.
            ``(2) Information systems.--
                    ``(A) In general.--Using amounts made available 
                under subsection (e), the Secretary, in consultation 
                with the Secretary of the Interior, the States, and 
                elementary schools and secondary schools funded by the 
                Bureau of Indian Education, shall award grants or 
                contracts to, or enter agreements with, State 
                educational agencies and local educational agencies, 
                and provide funds to the Secretary of the Interior in 
                accordance with subsection (e)(2) in order to ensure 
                the linkage of Indian student records systems for the 
                purpose of electronically exchanging, among and between 
                State educational agencies, local educational agencies, 
                and schools, health and educational information 
                regarding all Indian students. The Secretary of 
                Education shall ensure such linkage occurs in a cost-
                effective manner, and to the extent practicable, 
                utilizes systems, if any, used prior to the date of 
                enactment of this section.
                    ``(B) Data elements.--The Secretary shall identify 
                the data elements that each State receiving assistance 
                under this subsection and the Secretary of the Interior 
                shall collect and maintain for each Indian student 
                enrolled in a school, which, at a minimum, shall 
                include--
                            ``(i) the student's enrollment and 
                        disenrollment in any elementary and secondary 
                        school, and the grade levels successfully 
                        completed at such school;
                            ``(ii) the student's immunization records 
                        and other health information;
                            ``(iii) the student's elementary and 
                        secondary academic history (including partial 
                        credit), credit accrual, and results from any 
                        assessments required by Federal law;
                            ``(iv) other academic information essential 
                        to ensuring that Indian children achieve high 
                        standards; and
                            ``(v) the student's eligibility for 
                        services under the Individuals with 
                        Disabilities Education Act.
                    ``(C) Notice and comment.--After fulfilling the 
                consultation required under subparagraph (A), the 
                Secretary shall publish a notice in the Federal 
                Register seeking public comment on the proposed data 
                elements that the Secretary of the Interior and each 
                State shall be required to collect for purposes of 
                electronic transfer of Indian student information with 
                respect to schools assisted under this Act and the 
                requirements the Secretary of the Interior and the 
                States shall meet for immediate electronic access to 
                such information. Such publication shall occur not 
                later than 180 days after the date of enactment of this 
                section.
            ``(3) No cost for certain transfers.--A State educational 
        agency or local educational agency receiving assistance under 
        this Act, or an elementary school or secondary school funded by 
        the Bureau of Indian Education, shall make student records 
        available at the request of any other educational agency or 
        school at no cost to the requesting agency or school if the 
        request is made in order to meet the needs of an Indian child 
        who is enrolled, or was enrolled, in the school receiving 
        assistance under this Act.
    ``(d) Report to Congress.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this section, the Secretary shall prepare and 
        submit, to the Committee on Health, Education, Labor, and 
        Pensions and the Committee on Indian Affairs of the Senate, and 
        the Committee on Education and the Workforce of the House of 
        Representatives a report--
                    ``(A) describing the status of the implementation 
                of this section; and
                    ``(B) including recommendations from the Secretary 
                and the Secretary of the Interior regarding the 
                collection, coordination and exchange of health and 
                educational information on Indian children by the 
                Secretary of the Interior, the States, and elementary 
                schools and secondary schools funded by the Bureau of 
                Indian Education.
            ``(2) Required contents.--The Secretary shall include in 
        the report and recommendations described in paragraph (1)--
                    ``(A) a report on the progress made by the 
                Secretary of the Interior, the States, and elementary 
                schools and secondary schools funded by the Bureau of 
                Indian Education in developing and linking electronic 
                records transfer systems;
                    ``(B) recommendations for the development, linkage, 
                and maintenance of such systems;
                    ``(C) recommendations for measures that may be 
                taken to ensure the continuity and enhancement of 
                services to Indian students;
                    ``(D) a report from the Secretary of the Interior 
                describing the extent to which funding supplied to 
                elementary schools and secondary schools funded by the 
                Bureau of Indian Education pursuant to subsection 
                (e)(2)(B) is sufficient to enable those schools to 
                develop and operate electronic records transfer 
                systems; and
                    ``(E) a report on recommendations made by Indian 
                tribes, Indian organizations, tribal departments of 
                education, and elementary schools and secondary schools 
                funded by the Bureau of Indian Education, and consortia 
                of such entities, regarding implementation of this 
                section and the extent to which such recommendations 
                were taken into account.
            ``(3) Publication in federal register.--Not later than 14 
        days after the report described in paragraph (1) is submitted 
        to Congress, the Secretary shall publish such report in the 
        Federal Register.
    ``(e) Availability of Funds.--
            ``(1) Reservation.--For the purpose of carrying out this 
        section in any fiscal year, the Secretary shall reserve 
        $20,000,000 of the amount appropriated pursuant to section 
        7152(c).
            ``(2) Allotment for the secretary of the interior.--
                    ``(A) In general.--From the amounts reserved 
                pursuant to paragraph (1), the Secretary shall transfer 
                to the Secretary of the Interior $8,000,000 for each 
                fiscal year to be used as described in subparagraph 
                (B).
                    ``(B) Distribution and use of funds.--The Secretary 
                of the Interior shall distribute all funds transferred 
                pursuant to subparagraph (A) to elementary schools and 
                secondary schools funded by the Bureau of Indian 
                Education for use by such schools to pay the costs of 
                establishing and participating in systems for the 
                orderly linkage and exchange of student records of 
                Indian children. To facilitate such establishment and 
                participation by such schools, the Secretary of the 
                Interior shall, at the request of any such school, 
                supply technical assistance. Amounts required to be 
                supplied to elementary and secondary schools operated 
                by Indian tribes or tribal organizations pursuant to 
                contracts issued under authority of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.) or pursuant to grants issued under 
                authority of the Tribally Controlled Schools Act (25 
                U.S.C. 2501 et seq.) shall be added to the respective 
                contracts or grants of such tribes or tribal 
                organizations.
    ``(f) Data Collection.--The Secretary shall direct the National 
Center for Education Statistics to collect data on Indian children.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2012 through 2017.''.

SEC. 176. AUTHORIZATION OF APPROPRIATIONS.

    Section 7152 (20 U.S.C. 7492) is amended to read as follows:

``SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) Subpart 1.--For the purpose of carrying out subpart 1, there 
are authorized to be appropriated--
            ``(1) $130,000,000 for fiscal year 2012; and
            ``(2) such sums as may be necessary for each of fiscal 
        years 2013 through 2017.
    ``(b) Subpart 2.--For the purpose of carrying out subpart 2, there 
are authorized to be appropriated--
            ``(1) $50,000,000 for fiscal year 2012; and
            ``(2) such sums as may be necessary for each of fiscal 
        years 2013 through 2017.
    ``(c) Subpart 3.--For the purpose of carrying out subpart 3, there 
are authorized to be appropriated--
            ``(1) $25,000,000 for fiscal year 2012; and
            ``(2) such sums as may be necessary for each of fiscal 
        years 2013 through 2017.''.

                   PART II--NATIVE HAWAIIAN EDUCATION

SEC. 177. FINDINGS.

    Section 7202 (20 U.S.C. 7511 et seq.) is amended to read as 
follows:

``SEC. 7202. FINDINGS.

    ``Congress finds the following:
            ``(1) Native Hawaiians are a distinct and unique indigenous 
        people with a historical continuity to the original inhabitants 
        of the Hawaiian archipelago, whose society was organized as a 
        nation and internationally recognized as a nation by the United 
        States, the United Kingdom, France, and Japan, as evidenced by 
        treaties governing friendship, commerce, and navigation.
            ``(2) The United States has recognized and reaffirmed 
        that--
                    ``(A) Native Hawaiians have a cultural, historic, 
                and land-based link to the indigenous people who 
                exercised sovereignty over the Hawaiian Islands, and 
                that group has never relinquished its claims to 
                sovereignty or its sovereign lands;
                    ``(B) The United States furnishes services to 
                Native Hawaiians because of their unique status as the 
                indigenous people of a once sovereign nation with whom 
                the United States has established a trust relationship;
                    ``(C) Congress has also delegated broad authority 
                to administer a portion of the Federal trust 
                responsibility to the State of Hawaii;
                    ``(D) the political status of Native Hawaiians is 
                comparable to that of American Indians and Alaska 
                Natives; and
                    ``(E) the aboriginal, indigenous people of the 
                United States have--
                            ``(i) a continuing right to autonomy in 
                        their internal affairs; and
                            ``(ii) an ongoing right of self-
                        determination and self-governance that has 
                        never been extinguished.
            ``(3) The political relationship between the United States 
        and the Native Hawaiian people has been recognized and 
        reaffirmed by the United States, as evidenced by the inclusion 
        of Native Hawaiians in--
                    ``(A) the Native American Programs Act of 1974 (42 
                U.S.C. 2991 et seq.);
                    ``(B) Public Law 95-341 (commonly known as the 
                `American Indian Religious Freedom Act' (42 U.S.C. 
                1996);
                    ``(C) the National Museum of the American Indian 
                Act (20 U.S.C. 80q et seq.);
                    ``(D) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    ``(E) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    ``(F) the Native American Languages Act (25 U.S.C. 
                2901 et seq.);
                    ``(G) the American Indian, Alaska Native, and 
                Native Hawaiian Culture and Art Development Act (20 
                U.S.C. 4401 et seq.);
                    ``(H) the Workforce Investment Act of 1998 (29 
                U.S.C. 2801 et seq.); and
                    ``(I) the Older Americans Act of 1965 (42 U.S.C. 
                3001 et seq.).
            ``(4) In 1993, 2005, and 2009 the Kamehameha Schools Bishop 
        Estate released the findings of the Native Hawaiian Educational 
        Assessment Project, which found that despite the successes of 
        the programs established under title IV of the Augustus F. 
        Hawkins-Robert T. Stafford Elementary and Secondary School 
        Improvement Amendments of 1988 (20 U.S.C. 4901), many of the 
        same educational needs still existed for Native Hawaiians. 
        Subsequent reports by the Kamehameha Schools Bishop Estate and 
        other organizations have generally confirmed those findings. 
        For example--
                    ``(A) Native Hawaiian students continue to begin 
                their school experience lagging behind other students 
                in terms of readiness factors such as vocabulary test 
                scores;
                    ``(B) Native Hawaiian students continue to score 
                below national norms on standardized education 
                achievement tests at all grade levels;
                    ``(C) both public and private schools continue to 
                show a pattern of lower percentages of Native Hawaiian 
                students in the uppermost achievement levels and in 
                gifted and talented programs;
                    ``(D) Native Hawaiian students continue to be 
                overrepresented among students qualifying for special 
                education programs provided to students with learning 
                disabilities, mild mental retardation, emotional 
                impairment, and other such disabilities;
                    ``(E) Native Hawaiians continue to be 
                underrepresented in institutions of higher education 
                and among adults who have completed 4 or more years of 
                college; and
                    ``(F) Native Hawaiians continue to be 
                disproportionately represented in many negative social 
                and physical statistics indicative of special 
                educational needs.
            ``(5) The number of Native Hawaiian students served by the 
        State of Hawaii Department of Education has risen from 20 
        percent in 1980 to 26 percent in 2008, and there are, and will 
        continue to be, geographically rural, isolated areas with a 
        high Native Hawaiian population density.
            ``(6) Despite the consequences of over 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory and their cultural 
        identity, in accordance with their own spiritual and 
        traditional beliefs, customs, practices, language, and social 
        institutions.
            ``(7) The State of Hawaii, in the constitution and statutes 
        of the State of Hawaii--
                    ``(A) reaffirms and protects the unique right of 
                the Native Hawaiian people to practice and perpetuate 
                their culture and religious customs, beliefs, 
                practices, and language;
                    ``(B) recognizes the traditional language of the 
                Native Hawaiian people as an official language of the 
                State of Hawaii, which may be used as the language of 
                instruction for all subjects and grades in the public 
                school system; and
                    ``(C) promotes the study of the Hawaiian culture, 
                language, and history by providing a Hawaiian education 
                program and using community expertise as a suitable and 
                essential means to further the program.''.

