II 

113TH CONGRESS 

1ST SESSION S. 1107 

To amend the Elementary and Secondary Education Act of 1965 regarding 

Native Hawaiian education. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2013 

Ms. HIRONO (for herself, Mr. SCHATZ, Ms. MURKOWSKI, and Mr. BEGICH) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 regarding Native Hawaiian education. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native Hawaiian Edu5 cation Act’’. 

6 SEC. 2. FINDINGS. 

7 Section 7202 of the Elementary and Secondary Edu8 cation Act of 1965 (20 U.S.C. 7512) is amended to read 

9 as follows: 


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1 ‘‘SEC. 7202. FINDINGS. 

2 ‘‘Congress finds the following: 

3 ‘‘(1) Native Hawaiians are a distinct and 

4 unique indigenous people with a historical continuity 

5 to the original inhabitants of the Hawaiian archi6 pelago, whose society was organized as a nation and 

7 internationally recognized as a nation by the United 

8 States, the United Kingdom, France, and Japan, as 

9 evidenced by treaties governing friendship, com10 merce, and navigation. 

11 ‘‘(2) The United States has recognized and re12 affirmed that— 

13 ‘‘(A) Native Hawaiians have a cultural, 

14 historic, and land-based link to the indigenous 

15 people who exercised sovereignty over the Ha16 waiian Islands, and that group has never relin17 quished its claims to sovereignty or its sov18 ereign lands; 

19 ‘‘(B) the United States furnishes services 

20 to Native Hawaiians because of their unique 

21 status as the indigenous people of a once sov22 ereign nation with whom the United States has 

23 established a trust relationship; 

24 ‘‘(C) Congress has also delegated broad 

25 authority to administer a portion of the Federal 

26 trust responsibility to the State of Hawaii; 


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1 ‘‘(D) the political status of Native Hawai2 ians is comparable to that of American Indians 

3 and Alaska Natives; and 

4 ‘‘(E) the aboriginal, indigenous people of 

5 the United States have— 

6 ‘‘(i) a continuing right to autonomy in 

7 their internal affairs; and 

8 ‘‘(ii) an ongoing right of self-deter9 mination and self-governance that has 

10 never been extinguished. 

11 ‘‘(3) The political relationship between the 

12 United States and the Native Hawaiian people has 

13 been recognized and reaffirmed by the United 

14 States, as evidenced by the inclusion of Native Ha15 waiians in— 

16 ‘‘(A) the Native American Programs Act of 

17 1974 (42 U.S.C. 2991 et seq.); 

18 ‘‘(B) Public Law 95–341 (commonly 

19 known as the ‘American Indian Religious Free20 dom Act’ (42 U.S.C. 1996)); 

21 ‘‘(C) the National Museum of the Amer22 ican Indian Act (20 U.S.C. 80q et seq.); 

23 ‘‘(D) the Native American Graves Protec24 tion and Repatriation Act (25 U.S.C. 3001 et 

25 seq.); 


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1 ‘‘(E) the National Historic Preservation 

2 Act (16 U.S.C. 470 et seq.); 

3 ‘‘(F) the Native American Languages Act 

4 (25 U.S.C. 2901 et seq.); 

5 ‘‘(G) the American Indian, Alaska Native, 

6 and Native Hawaiian Culture and Art Develop7 ment Act (20 U.S.C. 4401 et seq.); 

8 ‘‘(H) the Workforce Investment Act of 

9 1998 (29 U.S.C. 2801 et seq.); and 

10 ‘‘(I) the Older Americans Act of 1965 (42 

11 U.S.C. 3001 et seq.). 

12 ‘‘(4) In 1993, 2005, and 2009, the Kameha13 meha Schools Bishop Estate released the findings of 

14 the Native Hawaiian Educational Assessment 

15 Project, which found that despite the successes of 

16 the programs established under title IV of the Au17 gustus F. Hawkins-Robert T. Stafford Elementary 

18 and Secondary School Improvement Amendments of 

19 1988, many of the same educational needs still ex20 isted for Native Hawaiians. Subsequent reports by 

21 the Kamehameha Schools Bishop Estate and other 

22 organizations have generally confirmed those find23 ings. For example— 

24 ‘‘(A) Native Hawaiian students continue to 

25 begin their school experience lagging behind 


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1 other students in terms of readiness factors 

2 such as vocabulary test scores; 

3 ‘‘(B) Native Hawaiian students continue to 

4 score below national norms on standardized 

5 education achievement tests at all grade levels; 

6 ‘‘(C) both public and private schools con7 tinue to show a pattern of lower percentages of 

8 Native Hawaiian students in the uppermost 

9 achievement levels and in gifted and talented 

10 programs; 

11 ‘‘(D) Native Hawaiian students continue to 

12 be overrepresented among students qualifying 

13 for special education programs provided to stu14 dents with learning disabilities, mild mental re15 tardation, emotional impairment, and other 

16 such disabilities; 

17 ‘‘(E) Native Hawaiians continue to be 

18 underrepresented in institutions of higher edu19 cation and among adults who have completed 

20 four or more years of college; and 

21 ‘‘(F) Native Hawaiians continue to be dis22 proportionately represented in many negative 

23 social and physical statistics indicative of spe24 cial educational needs. 


