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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1519 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1519

        To strengthen Indian education, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 7, 2011

 Mr. Udall of New Mexico (for himself and Mrs. Gillibrand) introduced 
the following bill; which was read twice and referred to the Committee 
                           on Indian Affairs

_______________________________________________________________________

                                 A BILL

 
        To strengthen Indian education, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Building upon Unique Indian Learning 
and Development Act''.

SEC. 2. 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 
        Tribal Colleges and Universities (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. 3. 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. 4. IMPROVE SUPPORT FOR TEACHERS AND ADMINISTRATORS OF NATIVE 
              AMERICAN STUDENTS.

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

``SEC. 7123. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS AND 
              ADMINISTRATORS OF NATIVE AMERICAN STUDENTS.

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

SEC. 5. NATIVE AMERICAN STUDENT SUPPORT.

    (a) Standards-Based Assessments.--Section 1111(b)(3) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) 
is amended by adding at the end the following:
                    ``(E) Standards-based education assessments.--
                Notwithstanding any other provision of this Act, a 
                State shall develop standards-based education 
                assessments and classroom lessons to accommodate 
                diverse learning styles, which assessments may be used 
                by the State in place of the general assessments 
                described in subparagraph (A).''.
    (b) 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.
    (c) Research.--The Comptroller General of the United States shall 
conduct research on culture- and language-based education to identify 
the factors that improve education and health outcomes.
    (d) Native Language Teaching.--Section 1119 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding 
at the end the following:
    ``(m) Qualifications for Native Language Teachers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the requirements of subsection (a) on local educational 
        agencies and States with respect to highly qualified teachers, 
        shall not apply to a teacher of a Native language.
            ``(2) Alternative licensure or certification.--Each State 
        educational agency receiving assistance under this part shall 
        develop an alternative licensure or certification for teachers 
        of a Native language.''.
    (e) Grant Program To Ensure the Survival and Continuing Vitality of 
Native American Languages.--
            (1) Definitions.--In this subsection:
                    (A) Director.--The term ``Director'' means the 
                Director of the Bureau of Indian Education.
                    (B) 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)).
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior, acting through the Director.
            (2) 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.
            (3) Use of amounts.--
                    (A) In general.--An eligible entity may use amounts 
                received under this subsection to carry out activities 
                that ensure the survival and continuing vitality of 
                Native American languages, including--
                            (i) 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;
                            (ii) 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;
                            (iii) the development, printing, and 
                        dissemination of materials to be used for the 
                        teaching and enhancement of a Native American 
                        language;
                            (iv) 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;
                            (v) the compilation, transcription, and 
                        analysis of oral testimony to record and 
                        preserve a Native American language;
                            (vi) the purchase of equipment, including 
                        audio and video recording equipment, computers, 
                        and software, required to carry out a Native 
                        American language project; and
                            (vii)(I) the establishment of Native 
                        American language nests, which are site-based 
                        educational programs that--
                                    (aa) 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;
                                    (bb) 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
                                    (cc) 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--
                                    (aa) 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;
                                    (bb) develop instructional courses 
                                and materials for learning Native 
                                American languages and for instruction 
                                through the use of Native American 
                                languages;
                                    (cc) provide for teacher training;
                                    (dd) 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
                                    (ee) 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--
                                    (aa) operate at least 1 Native 
                                American language program for the 
                                community which the educational program 
                                serves;
                                    (bb) provide training programs for 
                                teachers of Native American languages;
                                    (cc) develop instructional 
                                materials for the Native American 
                                language restoration programs;
                                    (dd) work toward a goal of 
                                increasing proficiency and fluency in 
                                at least 1 Native American language; 
                                and
                                    (ee) provide instruction in at 
                                least 1 Native American language.
                    (B) Native american language restoration 
                programs.--An eligible entity carrying out a program 
                described in subparagraph (A)(vii)(III) may use amounts 
                made available under this section to carry out--
                            (i) 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 institutions of higher 
                                education with expertise in the 
                                relevant Native language, particularly 
                                Tribal Colleges and Universities (as 
                                defined in section 316 of the Higher 
                                Education Act of 1965 (20 U.S.C. 
                                1059c));
                                    (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;
                            (ii) 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;
                                    (III) training programs for 
                                teachers in the use of Native American 
                                language materials, tools, and 
                                interactive media to teach Native 
                                American language; and
                            (iii) the development of Native American 
                        language materials, including books, audio and 
                        visual tools, and interactive media programs.
            (4) Applications.--
                    (A) In general.--Subject to subparagraph (B), in 
                awarding a grant under this subsection, 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.
                    (B) Requirements.--An application under 
                subparagraph (A) shall include, at a minimum--
                            (i) 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;
                            (ii) a detailed description of the project 
                        for which the grant is requested;
                            (iii) a statement that the objectives of 
                        the project are in accordance with the purposes 
                        of this subsection;
                            (iv) a detailed description of the plan of 
                        the applicant to evaluate the project;
                            (v) if appropriate, an identification of 
                        opportunities for the replication or 
                        modification of the project for use by other 
                        Native Americans;
                            (vi) 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
                            (vii) in the case of an application for a 
                        grant to carry out any purpose specified in 
                        paragraph (3)(A)(vii)(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.
                    (C) 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.
            (5) Limitations on funding.--
                    (A) Federal share.--The Federal share of the total 
                cost of a program under this subsection shall not 
                exceed 80 percent.
                    (B) Non-federal share.--
                            (i) In general.--The non-Federal share of 
                        the cost of a program under this subsection may 
                        be provided in cash or fairly evaluated in-kind 
                        contributions, including facilities, equipment, 
                        or services.
                            (ii) 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--
                                            (aa) by the Federal 
                                        Government pursuant to the 
                                        satisfaction of a claim made 
                                        under Federal law;
                                            (bb) from amounts collected 
                                        and administered by the Federal 
                                        Government on behalf of an 
                                        Indian tribe or the members of 
                                        an Indian tribe; or
                                            (cc) 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.