SEC. 178. PURPOSES.

    Section 7203 (20 U.S.C. 7513) is amended to read as follows:

``SEC. 7203. PURPOSES.

    ``The purposes of this part are--
            ``(1) to authorize, develop, implement, assess, and 
        evaluate innovative educational programs, Native Hawaiian 
        language medium programs, Native Hawaiian culture-based 
        education programs, and other education programs to improve the 
        academic achievement of Native Hawaiian students by meeting 
        their unique cultural and language needs in order to help such 
        students meet challenging State academic content standards and 
        challenging State student academic achievement standards;
            ``(2) to provide guidance to appropriate Federal, State, 
        and local agencies to more effectively and efficiently focus 
        resources, including resources made available under this part, 
        on the development and implementation of--
                    ``(A) innovative educational programs for Native 
                Hawaiians;
                    ``(B) rigorous and substantive Native Hawaiian 
                language programs; and
                    ``(C) Native Hawaiian culture-based educational 
                programs; and
            ``(3) to create a system by which information from programs 
        funded under this part will be collected, analyzed, evaluated, 
        reported, and used in decisionmaking activities regarding the 
        types of grants awarded under this part.''.

SEC. 179. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

    Section 7204 (20 U.S.C. 7514) is amended to read as follows:

``SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

    ``(a) Grant Authorized.--In order to better effectuate the purposes 
of this part through the coordination of educational and related 
services and programs available to Native Hawaiians, including those 
programs that receive funding under this part, the Secretary shall 
award a grant to an education council, as described under subsection 
(b).
    ``(b) Education Council.--
            ``(1) Eligibility.--To be eligible to receive the grant 
        under subsection (a), the council shall be an education council 
        (referred to in this section as the `Education Council') that 
        meets the requirements of this subsection.
            ``(2) Composition.--The education council shall consist of 
        15 members of whom--
                    ``(A) 1 shall be the President of the University of 
                Hawaii (or a designee);
                    ``(B) 1 shall be the Governor of the State of 
                Hawaii (or a designee);
                    ``(C) 1 shall be the Superintendent of the State of 
                Hawaii Department of Education (or a designee);
                    ``(D) 1 shall be the chairperson of the Office of 
                Hawaiian Affairs (or a designee);
                    ``(E) 1 shall be the executive director of Hawaii's 
                Charter School Network (or a designee);
                    ``(F) 1 shall be the chief executive officer of the 
                Kamehameha Schools (or a designee);
                    ``(G) 1 shall be the chairperson of the Queen 
                Liliuokalani Trust (or a designee);
                    ``(H) 1 shall be a member, selected by the other 
                members of the Education Council, who represents a 
                private grant-making entity;
                    ``(I) 1 shall be the Mayor of the County of Hawaii 
                (or a designee);
                    ``(J) 1 shall be the Mayor of Maui County (or a 
                designee from the Island of Maui);
                    ``(K) 1 shall be the Mayor of the County of Kauai 
                (or a designee);
                    ``(L) 1 shall be appointed by the Mayor of Maui 
                County from the Island of either Molokai or Lanai;
                    ``(M) 1 shall be the Mayor of the City and County 
                of Honolulu (or a designee);
                    ``(N) 1 shall be the chairperson of the Hawaiian 
                Homes Commission (or a designee); and
                    ``(O) 1 shall be the chairperson of the Hawaii 
                Workforce Development Council (or a designee 
                representing the private sector).
            ``(3) Limitation.--A member (including a designee), while 
        serving on the Education Council, shall not be a recipient of 
        grant funds that are awarded under this part.
            ``(4) Term of members.--A member who is a designee shall 
        serve for a term of not more than 4 years.
            ``(5) Chair, vice chair.--
                    ``(A) Selection.--The Education Council shall 
                select a Chair and a Vice Chair from among the members 
                of the Education Council.
                    ``(B) Term limits.--The Chair and Vice Chair shall 
                each serve for a 2-year term.
            ``(6) Administrative provisions relating to education 
        council.--The Education Council shall meet at the call of the 
        Chair of the Council, or upon request by a majority of the 
        members of the Education Council, but in any event not less 
        often than every 120 days.
            ``(7) No compensation.--None of the funds made available 
        through the grant may be used to provide compensation to any 
        member of the Education Council or member of a working group 
        established by the Education Council, for functions described 
        in this section.
    ``(c) Use of Funds for Coordination Activities.--The Education 
Council shall use funds made available through the grant to carry out 
each of the following activities:
            ``(1) Providing advice about the coordination, and serving 
        as a clearinghouse for, the educational and related services 
        and programs available to Native Hawaiians, including the 
        programs assisted under this part.
            ``(2) Assessing the extent to which such services and 
        programs meet the needs of Native Hawaiians, and collecting 
        data on the status of Native Hawaiian education.
            ``(3) Providing direction and guidance, through the 
        issuance of reports and recommendations, to appropriate 
        Federal, State, and local agencies in order to focus and 
        improve the use of resources, including resources made 
        available under this part, relating to Native Hawaiian 
        education, and serving, where appropriate, in an advisory 
        capacity.
            ``(4) Awarding grants, if such grants enable the education 
        council to carry out the activities described in paragraphs (1) 
        through (3).
            ``(5) Hiring an Executive Director who shall assist in 
        executing the duties and powers of the education council, as 
        described in subsection (d).
    ``(d) Use of Funds for Technical Assistance.--The education council 
shall use funds made available through the grant to--
            ``(1) provide technical assistance to Native Hawaiian 
        organizations that are grantees or potential grantees under 
        this part;
            ``(2) obtain from such grantees information regarding 
        grants awarded under this part, including information about--
                    ``(A) the effectiveness of such grantees in meeting 
                the educational priorities established by the education 
                council, as described in paragraph (6)(E); and
                    ``(B) the effectiveness of such grantees in 
                carrying out any of the activities described in section 
                7205(c) that are related to the specific goals and 
                purposes of each grantee's grant project;
            ``(3) assess and define the educational needs of Native 
        Hawaiians;
            ``(4) assess the programs and services available to address 
        the educational needs of Native Hawaiians;
            ``(5) assess and evaluate the individual and aggregate 
        impact achieved by grantees in improving Native Hawaiian 
        educational performance and meeting the goals of this part;
            ``(6) prepare and submit to the Secretary, at the end of 
        each calendar year, an annual report that contains--
                    ``(A) a description of the activities of the 
                education council during the calendar year;
                    ``(B) recommendations of the education council, if 
                any, regarding priorities established under section 
                7205(b);
                    ``(C) a description of significant barriers to 
                achieving the goals of this part;
                    ``(D) a summary of each community consultation 
                session described in subsection (e);
                    ``(E) recommendations to establish priorities for 
                funding under this part, based on an assessment of--
                            ``(i) the educational needs of Native 
                        Hawaiians;
                            ``(ii) programs and services available to 
                        address such needs;
                            ``(iii) the effectiveness of programs in 
                        improving the educational performance of Native 
                        Hawaiian students to help such students meet 
                        challenging State student academic achievement 
                        standards; and
                            ``(iv) priorities for funding in specific 
                        geographic communities.
    ``(e) Use of Funds for Community Consultations.--The Education 
Council shall use funds made available though the grant to hold not 
less than one community consultation each year on each of the islands 
of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which--
            ``(1) not less than 3 members of the Education Council 
        shall be in attendance;
            ``(2) the Education Council shall gather community input 
        regarding--
                    ``(A) current grantees, as of the date of the 
                consultation;
                    ``(B) priorities and needs of Native Hawaiians; and
                    ``(C) other Native Hawaiian education issues; and
            ``(3) the Education Council shall report to the community 
        on the outcomes of the activities supported by grants awarded 
        under this part.
    ``(f) Funding.--For each fiscal year, the Secretary shall use the 
amount described in section 7206(d), to make a payment under the grant. 
Funds made available through the grant shall remain available until 
expended.
    ``(g) Report.--Not later than 2 years after the date of enactment 
of the Native Culture, Language, and Access for Success in Schools Act 
the Secretary shall prepare and submit to the Committee on Education 
and the Workforce of the House of Representatives, and the Committee on 
Indian Affairs and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report that--
            ``(1) summarizes the annual reports of the Education 
        Council;
            ``(2) describes the allocation and use of funds under this 
        part and the information gathered since the first annual report 
        submitted by the Education Council to the Secretary under this 
        section; and
            ``(3) contains recommendations for changes in Federal, 
        State, and local policy to advance the purposes of this 
        part.''.