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1 ‘‘(5) The number of Native Hawaiian students 

2 served by the State of Hawaii Department of Edu3 cation has risen from 20 percent in 1980 to 26 per4 cent in 2008, and there are, and will continue to be, 

5 geographically rural, isolated areas with a high Na6 tive Hawaiian population density. 

7 ‘‘(6) Despite the consequences of more than 

8 100 years of nonindigenous influence, the Native 

9 Hawaiian people are determined to preserve, de10 velop, and transmit to future generations their an11 cestral territory and their cultural identity, in ac12 cordance with their own spiritual and traditional be13 liefs, customs, practices, language, and social institu14 tions. 

15 ‘‘(7) The State of Hawaii, in the constitution 

16 and statutes of the State of Hawaii— 

17 ‘‘(A) reaffirms and protects the unique 

18 right of the Native Hawaiian people to practice 

19 and perpetuate their culture and religious cus20 toms, beliefs, practices, and language; 

21 ‘‘(B) recognizes the traditional language of 

22 the Native Hawaiian people as an official lan23 guage of the State of Hawaii, which may be 

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1 jects and grades in the public school system; 

2 and 

3 ‘‘(C) promotes the study of the Hawaiian 

4 culture, language, and history by providing a 

5 Hawaiian education program and using commu6 nity expertise as a suitable and essential means 

7 to further the program.’’. 

8 SEC. 3. PURPOSES. 

9 Section 7203 of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 7513) is amended to read 

11 as follows: 

12 ‘‘SEC. 7203. PURPOSES. 

13 ‘‘The purposes of this part are— 

14 ‘‘(1) to authorize, develop, implement, assess, 

15 and evaluate innovative educational programs, Na16 tive Hawaiian language medium programs, Native 

17 Hawaiian culture-based education programs, and 

18 other education programs to improve the academic 

19 achievement of Native Hawaiian students by meet20 ing their unique cultural and language needs in 

21 order to help such students meet challenging State 

22 student academic achievement standards; 

23 ‘‘(2) to provide guidance to appropriate Fed24 eral, State, and local agencies to more effectively 

25 and efficiently focus resources, including resources 


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1 made available under this part, on the development 

2 and implementation of— 

3 ‘‘(A) innovative educational programs for 

4 Native Hawaiians; 

5 ‘‘(B) rigorous and substantive Native Ha6 waiian language programs; and 

7 ‘‘(C) Native Hawaiian culture-based edu8 cational programs; and 

9 ‘‘(3) to create a system by which information 

10 from programs funded under this part will be col11 lected, analyzed, evaluated, reported, and used in de12 cisionmaking activities regarding the types of grants 

13 awarded under this part.’’. 

14 SEC. 4. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT. 

15 Section 7204 of the Elementary and Secondary Edu16 cation Act of 1965 (20 U.S.C. 7514) is amended to read 

17 as follows: 

18 ‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL 

19 GRANT. 

20 ‘‘(a) GRANT AUTHORIZED.—In order to better effec21 tuate the purposes of this part through the coordination 

22 of educational and related services and programs available 

23 to Native Hawaiians, including those programs that re24 ceive funding under this part, the Secretary shall award 


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1 a grant to an education council, as described under sub2 section (b). 

3 ‘‘(b) EDUCATION COUNCIL.— 

4 ‘‘(1) ELIGIBILITY.—To be eligible to receive the 

5 grant under subsection (a), the council shall be an 

6 education council (referred to in this section as the 

7 ‘Education Council’) that meets the requirements of 

8 this subsection. 