                    (C) Duration.--
                            (i) In general.--Subject to clause (ii), 
                        the Secretary may make grants made under this 
                        subsection on a 1-year, 2-year, or 3-year 
                        basis.
                            (ii) Native american language restoration 
                        program.--The Secretary shall only make a grant 
                        available under paragraph (3)(A)(vii)(III) on a 
                        3-year basis.
            (6) Administration.--
                    (A) In general.--The Secretary shall carry out this 
                section through the Bureau of Indian Education.
                    (B) Expert panel.--
                            (i) In general.--Not later than 180 days 
                        after date of enactment of this subsection, the 
                        Secretary shall appoint a panel of experts for 
                        the purpose of assisting the Secretary to 
                        review--
                                    (I) applications submitted under 
                                paragraph (4);
                                    (II) evaluations carried out to 
                                comply with paragraph (4)(B)(iii); and
                                    (III) the preservation of products 
                                required by paragraph (4)(B)(vi).
                            (ii) Composition.--
                                    (I) In general.--The panel shall 
                                include--
                                            (aa) a designee of the 
                                        Institute of American Indian 
                                        and Alaska Native Culture and 
                                        Arts Development;
                                            (bb) representatives of 
                                        national, tribal, and regional 
                                        organizations that focus on 
                                        Native American language or 
                                        Native American cultural 
                                        research, development, or 
                                        training; and
                                            (cc) 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.
                            (iii) 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 subsection;
                                    (II) reviewing applications 
                                received under paragraph (4);
                                    (III) providing to the Secretary a 
                                list of recommendations for the 
                                approval of applications in accordance 
                                with--
                                            (aa) regulations issued by 
                                        the Secretary; and
                                            (bb) the relative need for 
                                        the project; and
                                    (IV) reviewing evaluations 
                                submitted to comply with paragraph 
                                (4)(B)(iii).
                    (C) Products generated by projects.--
                            (i) In general.--Subject to clause (ii), 
                        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 subsection--
                                    (I) shall be transmitted--
                                            (aa) to the Institute of 
                                        American Indian and Alaska 
                                        Native Culture and Arts 
                                        Development; and
                                            (bb) to the Tribal Colleges 
                                        or Universities where the 
                                        language addressed in the grant 
                                        program is inherent; and
                                    (II) may be transmitted, at the 
                                discretion of the grantee, to national 
                                and regional repositories of similar 
                                material.
                            (ii) 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 subclause (II), an Indian 
                                tribe may make a determination--
                                            (aa) not to transmit a copy 
                                        of a product under clause (i);
                                            (bb) not to permit the 
                                        redistribution of a copy of a 
                                        product transmitted under 
                                        clause (i); or
                                            (cc) to restrict in any 
                                        manner the use or 
                                        redistribution of a copy of a 
                                        product transmitted under 
                                        clause (i).
                                    (II) Restrictions.--Subclause (I) 
                                does not authorize an Indian tribe--
                                            (aa) to limit the access of 
                                        the Secretary to a product 
                                        described in clause (i) for 
                                        purposes of administering this 
                                        subsection or evaluating the 
                                        product; or
                                            (bb) to sell a product 
                                        described in clause (i), or a 
                                        copy of that product, for 
                                        profit to the entities referred 
                                        to in clause (i).
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection such sums as 
        are necessary for each of fiscal years 2013 through 2018.
    (f) Conforming Amendments.--
            (1) In general.--Section 803C of the Native American 
        Programs Act of 1974 (42 U.S.C. 2991b-3) is repealed.
            (2) Authorization of appropriations.--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. 6. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, SCHOOLS 
              SERVED BY THE BUREAU OF INDIAN EDUCATION, AND NATIVE 
              AMERICAN STUDENTS.