SEC. 180. GRANT PROGRAM AUTHORIZED.

    Section 7205 (20 U.S.C. 7515 et seq.) is amended to read as 
follows:

``SEC. 7205. GRANT PROGRAM AUTHORIZED.

    ``(a) Grants and Contracts.--In order to carry out programs that 
meet the purposes of this part, the Secretary is authorized to award 
grants to, or enter into contracts with--
            ``(1) Native Hawaiian educational organizations;
            ``(2) Native Hawaiian community-based organizations;
            ``(3) public and private nonprofit organizations, agencies, 
        and institutions with experience in developing or operating 
        Native Hawaiian programs or programs of instruction in the 
        Native Hawaiian language;
            ``(4) charter schools; and
            ``(5) consortia of the organizations, agencies, and 
        institutions described in paragraphs (1) through (4).
    ``(b) Priority.--In awarding grants and entering into contracts 
under this part, the Secretary shall give priority to--
            ``(1) programs that meet the educational priorities 
        established by the Education Council under section 
        7204(c)(6)(E); and
            ``(2) programs in which a State educational agency, local 
        educational agency, institution of higher education, or a State 
        educational agency or local educational agency in partnership 
        with an institution of higher education apply for a grant or 
        contract under this part as part of a partnership or 
        consortium.
    ``(c) Authorized Activities.--Activities provided through programs 
carried out under this part may include--
            ``(1) the development and maintenance of a statewide Native 
        Hawaiian early education and care system to provide a continuum 
        of high-quality early learning services for Native Hawaiian 
        children from the prenatal period through the age of 
        kindergarten entry;
            ``(2) the operation of family-based education centers that 
        provide such services as--
                    ``(A) programs for Native Hawaiian parents and 
                their infants from the prenatal period through age 3;
                    ``(B) preschool programs for Native Hawaiians; and
                    ``(C) research on, and development and assessment 
                of, family-based, early childhood and preschool 
                programs for Native Hawaiians;
            ``(3) activities that enhance beginning reading and 
        literacy in either the Hawaiian or the English language among 
        Native Hawaiian students in kindergarten through grade 3 and 
        assistance in addressing the distinct features of combined 
        English and Hawaiian literacy for Hawaiian speakers in grades 5 
        and 6;
            ``(4) activities to meet the special needs of Native 
        Hawaiian students with disabilities, including--
                    ``(A) the identification of such students and their 
                needs;
                    ``(B) the provision of support services to the 
                families of such students; and
                    ``(C) other activities consistent with the 
                requirements of the Individuals with Disabilities 
                Education Act;
            ``(5) activities that address the special needs of Native 
        Hawaiian students who are gifted and talented, including--
                    ``(A) educational, psychological, and developmental 
                activities designed to assist in the educational 
                progress of such students; and
                    ``(B) activities that involve the parents of such 
                students in a manner designed to assist in the 
                educational progress of such students;
            ``(6) the development of academic and vocational curricula 
        to address the needs of Native Hawaiian children and adults, 
        including curricula materials in the Hawaiian language and 
        mathematics and science curricula that incorporate Native 
        Hawaiian tradition and culture;
            ``(7) professional development activities for educators, 
        including--
                    ``(A) the development of programs to prepare 
                prospective teachers to address the unique needs of 
                Native Hawaiian students within the context of Native 
                Hawaiian culture, language, and traditions;
                    ``(B) in-service programs to improve the ability of 
                teachers who teach in schools with high concentrations 
                of Native Hawaiian students to meet the unique needs of 
                such students; and
                    ``(C) the recruitment and preparation of Native 
                Hawaiians, and other individuals who live in 
                communities with a high concentration of Native 
                Hawaiians, to become teachers;
            ``(8) the operation of community-based learning centers 
        that address the needs of Native Hawaiian families and 
        communities through the coordination of public and private 
        programs and services, including--
                    ``(A) preschool programs;
                    ``(B) after-school programs;
                    ``(C) career and technical and adult education 
                programs; and
                    ``(D) programs that recognize and support the 
                unique cultural and educational needs of Native 
                Hawaiian children, and incorporate appropriately 
                qualified Native Hawaiian elders and seniors;
            ``(9) activities, including program co-location, to enable 
        Native Hawaiians to enter and complete programs of 
        postsecondary education, including--
                    ``(A) provision of full or partial scholarships for 
                undergraduate or graduate study that are awarded to 
                students based on their academic promise and financial 
                need, with a priority, at the graduate level, given to 
                students entering professions in which Native Hawaiians 
                are underrepresented;
                    ``(B) family literacy services;
                    ``(C) counseling and support services for students 
                receiving scholarship assistance;
                    ``(D) counseling and guidance for Native Hawaiian 
                secondary school students who have the potential to 
                receive scholarships; and
                    ``(E) faculty development activities designed to 
                promote the matriculation of Native Hawaiian students;
            ``(10) research and data collection activities to determine 
        the educational status and needs of Native Hawaiian children 
        and adults;
            ``(11) other research and evaluation activities related to 
        programs carried out under this part; and
            ``(12) other activities, consistent with the purposes of 
        this part, to meet the educational needs of Native Hawaiian 
        children and adults.
    ``(d) Additional Activities.--Notwithstanding any other provision 
of this part, funds made available to carry out this section as of the 
day before the date of enactment of the Native Culture, Language, and 
Access for Success in Schools Act shall remain available until 
expended. The Secretary shall use such funds to support the following:
            ``(1) The development of a body of Native Hawaiian law.
            ``(2) The perpetuation of, and expansion of access to, 
        Hawaiian culture and history through digital archives.
            ``(3) Informal education programs that connect traditional 
        Hawaiian knowledge, science, astronomy, and the environment 
        through State museums or learning centers.
            ``(4) Public charter schools serving high concentrations of 
        Native Hawaiian students.
    ``(e) Administrative Costs.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        more than 5 percent of funds provided to a recipient of a grant 
        or contract under this section for any fiscal year may be used 
        for administrative purposes.
            ``(2) Exception.--The Secretary may waive the requirement 
        of paragraph (1) for a nonprofit entity that receives funding 
        under this section. The Secretary may allow not more than 10 
        percent of funds provided to such nonprofit entity under this 
        section for any fiscal year to be used for administrative 
        purposes.
    ``(f) Scholarship Rule and Conditions.--
            ``(1) Institutions outside hawaii.--The Secretary may not 
        establish a policy under this section that prevents a Native 
        Hawaiian student enrolled at a 2- or 4-year degree granting 
        institution of higher education outside of the State of Hawaii 
        from receiving a scholarship pursuant to subsection (d)(9)(A).
            ``(2) Scholarship conditions.--The Secretary shall 
        establish conditions for receipt of a scholarship awarded under 
        subsection (d)(9)(A). The conditions shall require that an 
        individual seeking such a scholarship enter into a contract to 
        provide professional services to the Native Hawaiian community, 
        either during the scholarship period or upon completion of a 
        program of postsecondary education.''.

SEC. 181. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF APPROPRIATIONS.

    Section 7206 (20 U.S.C. 7516) is amended to read as follows:

``SEC. 7206. ADMINISTRATIVE PROVISIONS.

    ``(a) Application Required.--No grant may be made under this part, 
and no contract may be entered into under this part, unless the entity 
seeking the grant or contract submits an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may determine to be necessary to carry out the provisions of 
this part.
    ``(b) Direct Grant Applications.--The Secretary shall provide a 
copy of all direct grant applications to the Education Council.
    ``(c) Supplement Not Supplant.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds made available under this part shall be used to 
        supplement, and not supplant, any State or local funds used to 
        achieve the purposes of this part.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        nonprofit entity or Native Hawaiian community-based 
        organization that receives a grant or other funds under this 
        part.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section 7204 and section 7205 such sums as 
        may be necessary for fiscal year 2011 and each of the 5 
        succeeding fiscal years.
            ``(2) Reservation.--Of the funds appropriated under this 
        subsection, the Secretary shall reserve, for each fiscal year 
        after the date of enactment of the Native Culture, Language, 
        and Access for Success in Schools Act not less than $500,000 
        for the grant to the Education Council under section 7204.
            ``(3) Availability.--Funds appropriated under this 
        subsection shall remain available until expended.''.

SEC. 182. DEFINITIONS.

    Section 7207 (20 U.S.C. 7517) is amended--
            (1) by redesignating paragraphs (1) through (6) and 
        paragraphs (2) through (7) respectively; and
            (2) by inserting before paragraph (2) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Community consultation.--The term `community 
        consultation' means a public gathering--
                    ``(A) to discuss Native Hawaiian education 
                concerns; and
                    ``(B) about which the public has been given not 
                less than 30 days notice.''.

                         Subtitle G--Impact Aid

SEC. 185. IMPACT AID.

    Section 8004 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7704) is amended--
            (1) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Annual Summary.--On an annual basis, a local educational 
agency that claims children residing on Indian lands for the purpose of 
receiving funds under section 8003 shall provide Indian tribes with--
            ``(1) a summary of programs and activities that were 
        created for the claimed children, or in which the claimed 
        children participate; and
            ``(2) the funding received under section 8003 in the prior 
        and current fiscal years attributable to such claimed 
        children.'';
            (3) in subsection (e), as redesignated by paragraph (1)--
                    (A) in paragraph (1), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) conduct annual outreach to Indian tribes about the 
        impact aid program supported under this title and the 
        provisions of this section; and
            ``(4) submit an annual report, to the Committee on Indian 
        Affairs and the Committee on Health, Education, Labor, and 
        Pensions of the Senate, and the Committee on Natural Resources 
        and the Committee on Education and the Workforce of the House 
        of Representatives, that includes, with respect to the 
        preceding year--
                    ``(A) a summary of the dates for, types of, and 
                Indian tribes attending the outreach conducted pursuant 
                to paragraph (3);
                    ``(B) a summary of the complaints filed under 
                subsection (f) and the disposition of such complaints 
                pursuant to this section; and
                    ``(C) any other information the Secretary 
                determines appropriate regarding this section.''; and
            (4) by inserting after subsection (g), as redesignated by 
        paragraph (1), the following:
    ``(h) Timely Payments.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall pay a local educational agency that claims children 
        residing on Indian lands for the purpose of receiving funds 
        under section 8003 the full amount that the agency is eligible 
        to receive under this title for a fiscal year not later than 
        September 30 of the second fiscal year following the fiscal 
        year for which such amount has been appropriated if, not later 
        than 1 calendar year following the fiscal year in which such 
        amount has been appropriated, such local educational agency 
        submits to the Secretary all the data and information necessary 
        for the Secretary to pay the full amount that the agency is 
        eligible to receive under this title for such fiscal year.
            ``(2) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--For a fiscal year in 
        which the amount appropriated under section 8014 is 
        insufficient to pay the full amount a local educational agency 
        is eligible to receive under this title, paragraph (1) shall be 
        applied by substituting `is available to pay the agency' for 
        `the agency is eligible to receive' each place it appears.''.

                     Subtitle H--General Provisions

SEC. 191. HIGHLY QUALIFIED DEFINITION.

    Section 9109(23) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801(23)) is amended--
            (1) in subparagraph (B)(ii)(II), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C)(ii)(VII), by striking the period 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) when used with respect to any public 
                elementary school or secondary school teacher teaching 
                Native American or Hawaiian language, history, or 
                culture in a State or any Bureau of Indian Affairs 
                funded or operated school, means a teacher certified by 
                an Indian tribe or Native Hawaiian educational 
                organization as highly qualified to teach such 
                subjects.''.

SEC. 192. APPLICABILITY OF ESEA TO BUREAU OF INDIAN EDUCATION SCHOOLS.

    Section 9103 (20 U.S.C. 7821) is amended to read as follows:

``SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION SCHOOLS.

    ``(a) In General.--For the purpose of any competitive program under 
this Act, a school described in subsection (b) shall have the same 
eligibility for and be given the same consideration as a local 
educational agency with regard to such program.
    ``(b) Description of Schools.--A school described in this 
subsection is--
            ``(1) a school funded by the Bureau of Indian Education 
        (including a school operated under a contract or grant with the 
        Bureau of Indian Education), or a consortium of such schools; 
        or
            ``(2) a school funded by the Bureau of Indian Education in 
        consortium with an Indian tribe, an institution of higher 
        education, a tribal organization, or a community organization.
    ``(c) Outreach.--The Secretary shall perform outreach to schools 
and consortia described in subsection (b) to encourage such schools and 
consortia to apply for each competitive program under this Act, and 
shall provide technical assistance as needed to enable such schools and 
consortia to submit applications for such programs.
    ``(d) Collaboration.--The Secretary shall collaborate with the 
Secretary of the Interior to provide training and technical assistance 
to the Bureau of Indian Education, Indian tribes, and schools operated 
under contracts and grants from the Bureau of Indian Education, 
regarding--
            ``(1) curriculum selection, including development of 
        culturally appropriate curricula;
            ``(2) the development and use of appropriate assessments; 
        and
            ``(3) effective instructional practices.''.

SEC. 193. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, SCHOOLS 
              SERVED BY THE BUREAU OF INDIAN EDUCATION, AND NATIVE 
              AMERICAN STUDENTS.

    (a) Technical Assistance and Capacity Building.--Subpart 2 of part 
E of title IX of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7901 et seq.) is amended by adding at the end the following:

``SEC. 9537. TECHNICAL ASSISTANCE AND CAPACITY BUILDING FOR TRIBAL 
              SCHOOLS AND SCHOOLS SERVED BY THE BUREAU OF INDIAN 
              EDUCATION.

    ``Notwithstanding any other provision of this Act, the Secretary 
shall ensure that any program supported with funds provided under this 
Act that awards grants, contracts, or other assistance to public 
schools, provides a 1 percent reservation for technical assistance or 
capacity building for tribal schools or schools served by the Bureau of 
Indian Education to ensure such tribal schools or schools served by the 
Bureau of Indian Education are provided the assistance to compete for 
such grants, contracts, or other assistance.''.

                   TITLE II--AMENDMENTS TO OTHER LAWS

SEC. 201. AMENDMENTS TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 
              2009 TO PROVIDE FUNDING FOR INDIAN PROGRAMS.

    Title XIV of Division A of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111-5; 123 Stat. 279) is amended--
            (1) by striking subsection (a) of section 14001 and 
        inserting the following:
    ``(a) Outlying Areas; Bureau of Indian Education.--
            ``(1) Outlying areas.--From the amount appropriated to 
        carry out this title, the Secretary of Education shall first 
        allocate up to one-half of one percent to the outlying areas on 
        the basis of their respective needs, as determined by the 
        Secretary, in consultation with the Secretary of the Interior, 
        for activities consistent with this title under such terms and 
        conditions as the Secretary may determine.
            ``(2) Bureau of indian education.--From the amounts 
        appropriated to carry out section 14006 and section 14007, the 
        Secretary of Education shall allocate not less than 1 percent, 
        but not more than 5 percent, to the schools funded by the 
        Bureau of Indian Education on the basis of their respective 
        needs, as determined by the Secretary of Education, in 
        consultation with the Secretary of the Interior, for activities 
        consistent with such sections under such terms and conditions 
        as the Secretary may determine.''; and
            (2) in section 14005(d), by striking paragraph (6) (as 
        added by section 1832(b) of the Department of Defense and Full-
        Year Continuing Appropriations Act, 2011 (Public Law 112-10, 
        125 Stat. 164)) and inserting the following:
            ``(6) Improving early childhood care and education.--The 
        State will take actions to--
                    ``(A) increase the number and percentage of low-
                income and disadvantaged children in each age group of 
                infants, toddlers, and preschoolers who are enrolled in 
                high-quality early learning programs;
                    ``(B) design and implement an integrated system of 
                high-quality early learning programs and services;
                    ``(C) in collaboration with Indian tribes in the 
                State, ensure that the actions described in 
                subparagraphs (A) and (B) are taken to ensure that 
                high-quality early learning programs and services are 
                provided to Indian children in the State, which may be 
                accomplished through subgrants to such tribes; and
                    ``(D) ensure that any use of assessments conforms 
                with the recommendations of the National Research 
                Council's reports on early childhood.''.

SEC. 202. QUALIFIED SCHOLARSHIPS FOR EDUCATION AND CULTURAL BENEFITS.

    (a) In General.--Section 117 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(e) Indian Education and Cultural Benefits.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, gross income does not include the value of--
                    ``(A) any qualified Indian education benefit, or
                    ``(B) any qualified Indian cultural benefit.
            ``(2) Qualified indian education benefit.--For purposes of 
        this subsection, the term `qualified Indian education benefit' 
        means--
                    ``(A) any educational grant or benefit provided, 
                directly or indirectly, to a member of an Indian tribe, 
                including a spouse or dependent of such a member, by 
                the Federal Government through a grant to or a contract 
                or compact with an Indian tribe or tribal organization 
                or through a third-party program funded by the Federal 
                Government, and
                    ``(B) any educational grant or benefit provided or 
                purchased by an Indian tribe or tribal organization to 
                or for a member of an Indian tribe, including a spouse 
                or dependent of such a member.
            ``(3) Qualified indian cultural benefit.--For purposes of 
        this subsection, the term `qualified Indian cultural benefit' 
        means--
                    ``(A) any grant or benefit provided, directly or 
                indirectly, to a member of an Indian tribe, including a 
                spouse or dependent of such a member, by the Federal 
                Government through a grant to or a contract or compact 
                with an Indian tribe or tribal organization or through 
                a third-party program funded by the Federal Government, 
                for the study of the language, culture, and ways of 
                life of the tribe, and
                    ``(B) any grant or benefit provided or purchased by 
                an Indian tribe or tribal organization to or for a 
                member of an Indian tribe, including a spouse or 
                dependent of such a member, for the study of the 
                language, culture, and ways of life of the tribe.
            ``(4) Definitions.--For purposes of this subsection--
                    ``(A) Indian tribe.--The term `Indian tribe' has 
                the meaning given such term by section 45A(c)(6).
                    ``(B) Tribal organization.--The term `tribal 
                organization' has the meaning given such term by 
                section 4(l) of the Indian Self-Determination and 
                Education Assistance Act.
                    ``(C) Dependent.--The term `dependent' has the 
                meaning given such term by section 152, determined 
                without regard to subsections (b)(1), (b)(2), and 
                (d)(1)(B) thereof.
            ``(5) Denial of double benefit.--This subsection shall not 
        apply to the amount of any qualified Indian education benefit 
        or qualified Indian cultural benefit which is not includible in 
        gross income of the beneficiary of such benefit by reason of 
        any other provision of this title, or to the amount of any such 
        benefit for which a deduction is allowed to such beneficiary 
        under any other provision of this title.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts received after the date of enactment of this Act.

SEC. 203. TRIBAL EDUCATION POLICY ADVISORY GROUP.