    (a) Reservation for Bureau-Funded Schools and Programs and Schools 
Operated by a Tribe or Tribal Organization.--
            (1) In general.--The Secretary of Education shall ensure 
        that any program administered by the Department of Education 
        that awards grants, contracts, or other assistance to benefit 
        elementary schools and secondary schools (as such terms are 
        defined in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801)) or prekindergarten or 
        early childhood programs, provides a reservation, as described 
        in this subsection, for 1 or more of the following categories 
        of entities, as determined appropriate by the Secretary of 
        Education for each such grant, contract, or assistance program:
                    (A) Bureau-funded schools (as defined in section 
                1141 of the Education Amendments of 1978 (25 U.S.C. 
                2021)).
                    (B) Prekindergarten programs or early childhood 
                programs or services operated by a tribe or Indian 
                organization (as defined in such section).
                    (C) Elementary schools or secondary schools 
                operated by a tribe or Indian organization (as defined 
                in such section).
            (2) Amount of reservation.--
                    (A) Existing reservation of funds.--In the case of 
                a grant, contract, or assistance program provided by 
                the Department of Education to benefit elementary 
                schools and secondary schools (as such terms are 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)) or 
                prekindergarten or early childhood programs for which 
                funds are reserved for entities described in paragraph 
                (1), or for a group that may include such entities--
                            (i) if the existing reservation of funds is 
                        for an amount that is less than 0.5 percent, 
                        the amount of such reservation shall be 
                        increased to 0.5 percent; and
                            (ii) if the existing reservation of funds 
                        is for an amount that is equal to or greater 
                        than 0.5 percent, the amount of such 
                        reservation shall be maintained.
                    (B) No existing reservation of funds.--In the case 
                of a grant, contract, or assistance program provided by 
                the Department of Education to benefit elementary 
                schools and secondary schools (as such terms are 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801)) or 
                prekindergarten or early childhood programs for which 
                no funds are reserved for the entities described in 
                paragraph (1), the Secretary of Education shall reserve 
                0.5 percent of such funds for such entities, as 
                determined by the Secretary of Education in accordance 
                with paragraph (1).
            (3) Use of reserved funds.--Funds reserved under this 
        section shall be used in accordance with the uses of funds 
        described for each particular grant, contract, or assistance 
        program. In addition to program support, such reserved funds 
        may be used, in an amount determined by the Secretary of 
        Education, for technical assistance or capacity building to 
        ensure that the schools or programs described in paragraph (1) 
        are provided the assistance to compete for such grants, 
        contracts, or other assistance.
            (4) Effect on other laws.--The Secretary of Education shall 
        carry out this subsection notwithstanding any other provision 
        of law.
    (b) Safe and Healthy Schools for Native American Students.--Subpart 
2 of part A of title IV of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the 
following:

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

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

SEC. 7. FUNDS FOR IMPACT AID.

    In addition to amounts otherwise appropriated to carry out title 
VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
7701 et seq.), there are authorized to be appropriated, and there are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, to carry out such title VIII the following:
            (1) $750,000,000 for fiscal year 2012.
            (2) $750,000,000 for fiscal year 2013.
            (3) $750,000,000 for fiscal year 2014.

SEC. 8. DEFINITION OF TRIBAL SCHOOL.

    (a) ESEA Definition.--Section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end 
the following:
            ``(44) Tribal school.--The term `tribal school' means--
                    ``(A) a school that is a Bureau-funded school, as 
                defined in section 1141 of the Education Amendments of 
                1978 (25 U.S.C. 2021);
                    ``(B) a prekindergarten program, early childhood 
                program or service, or elementary school or secondary 
                school, operated by an Indian tribe or tribal 
                organization (as defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b));
                    ``(C) a school that is located on Indian lands (as 
                defined in section 8013); or
                    ``(D) a school in which a predominance of the 
                students who attend the school are Native American or 
                Alaska Native students, as determined by the 
                Secretary.''.
    (b) Definition for This Act.--In this Act, the term ``tribal 
school'' has the meaning given the term in section 9101 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) (as 
amended by subsection (a)).
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