    Section 1126 of the Education Amendments of 1978 (25 U.S.C. 2006) 
is amended by adding at the end the following:
    ``(h) Tribal Education Policy Advisory Group.--
            ``(1) Establishment.--Not later than 120 days after the 
        date of enactment of this subsection, the Secretary, acting 
        through the Assistant Secretary for Indian Affairs, shall 
        establish a Tribal Education Policy Advisory Group (referred to 
        in this subsection as the `TEPAG') to advise the Secretary and 
        the Assistant Secretary on all policies, guidelines, 
        programmatic issues, and budget development for the school 
        system funded by the Bureau of Indian Education.
            ``(2) Duties.--
                    ``(A) In general.--The Secretary shall consult with 
                the TEPAG prior to proposing any regulations, 
                establishing or changing any policies, or submitting 
                any budget proposal applicable to the Bureau of Indian 
                Education school system.
                    ``(B) Recommendations.--The Secretary shall include 
                in the proposed budget developed annually for the 
                Bureau of Indian Education any recommendations made by 
                the TEPAG resulting from the consultation under 
                subparagraph (A).
                    ``(C) Supplement, not supplant.--The consultation 
                required by subparagraph (A) shall be in addition to 
                and shall not replace the consultation requirement of 
                section 1131.
            ``(3) Composition.--
                    ``(A) In general.--The TEPAG shall be composed of 
                26 members, who shall be selected in accordance with 
                subparagraphs (B) through (D).
                    ``(B) Tribal members.--
                            ``(i) In general.--The TEPAG shall be 
                        composed of 22 elected or appointed tribal 
                        officials (or designated employees of the 
                        officials with authority to act on behalf of 
                        the officials), 1 from each education line 
                        office of the Bureau of Indian Education, who 
                        shall act as principal members of the TEPAG.
                            ``(ii) Selection process.--The tribes and 
                        schools served by each education line office 
                        shall establish a process to select the 
                        principal member and alternate member of that 
                        education line office to TEPAG.
                            ``(iii) Alternates.--The alternate member 
                        of an education line office selected under 
                        clause (ii) may participate in TEPAG meetings 
                        in the absence of the principal member of that 
                        education line office.
                    ``(C) National tribal organization member.--The 
                Secretary shall appoint a principal member and an 
                alternate member to the TEPAG from among national 
                organizations comprised of Indian tribes, who shall be 
                elected or appointed tribal officials (or designated 
                employees of the officials with authority to act on 
                behalf of the officials).
                    ``(D) Federal members.--The Secretary, the 
                Assistant Secretary for Indian Affairs, and the 
                Director of the Bureau of Indian Education shall be ex 
                officio members of the TEPAG.
            ``(4) Administration.--
                    ``(A) Meetings.--The TEPAG shall meet in person not 
                less than 3 times per fiscal year and may hold 
                additional meetings by telephone conference call.
                    ``(B) Protocols.--The Secretary and the TEPAG shall 
                jointly develop protocols for the operation and 
                administration of TEPAG.
                    ``(C) Nonapplicability of faca.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the TEPAG.
                    ``(D) Support.--
                            ``(i) In general.--The Secretary shall be 
                        responsible for all costs associated with 
                        carrying out the functions of the TEPAG, 
                        including reimbursement for the travel, 
                        lodging, and per diem expenses of each 
                        principal or alternate TEPAG member selected 
                        under subparagraphs (B) and (C) of paragraph 3.
                            ``(ii) Additional request.--
                                    ``(I) In general.--To facilitate 
                                the work of the TEPAG, the Secretary 
                                may request additional funding in the 
                                annual budget submission of the 
                                Secretary to support technical and 
                                substantive assistance to the TEPAG.
                                    ``(II) Recommendations.--If the 
                                Secretary requests additional funding 
                                under subclause (I), the Secretary 
                                shall take into consideration the 
                                amount of funding requested by the 
                                TEPAG for technical and substantive 
                                assistance when making the additional 
                                funding request.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.

SEC. 204. DIVISION OF BUDGET ANALYSIS.

    Section 1129 of the Education Amendments of 1978 (25 U.S.C. 2009) 
is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Assistant Secretary for Indian Affairs'' and 
                inserting ``Secretary'';
                    (B) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (C) by redesignating paragraph (3) as paragraph 
                (4); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) a determination of the amount necessary to sustain 
        academic and residential programs at Bureau-funded schools, 
        calculated pursuant to subpart H of part 39 of title 25, Code 
        of Federal Regulations (or successor regulations); and''; and
            (2) in subsection (d), by striking ``Assistant Secretary 
        for Indian Affairs'' and inserting ``Secretary''.

SEC. 205. TRIBAL EDUCATIONAL AGENCIES.

    Section 1140 of the Education Amendments of 1978 (25 U.S.C. 2020) 
is amended--
            (1) in the section heading, by striking ``tribal 
        departments or divisions of education'' and inserting ``tribal 
        educational agencies'';
            (2) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary shall make grants and provide 
technical assistance to Indian tribes for the development and operation 
of tribal educational agencies for the purpose of planning and 
coordinating all educational programs of Indian tribes and building the 
capacities of tribal educational agencies.'';
            (3) in subsection (d), by striking ``Tribes that'' and 
        inserting ``Indian tribes that'';
            (4) in subsection (e)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) includes assurances from the applicant that the 
        tribal educational agency to be funded under this section will 
        provide coordinating services and technical assistance to all 
        schools located on its lands;'';
                    (B) in paragraph (2), by striking ``tribal 
                department of education'' and inserting ``tribal 
                educational agency''; and
                    (C) in paragraph (3)(A)--
                            (i) by striking the matter preceding clause 
                        (i) and inserting the following: ``If schools 
                        funded or supported by the Bureau of Indian 
                        Education are located within the tribe's 
                        territory, provides for--''; and
                            (ii) in clause (i), by striking ``tribal 
                        department of education'' and inserting 
                        ``tribal educational agency''; and
            (5) by striking subsection (h) and inserting the following:
    ``(h) Capacity Building and Technical Assistance.--Each recipient 
of a grant under this section shall use the grant in ways that will 
build such recipient's capacity to continue to plan and develop high-
quality education programs. The Secretary shall provide technical 
assistance to such recipients to assist with capacity building.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for fiscal year 2012 
and for each of the succeeding 5 fiscal years.''.

SEC. 206. QUALIFIED SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT.

    Part B of title II of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458) is amended by adding at the end the 
following:

``SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED SCHOOL CONSTRUCTION 
              BOND ESCROW ACCOUNT.

    ``(a) In General.--Pursuant to the authority granted under section 
54F(d)(4) of the Internal Revenue Code of 1986, the Secretary shall 
establish a qualified school construction bond escrow account for the 
purpose of implementing section 54F of the Internal Revenue Code of 
1986.
    ``(b) Transfer to Escrow Account.--
            ``(1) In general.--The Secretary shall allocate to the 
        escrow account described in subsection (a) amounts described in 
        section 54F(d)(4) of the Internal Revenue Code of 1986.
            ``(2) Other funds.--The Secretary shall accept and disburse 
        to the escrow account described in subsection (a) amounts 
        received to carry out this section from other sources, 
        including other Federal agencies, non-Federal public agencies, 
        and private sources.''.

SEC. 207. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.

    Section 532 of the Equity in Educational Land-Grant Status Act of 
1994 (7 U.S.C. 301 note) is amended--
            (1) in paragraph (5), by striking ``Crownpoint Institute of 
        Technology'' and inserting ``Navajo Technical College (formerly 
        Crownpoint Institute of Technology)'';
            (2) in paragraph (10), by striking ``Fort Belknap College'' 
        and insert ``Aaniiih Nakoda College (formerly Fort Belknap 
        College)'';
            (3) by striking paragraph (27);
            (4) by redesignating paragraphs (28) through (34) as 
        paragraphs (27) through (33), respectively; and
            (5) by adding at the end the following:
            ``(34) Keweenaw Bay Ojibwa Community College.
            ``(35) College of the Muscogee Nation.
            ``(36) Comanche Nation College.''.

SEC. 208. WORKFORCE INVESTMENT ACT OF 1998.

    Title II of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et 
seq.) is amended--
            (1) in section 203--
                    (A) in paragraph (5)(D), by inserting ``, including 
                a Tribal College or University'' after ``education'';
                    (B) in paragraph (15), by amending subparagraph (B) 
                to read as follows:
                    ``(B) a Tribal College or University; or'';
                    (C) by redesignating paragraph (18) as paragraph 
                (19); and
                    (D) by inserting after paragraph (17) the 
                following:
            ``(18) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given the term in 
        section 316(b) of the Higher Education Act of 1965.'';
            (2) in section 211(a)--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) shall reserve 1.5 percent to carry out section 244, 
        except that the amount so reserved shall not exceed 
        $8,000,000.''; and
            (3) by inserting after section 243 the following:

``SEC. 244. AMERICAN INDIAN, NATIVE HAWAIIAN, AND TRIBAL COLLEGE OR 
              UNIVERSITY ADULT EDUCATION AND LITERACY PROGRAM.

    ``(a) Establishment and Purpose.--The Secretary shall establish and 
carry out an American Indian, Native Hawaiian, and Tribal College or 
University Adult Education and Literacy Grant Program to enable Tribal 
Colleges or Universities and Native Hawaiian educational organizations 
to develop and implement innovative, effective, and replicable programs 
designed to enhance life skills and transition individuals to 
employability and postsecondary education and to provide technical 
assistance to such institutions and organizations for program 
administration.
    ``(b) Application.--To be eligible to receive a grant under this 
section, a Tribal College or University or a Native Hawaiian 
educational organization shall submit to the Secretary an application 
at such time and in such manner as the Secretary may reasonably 
require. The Secretary shall, to the extent practicable, prescribe a 
simplified and streamlined format for such applications that takes into 
account the limited number of institutions that are eligible for 
assistance under this section.
    ``(c) Eligible Activities.--Activities that may be carried out 
under a grant awarded under this section include--
            ``(1) adult education and literacy services, including 
        workplace literacy services;
            ``(2) family literacy services;
            ``(3) English literacy programs, including limited English 
        proficiency programs;
            ``(4) civil engagement and community participation, 
        including U.S. citizenship skills;
            ``(5) opportunities for American Indians, Native Hawaiians, 
        and Alaska Natives to qualify for a secondary school diploma, 
        or its recognized equivalent; and
            ``(6) demonstration and research projects and professional 
        development activities designed to develop and identify the 
        most successful methods and techniques for addressing the 
        educational needs of American Indian and Native Hawaiian 
        adults.
    ``(d) Grants and Contracts.--Funding shall be awarded under this 
section to Tribal Colleges or Universities or Native Hawaiian 
educational organizations on a competitive basis through grants, 
contracts, or cooperative agreements of not less than 3 years in 
duration.
    ``(e) Consideration and Inclusion.--In making awards under this 
section, the Secretary may take into account the considerations set 
forth in section 231(e). In no case shall the Secretary make an award 
to a Tribal College or University or Native Hawaiian educational 
organization that does not include in its application a description of 
a multiyear strategy, including performance measures, for increasing 
the number of adult American Indian, Native Hawaiian, or Alaska Natives 
that attain a secondary diploma or recognized equivalent.
    ``(f) Definition of Native Hawaiian Educational Organization.--The 
term `Native Hawaiian educational organization' means a Native Hawaiian 
educational organization, as defined in section 1116A(b), that operates 
an institution of higher education on land of the Department of 
Hawaiian Home Lands (as defined in such section).''.

SEC. 209. TECHNICAL AMENDMENTS TO TRIBALLY CONTROLLED SCHOOLS ACT OF 
              1988.

    (a) Grants Authorized.--Section 5203(b)(3) of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2502(b)(3)) is amended--
            (1) by striking ``as defined in section 1128(h)(1)'' and 
        inserting ``as defined in section 1128(a)(1)''; and
            (2) by striking ``under section 1128 of such'' and 
        inserting ``under section 1128(c) of that''.
    (b) Amendments to Grants.--Section 5203 of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2502) is amended by adding at the end 
the following:
    ``(h) Amendments to Grants.--
            ``(1) In general.--At the request of the school board of a 
        tribally controlled school, the Secretary shall approve a 
        request to amend a grant issued to that school board under this 
        part unless the Secretary, not later than 90 days after the 
        date of receipt of the request, provides written notification 
        to the school board that contains a specific finding that 
        clearly demonstrates, or is supported by a controlling legal 
        authority, that--
                    ``(A) the services to be rendered to the eligible 
                Indian students under the proposed amendment to the 
                grant do not meet the requirements of this part;
                    ``(B) adequate protection of trust resources is not 
                assured;
                    ``(C) the grant or the proposed amendment to the 
                grant cannot be properly completed or maintained;
                    ``(D) the amount of funds proposed under the 
                amendment is in excess of the applicable funding level 
                for the grant, as determined under section 5204; or
                    ``(E) the program, function, service, or activity 
                (or portion of the program, function, service, or 
                activity) that is the subject of the proposed amendment 
                is beyond the scope of programs, functions, services, 
                or activities covered under this part because the 
                proposed amendment includes activities that cannot 
                lawfully be carried out by the grantee.
            ``(2) Appeals.--The Secretary shall provide the school 
        board of a tribally controlled school with a hearing on the 
        record in the same manner as provided under section 102 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450f).''.
    (c) Composition of Grants.--Section 5204(b) of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2503(b)) is amended--
            (1) in paragraph (4)(B)(iv), by striking ``section 
        5209(e)'' and inserting ``section 5208(e)''; and
            (2) in paragraph (5)(B), by striking ``section 5209(e)'' 
        and inserting ``section 5208(e)''.
    (d) Duration of Eligibility Determination.--Section 5206(c) of the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(c)) is 
amended--
            (1) in paragraph (2), by striking ``section 5206(b)(1)(A)'' 
        and inserting ``section 5205(b)(1)(A)''; and
            (2) in paragraph (4)(A), by striking ``section 
        5206(f)(1)(C)'' and inserting ``section 5205(f)(1)(C)''.

SEC. 210. EXEMPTION FROM ELIGIBILITY APPLICATION.

    Paragraph (1) of section 316(d) of the Higher Education Act of 1965 
(20 U.S.C. 1059c(d)) is amended to read as follows:
            ``(1) Institutional eligibility.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this title, a Tribal College or University 
                shall be deemed eligible to receive funding under this 
                section if such institution is--
                            ``(i) eligible to receive funding under the 
                        Tribally Controlled Colleges and Universities 
                        Assistance Act of 1978 (25 U.S.C. 1801 et seq.) 
                        or the Navajo Community College Assistance Act 
                        of 1978 (25 U.S.C. 640a note); or
                            ``(ii) is an institution listed in section 
                        532 of the Equity in Educational Land-Grant 
                        Status Act of 1994 (7 U.S.C. 301 note).
                    ``(B) Exemption.--Sections 312(b) and 313(d) shall 
                not apply to institutions that are eligible to receive 
                funds under this section.''.

SEC. 211. TRIBAL COLLEGES AND UNIVERSITIES AMERICAN INDIAN LANGUAGE 
              VITALIZATION AND TRAINING PROGRAM.

    Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 
1057 et seq.) is amended by adding at the end the following:

``SEC. 320A. AMERICAN INDIAN LANGUAGE VITALIZATION AND TRAINING 
              PROGRAM.

    ``(a) Definition of Eligible Institution.--In this section, the 
term `eligible institution' means a Tribal College or University, as 
defined in section 316(b)(3).
    ``(b) Program Authorized.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for Postsecondary Education, shall 
        establish a program, to be known as the `American Indian 
        Language Vitalization and Training Program', to award grants, 
        on a competitive basis, to eligible institutions to enable the 
        eligible institutions to promote the preservation, 
        revitalization, relevancy, and use of American Indian 
        languages.
            ``(2) Duration.--A grant under this section shall be for a 
        period of not less than 5 years and not more than 10 years.
    ``(c) Application.--
            ``(1) In general.--An eligible institution desiring to 
        receive a grant under this section shall submit an application 
        to the Secretary at such time as the Secretary may reasonably 
        require.
            ``(2) Streamlined process.--The Secretary shall establish 
        application requirements in such a manner as to simplify and 
        streamline the process for applying for grants under this 
        section and in a manner that is consistent with subsection 
        (e)(3).
            ``(3) Program plan.--
                    ``(A) In general.--An application under paragraph 
                (1) shall include a plan for the program proposed to be 
                carried out by the eligible institution using the 
                grant.
                    ``(B) Inclusions.--The program plan described in 
                subparagraph (A) shall include--
                            ``(i) a description of a 5-year strategy of 
                        the eligible institution for meeting the needs 
                        of American Indians or Alaska Natives, as 
                        appropriate, in the area served by the eligible 
                        institution;
                            ``(ii) an identification of the population 
                        to be served by the eligible institution;
                            ``(iii) an identification of the status of 
                        American Indian language understanding and use 
                        within that population and a description of the 
                        manner in which the program will help preserve 
                        and revitalize the relevant American Indian 
                        language;
                            ``(iv) a description of the services to be 
                        provided under the program, including the 
                        manner in which the services will be integrated 
                        with other appropriate activities; and
                            ``(v) a description, to be prepared in 
                        consultation with the Secretary, of the 
                        performance measures to be used to assess the 
                        performance of the tribal college or university 
                        in carrying out the program.
                    ``(C) Requirement.--A program plan shall be 
                consistent with the purposes of this section, as 
                determined by the Secretary.
    ``(d) Activities.--An eligible institution that receives a grant 
under this subsection shall use the grant to carry out activities 
relating to the purpose of this section, including--
            ``(1) curricula development and academic instruction, 
        including educational activities, programs, and partnerships 
        relating to students in prekindergarten through grade 16;
            ``(2) professional development for Tribal College or 
        University faculty and in-service training programs for 
        prekindergarten through grade 16 instructors and 
        administrators;
            ``(3) innovative American Indian language programs for 
        students in prekindergarten through grade 16, including 
        language immersion programs; and
            ``(4) research on Native language instruction, best 
        practices, and pedagogy, including comparative practices.
    ``(e) Special Rules.--
            ``(1) Concurrent funding.--An eligible institution that 
        receives funds under this section may concurrently receive 
        funds under section 316.
            ``(2) Exemption.--Sections 312(b) and 313(d) shall not 
        apply to institutions that are eligible by definition to 
        receive funds under this section.
            ``(3) Institutional eligibility.--Notwithstanding any other 
        provision of this title, a Tribal College or University shall 
        be deemed eligible to receive funding under this section if 
        such institution is--
                    ``(A) eligible to receive funding under the 
                Tribally Controlled Colleges and Universities 
                Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the 
                Navajo Community College Assistance Act of 1978 (25 
                U.S.C. 640a note); or
                    ``(B) is cited in section 532 of the Equity in 
                Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 
                note).
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this subsection $15,000,000 for fiscal year 
2012 and for each subsequent fiscal year.''.

SEC. 212. ADMINISTRATIVE COST GRANTS FOR TRIBALLY OPERATED SCHOOLS.

    Section 1128(l)(1) of the Education Amendments of 1978 (25 U.S.C. 
2008(l)(1)) is amended--
            (1) by striking ``2002'' and inserting ``2013''; and
            (2) by striking ``at the discretion of the Secretary,''.

SEC. 213. TRIBAL MEMBER STUDENT RECORDS.

    Section 444(b)(1)(C) of the General Education Provisions Act 
(commonly referred to as the ``Family Educational Rights and Privacy 
Act of 1974'') (20 U.S.C. 1232g(b)(1)(C)) is amended--
            (1) by striking `` (3), or (ii)'' and inserting ``(3), 
        (ii)''; and
            (2) by striking ``or (III) State educational authorities, 
        under the conditions set forth in paragraph (3)'' and inserting 
        ``(III) authorized representatives of Indian tribes, or (IV) 
        State educational authorities, under the conditions set forth 
        in paragraph (3)''.

               TITLE III--ADDITIONAL EDUCATION PROVISIONS

SEC. 301. NATIVE AMERICAN STUDENT SUPPORT.

    (a) Support.--The Secretary of Education shall expand programs for 
Native American school children--
            (1) to provide support for learning in their Native 
        language and culture; and
            (2) to provide English language instruction.
    (b) Research.--The Secretary of Education shall conduct research on 
culture- and language-based education to identify the factors that 
improve education and health outcomes.

SEC. 302. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF NATIVE 
              AMERICAN LANGUAGES.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Indian Education.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any agency or organization that is eligible for financial 
        assistance under section 803(a) of the Native American Programs 
        Act of 1974 (42 U.S.C. 2991b(a)).
            (3) Native american language nest.--The term ``Native 
        American language nest'' has the meaning given the term in 
        section 803C(b)(7)(A) of the Native American Programs Act of 
        1974 (42 U.S.C. 2991b-3(b)(7)(A)).
            (4) Native american language survival school.--The term 
        ``Native American language survival school'' has the meaning 
        given the term in section 803C(b)(7)(B) of the Native American 
        Programs Act of 1974 (42 U.S.C. 2991b-3(b)(7)(B)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director.
    (b) Establishment of Grant Program.--The Secretary shall establish 
a program to provide eligible entities with grants for the purpose of 
assisting Native Americans to ensure the survival and continuing 
vitality of Native American languages.
    (c) Use of Amounts.--
            (1) In general.--An eligible entity may use amounts 
        received under this section to carry out activities that ensure 
        the survival and continuing vitality of Native American 
        languages, including--
                    (A) the establishment and support of community 
                Native American language projects designed to bring 
                older and younger Native Americans together to 
                facilitate and encourage the transfer of Native 
                American language skills from 1 generation to another;
                    (B) the establishment of projects that train Native 
                Americans to--
                            (i) teach a Native American language to 
                        others; or
                            (ii) serve as interpreters or translators 
                        of a Native American language;
                    (C) the development, printing, and dissemination of 
                materials to be used for the teaching and enhancement 
                of a Native American language;
                    (D) the establishment or support of a project to 
                train Native Americans to produce or participate in 
                television or radio programs to be broadcast in a 
                Native American language;
                    (E) the compilation, transcription, and analysis of 
                oral testimony to record and preserve a Native American 
                language;
                    (F) the purchase of equipment, including audio and 
                video recording equipment, computers, and software, 
                required to carry out a Native American language 
                project; and
                    (G)(i) the establishment of Native American 
                language nests, which are site-based educational 
                programs that--
                            (I) provide instruction and child care 
                        through the use of a Native American language 
                        for at least 10 children under the age of 7 for 
                        an average of at least 500 hours per year per 
                        student;
                            (II) provide classes in a Native American 
                        language for parents (or legal guardians) of 
                        students enrolled in a Native American language 
                        nest (including Native American language-
                        speaking parents); and
                            (III) ensure that a Native American 
                        language is the dominant medium of instruction 
                        in the Native American language nest;
                    (ii) the establishment of Native American language 
                survival schools, which are site-based educational 
                programs for school-age students that--
                            (I) provide an average of at least 500 
                        hours of instruction through the use of 1 or 
                        more Native American languages for at least 15 
                        students for whom a Native American language 
                        survival school is the principal place of 
                        instruction;
                            (II) develop instructional courses and 
                        materials for learning Native American 
                        languages and for instruction through the use 
                        of Native American languages;
                            (III) provide for teacher training;
                            (IV) work toward a goal of all students 
                        achieving--
                                    (aa) fluency in a Native American 
                                language; and
                                    (bb) academic proficiency in 
                                mathematics, reading (or language 
                                arts), and science; and
                            (V) are located in areas that have high 
                        numbers or percentages of Native American 
                        students; and
                    (iii) the establishment of Native American language 
                restoration programs, which are educational programs 
                that--
                            (I) operate at least 1 Native American 
                        language program for the community which the 
                        educational program serves;
                            (II) provide training programs for teachers 
                        of Native American languages;
                            (III) develop instructional materials for 
                        the Native American language restoration 
                        programs;
                            (IV) work toward a goal of increasing 
                        proficiency and fluency in at least 1 Native 
                        American language; and
                            (V) provide instruction in at least 1 
                        Native American language.
            (2) Native american language restoration programs.--An 
        eligible entity carrying out a program described in paragraph 
        (1)(G)(iii) may use amounts made available under this section 
        to carry out--
                    (A) Native American language programs, including--
                            (i) Native American language immersion 
                        programs;
                            (ii) Native American language and culture 
                        camps;
                            (iii) Native American language programs 
                        provided in coordination and cooperation with 
                        educational entities;
                            (iv) Native American language programs 
                        provided in coordination and cooperation with 
                        local institutions of higher education;
                            (v) Native American language programs that 
                        use a master-apprentice model of learning 
                        languages; and
                            (vi) Native American language programs 
                        provided through a regional program to better 
                        serve geographically dispersed students;
                    (B) Native American language teacher training 
                programs, including--
                            (i) training programs in Native American 
                        language translation for fluent speakers;
                            (ii) training programs for Native American 
                        language teachers; and
                            (iii) training programs for teachers in the 
                        use of Native American language materials, 
                        tools, and interactive media to teach Native 
                        American language; and
                    (C) the development of Native American language 
                materials, including books, audio and visual tools, and 
                interactive media programs.
    (d) Applications.--
            (1) In general.--Subject to paragraph (2), in awarding a 
        grant under this section, the Secretary shall select applicants 
        from among eligible entities on the basis of applications 
        submitted to the Secretary at such time, in such form, and 
        containing such information as the Secretary requires.
            (2) Requirements.--An application under paragraph (1) shall 
        include, at a minimum--
                    (A) a detailed description of the current status of 
                the Native American language to be addressed by the 
                project for which a grant is requested, including a 
                description of existing programs and projects, if any, 
                in support of that language;
                    (B) a detailed description of the project for which 
                the grant is requested;
                    (C) a statement that the objectives of the project 
                are in accordance with the purposes of this section;
                    (D) a detailed description of the plan of the 
                applicant to evaluate the project;
                    (E) if appropriate, an identification of 
                opportunities for the replication or modification of 
                the project for use by other Native Americans;
                    (F) a plan for the preservation of the products of 
                the Native American language project for the benefit of 
                future generations of Native Americans and other 
                interested persons; and
                    (G) in the case of an application for a grant to 
                carry out any purpose specified in subsection 
                (c)(1)(G)(iii), a certification by the applicant that 
                the applicant has not less than 3 years of experience 
                in operating and administering a Native American 
                language survival school, a Native American language 
                nest, or any other educational program in which 
                instruction is conducted in a Native American language.
            (3) Participating organizations.--If an applicant 
        determines that the objectives of a proposed Native American 
        language project would be accomplished more effectively through 
        a partnership with an educational entity, the applicant shall 
        identify the educational entity as a participating organization 
        in the application.
    (e) Limitations on Funding.--
            (1) Federal share.--The Federal share of the total cost of 
        a program under this section shall not exceed 80 percent.
            (2) Non-federal share.--
                    (A) In general.--The non-Federal share of the cost 
                of a program under this section may be provided in cash 
                or fairly evaluated in-kind contributions, including 
                facilities, equipment, or services.
                    (B) Source of non-federal share.--The non-Federal 
                share--
                            (i) may be provided from any private or 
                        non-Federal source; and
                            (ii) may include amounts (including 
                        interest) distributed to an Indian tribe--
                                    (I) by the Federal Government 
                                pursuant to the satisfaction of a claim 
                                made under Federal law;
                                    (II) from amounts collected and 
                                administered by the Federal Government 
                                on behalf of an Indian tribe or the 
                                members of an Indian tribe; or
                                    (III) by the Federal Government for 
                                general tribal administration or tribal 
                                development under a formula or subject 
                                to a tribal budgeting priority system, 
                                including--
                                            (aa) amounts involved in 
                                        the settlement of land or other 
                                        judgment claims;
                                            (bb) severance or other 
                                        royalty payments; or
                                            (cc) payments under the 
                                        Indian Self-Determination Act 
                                        (25 U.S.C. 450f et seq.) or a 
                                        tribal budget priority system.
            (3) Duration.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary may make grants made under this section on a 
                1-year, 2-year, or 3-year basis.
                    (B) Native american language restoration program.--
                The Secretary shall only make a grant available under 
                subsection (c)(1)(G)(iii) on a 3-year basis.
    (f) Administration.--
            (1) In general.--The Secretary shall carry out this section 
        through the Bureau of Indian Education.
            (2) Expert panel.--
                    (A) In general.--Not later than 180 days after date 
                of enactment of this section, the Secretary shall 
                appoint a panel of experts for the purpose of assisting 
                the Secretary to review--
                            (i) applications submitted under subsection 
                        (d);
                            (ii) evaluations carried out to comply with 
                        subsection (d)(2)(C); and
                            (iii) the preservation of products required 
                        by subsection (d)(2)(F).
                    (B) Composition.--
                            (i) In general.--The panel shall include--
                                    (I) a designee of the Institute of 
                                American Indian and Alaska Native 
                                Culture and Arts Development;
                                    (II) representatives of national, 
                                tribal, and regional organizations that 
                                focus on Native American language or 
                                Native American cultural research, 
                                development, or training; and
                                    (III) other individuals who are 
                                recognized as experts in the area of 
                                Native American language.
                            (ii) Recommendations.--Recommendations for 
                        appointments to the panel shall be solicited 
                        from Indian tribes and tribal organizations.
                    (C) Duties.--The duties of the panel shall 
                include--
                            (i) making recommendations regarding the 
                        development and implementation of regulations, 
                        policies, procedures, and rules of general 
                        applicability with respect to the 
                        administration of this section;
                            (ii) reviewing applications received under 
                        subsection (d);
                            (iii) providing to the Secretary a list of 
                        recommendations for the approval of 
                        applications in accordance with--
                                    (I) regulations issued by the 
                                Secretary; and
                                    (II) the relative need for the 
                                project; and
                            (iv) reviewing evaluations submitted to 
                        comply with subsection (d)(2)(C).
            (3) Products generated by projects.--
                    (A) In general.--Subject to subparagraph (B), for 
                preservation and use in accordance with the 
                responsibilities of the respective organization under 
                Federal law, a copy of any product of a Native American 
                language project for which a grant is made under this 
                section--
                            (i) shall be transmitted to the Institute 
                        of American Indian and Alaska Native Culture 
                        and Arts Development; and
                            (ii) may be transmitted, at the discretion 
                        of the grantee, to national and regional 
                        repositories of similar material.
                    (B) Exemption.--
                            (i) In general.--In accordance with the 
                        Federal recognition of the sovereign authority 
                        of each Indian tribe over all aspects of the 
                        culture and language of that Indian tribe and 
                        subject to clause (ii), an Indian tribe may 
                        make a determination--
                                    (I) not to transmit a copy of a 
                                product under subparagraph (A);
                                    (II) not to permit the 
                                redistribution of a copy of a product 
                                transmitted under subparagraph (A); or
                                    (III) to restrict in any manner the 
                                use or redistribution of a copy of a 
                                product transmitted under subparagraph 
                                (A).
                            (ii) Restrictions.--Clause (i) does not 
                        authorize an Indian tribe--
                                    (I) to limit the access of the 
                                Secretary to a product described in 
                                subparagraph (A) for purposes of 
                                administering this section or 
                                evaluating the product; or
                                    (II) to sell a product described in 
                                subparagraph (A), or a copy of that 
                                product, for profit to the entities 
                                referred to in subparagraph (A).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2013 through 2018.
    (h) Repeal; Conforming Amendments.--
            (1) Repeal.--Section 803C of the Native American Programs 
        Act of 1974 (42 U.S.C. 2991b-3) is repealed.
            (2) Conforming amendments.--Section 816 of the Native 
        American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
                    (A) in subsection (a), by striking ``sections 
                803(d), 803A, 803C, 804, subsection (e) of this 
                section'' and inserting ``sections 803(d), 803A, and 
                804, subsection (d)'';
                    (B) in subsection (b), by striking ``other than 
                sections 803(d), 803A, 803C, 804, subsection (e) of 
                this section'' and inserting ``sections 803(d), 803A, 
                and 804, subsection (d)''; and
                    (C) by striking subsection (e).

SEC. 303. IN-SCHOOL FACILITY INNOVATION PROGRAM CONTEST.

    (a) In General.--The Secretary of the Interior shall--
            (1) establish an in-school facility innovation program 
        contest in which institutions of higher education, including a 
        Tribal College or University (as defined in section 316 of the 
        Higher Education Act of 1965 (20 U.S.C. 1059c)), are encouraged 
        to consider solving the problem of how to improve school 
        facilities for tribal schools and schools served by the Bureau 
        of Indian Education for problem-based learning in their 
        coursework and through extracurricular opportunities; and
            (2) establish an advisory group for the contest described 
        in paragraph (1) that shall include students enrolled at a 
        Tribal College or University, a representative from the Bureau 
        of Indian Education, and engineering and fiscal advisors.
    (b) Submission of Finalists to the Indian Affairs Committee.--The 
Secretary of the Interior shall submit the finalists to the Committee 
on Indian Affairs of the Senate.
    (c) Winners.--The Secretary of the Interior shall--
            (1) determine the winners of the program contest conducted 
        under this section; and
            (2) award the winners appropriate recognition and reward.

SEC. 304. RETROCESSION OR REASSUMPTION OF CERTAIN SCHOOL FUNDS.

    Notwithstanding any other provision of law, beginning July 1, 2008, 
any funds (including investments and interest earned, except for 
construction funds) held by a Public Law 100-297 grant or a Public Law 
93-638 contract school shall, upon retrocession to or reassumption by 
the Bureau of Indian Education, remain available to the Bureau for a 
period of 5 years from the date of retrocession or reassumption for the 
benefit of the programs approved for the school on October 1, 1995.

SEC. 305. DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF EDUCATION JOINT 
              OVERSIGHT BOARD.

    (a) In General.--The Secretary of Education and the Secretary of 
the Interior shall jointly establish a Department of the Interior and 
Department of Education Joint Oversight Board, that shall--
            (1) be co-chaired by both Departments; and
            (2) coordinate technical assistance, resource distribution, 
        and capacity building between the 2 departments on the 
        education of and for Native American students.
    (b) Information To Be Shared.--The Joint Oversight Board shall 
facilitate the communication, collaboration, and coordination between 
the 2 departments of education policies, access to and eligibility for 
Federal resources, and budget and school leadership development, and 
other issues, as appropriate.

SEC. 306. TRIBAL SELF-GOVERNANCE FEASIBILITY STUDY.

    (a) Study.--The Secretary of Education shall conduct a study to 
determine the feasibility of entering into self-governance compacts and 
contracts with Indian tribal governments who wish to operate public 
schools that reside within their lands.
    (b) Considerations.--In conducting the study described in 
subsection (a), the Secretary of Education shall consider the 
feasibility of--
            (1) assigning and paying to an Indian tribe all 
        expenditures for the provision of services and related 
        administration funds that the Secretary would otherwise pay to 
        a State educational agency and a local educational agency for 1 
        or more public schools located on the Indian lands of such 
        Indian tribe;
            (2) providing assistance to Indian tribes in developing 
        capacity to administer all programs and services that are 
        currently under the jurisdiction of the State educational 
        agency or local educational agency; and
            (3) authorizing the Secretary to treat an Indian tribe as a 
        State for the purposes of carrying out programs and services 
        funded by the Secretary that are currently under the 
        jurisdiction of the State.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Education shall submit to the Committee on 
Indian Affairs and the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Education and the Workforce 
of the House of Representatives a report that includes--
            (1) the results of the study conducted under subsection 
        (a);
            (2) a summary of any consultation that occurred between the 
        Secretary and Indian tribes in conducting this study;
            (3) projected costs and savings associated with the 
        Department of Education entering into self-governance contracts 
        and compacts with Indian tribes, and any estimated impact on 
        programs and services described in paragraphs (2) and (3) of 
        subsection (b) in relation to probable costs and savings; and
            (4) legislative actions that would be required to authorize 
        the Secretary to enter into self-governance compacts and 
        contracts with Indian tribes to provide such programs and 
        services.
    (d) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian tribe, band, nation, other organized group or community, 
        including any Native village or Regional Corporation or Village 
        Corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act, that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
            (2) Indian lands.--The term ``Indian lands'' has the 
        meaning given that term in section 8013 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7713).

SEC. 307. ESTABLISHMENT OF CENTER FOR INDIGENOUS EXCELLENCE.

    (a) Definitions.--In this section:
            (1) Institution of higher education.--The term 
        ``institution of higher education'' shall have the meaning 
        given such term in section 101 of the Higher Education Act of 
        1965 (20 U.S.C. 1001).
            (2) Native american and native american language.--The 
        terms ``Native American'' and ``Native American language'' 
        shall have the meanings given such terms in section 103 of the 
        Native American Languages Act (25 U.S.C. 2902).
            (3) Native american language nest; native american survival 
        school.--The terms ``Native American language nest'' and 
        ``Native American language survival school'' shall have the 
        meanings given such terms in section 803C(b)(7) of the Native 
        American Programs Act of 1974 (42 U.S.C. 2991b-3).
            (4) Native hawaiian or native american pacific islander 
        native language educational organization.--The term ``Native 
        Hawaiian or Native American Pacific Islander native language 
        educational organization'' shall have the meaning given such 
        term in section 3301 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7011).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (6) STEM.--The term ``STEM'' means a science, technology, 
        engineering, and mathematics program.
            (7) Tribally sanctioned educational authority.--The term 
        ``tribally sanctioned educational authority'' shall have the 
        meaning given such term in section 3301 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7011).
    (b) In General.--There shall be established a Center for Indigenous 
Excellence to--
            (1) support Native American governments, communities, 
        schools, and programs in the development and demonstration of 
        Native American language and culture-based education from the 
        preschool to graduate education levels as appropriate for their 
        distinctive populations, circumstances, visions, and holistic 
        approaches for the benefit of the entire community;
            (2) provide direction to Federal, State, and local 
        government entities relative to Native American language and 
        culture-based education;
            (3) demonstrate nationally and internationally recognized 
        educational best practices through integrated programming in 
        Native American language and culture-based education from the 
        preschool to graduate education levels that benefit the entire 
        specific indigenous group regardless of its geographic 
        dispersal, including--
                    (A) teacher certification;
                    (B) curriculum and materials development;
                    (C) distance education support;
                    (D) research; and
                    (E) holistic approaches;
            (4) serve as an alternative pathway of choice for meeting 
        federally mandated academic assessments, teacher 
        qualifications, and curriculum design for Native American 
        language nests and Native American language survival schools;
            (5) serve as a coordinating entity and depository for 
        federally funded research into Native American language and 
        culture-based education including STEM applications that will 
        address workforce needs of Native American communities;
            (6) provide direction in the development of such schools by 
        giving priority support to programming that follows best 
        practices in Native American language nests and Native American 
        language survival schools;
            (7) provide support in programming through the recognition 
        and funding of demonstration sites to host those seeking to 
        replicate best practices; and
            (8) provide financial support for distinct needs of 
        successful Native American language nests and Native American 
        language survival schools.
    (c) Eligible Entities.--For the purpose of determining the site of 
the Center for Indigenous Excellence, the Secretary shall consider the 
following to be an eligible entity:
            (1) A tribally sanctioned educational authority.
            (2) A Native American language college.
            (3) A Native Hawaiian or Native American Pacific Islander 
        native language and culture-based educational organization.
            (4) An institution of higher education with a commitment to 
        serve Native American communities.
            (5) A local educational agency with a commitment to serve 
        Native American communities.
    (d) Criteria for Selection.--The Secretary shall determine the site 
of the Center for Indigenous Excellence based on--
            (1) a record of excellence, on a national and international 
        level, with regard to Native American language and culture-
        based education;
            (2) a high representation of Native Americans among its 
        personnel;
            (3) a high representation of speakers of 1 or more Native 
        American languages among its personnel; and
            (4) a location in a community with a high representation of 
        Native Americans.
    (e) Establishment of Partnerships and Consortia.--
            (1) In general.--Once established, the Center for 
        Indigenous Excellence may develop partnerships or consortia 
        with other entities throughout the United States with expertise 
        appropriate to the mission of the Center and include such 
        entities in its work.
            (2) Assistance to partners.--The Center shall provide 
        assistance to partners, to the extent practicable, in 
        curriculum development, technology development, teacher and 
        staff training, research, and sustaining Native American 
        language nests, Native American survival schools, and Native 
        American language schools.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 2012 
and such sums as may be necessary for each of the fiscal years 2013 
through 2018.
                                                       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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