9 ‘‘(2) COMPOSITION.—The Education Council 

10 shall consist of 15 members of whom— 

11 ‘‘(A) 1 shall be the President of the Uni12 versity of Hawaii (or a designee); 

13 ‘‘(B) 1 shall be the Governor of the State 

14 of Hawaii (or a designee); 

15 ‘‘(C) 1 shall be the Superintendent of the 

16 State of Hawaii Department of Education (or a 

17 designee); 

18 ‘‘(D) 1 shall be the chairperson of the Of19 fice of Hawaiian Affairs (or a designee); 

20 ‘‘(E) 1 shall be the executive director of 

21 Hawaii’s Charter School Network (or a des22 ignee); 

23 ‘‘(F) 1 shall be the chief executive officer 

24 of the Kamehameha Schools (or a designee); 


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1 ‘‘(G) 1 shall be the Chief Executive Officer 

2 of the Queen Liliuokalani Trust (or a designee); 

3 ‘‘(H) 1 shall be a member, selected by the 

4 other members of the Education Council, who 

5 represents a private grant-making entity; 

6 ‘‘(I) 1 shall be the Mayor of the County of 

7 Hawaii (or a designee); 

8 ‘‘(J) 1 shall be the Mayor of Maui County 

9 (or a designee from the Island of Maui); 

10 ‘‘(K) 1 shall be the Mayor of the County 

11 of Kauai (or a designee); 

12 ‘‘(L) 1 shall be appointed by the Mayor of 

13 Maui County from the Island of either Molokai 

14 or Lanai; 

15 ‘‘(M) 1 shall be the Mayor of the City and 

16 County of Honolulu (or a designee); 

17 ‘‘(N) 1 shall be the chairperson of the Ha18 waiian Homes Commission (or a designee); and 

19 ‘‘(O) 1 shall be the chairperson of the Ha20 waii Workforce Development Council (or a des21 ignee representing the private sector). 

22 ‘‘(3) REQUIREMENTS.—Any designee serving on 

23 the Education Council shall demonstrate, as deter24 mined by the individual who appointed such designee 

25 with input from the Native Hawaiian community, 


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1 not less than 5 years of experience as a consumer 

2 or provider of Native Hawaiian education or cultural 

3 activities, with traditional cultural experience given 

4 due consideration. 

5 ‘‘(4) LIMITATION.—A member (including a des6 ignee), while serving on the Education Council, shall 

7 not be a recipient of grant funds that are awarded 

8 under this part. 

9 ‘‘(5) TERM OF MEMBERS.—A member who is a 

10 designee shall serve for a term of not more than 4 

11 years. 

12 ‘‘(6) CHAIR, VICE CHAIR.— 

13 ‘‘(A) SELECTION.—The Education Council 

14 shall select a Chair and a Vice Chair from 

15 among the members of the Education Council. 

16 ‘‘(B) TERM LIMITS.—The Chair and Vice 

17 Chair shall each serve for a 2-year term. 

18 ‘‘(7) ADMINISTRATIVE PROVISIONS RELATING

19 TO EDUCATION COUNCIL.—The Education Council 

20 shall meet at the call of the Chair of the Council, 

21 or upon request by a majority of the members of the 

22 Education Council, but in any event not less often 

23 than every 120 days. 

24 ‘‘(8) NO COMPENSATION.—None of the funds 

25 made available through the grant may be used to 


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1 provide compensation to any member of the Edu2 cation Council or member of a working group estab3 lished by the Education Council, for functions de4 scribed in this section. 

5 ‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI6 TIES.—The Education Council shall use funds made avail7 able through the grant to carry out each of the following 

8 activities: 

9 ‘‘(1) Providing advice about the coordination, 

10 and serving as a clearinghouse for, the educational 

11 and related services and programs available to Na12 tive Hawaiians, including the programs assisted 

13 under this part. 

14 ‘‘(2) Assessing the extent to which such services 

15 and programs meet the needs of Native Hawaiians, 

16 and collecting data on the status of Native Hawaiian 

17 education. 

18 ‘‘(3) Providing direction and guidance, through 

19 the issuance of reports and recommendations, to ap20 propriate Federal, State, and local agencies in order 

21 to focus and improve the use of resources, including 

22 resources made available under this part, relating to 

23 Native Hawaiian education, and serving, where ap24 propriate, in an advisory capacity. 


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1 ‘‘(4) Awarding grants, if such grants enable the 

2 Education Council to carry out the activities de3 scribed in paragraphs (1) through (3). 

4 ‘‘(5) Hiring an executive director who shall as5 sist in executing the duties and powers of the Edu6 cation Council, as described in subsection (d). 

7 ‘‘(d) USE OF FUNDS FOR TECHNICAL ASSIST8 ANCE.—The Education Council shall use funds made 

9 available through the grant to— 

10 ‘‘(1) provide technical assistance to Native Ha11 waiian organizations that are grantees or potential 

12 grantees under this part; 

13 ‘‘(2) obtain from such grantees information and 

14 data regarding grants awarded under this part, in15 cluding information and data about— 

16 ‘‘(A) the effectiveness of such grantees in 

17 meeting the educational priorities established by 

18 the Education Council, as described in para19 graph (6)(D), using metrics related to these 

20 priorities; and 

21 ‘‘(B) the effectiveness of such grantees in 

22 carrying out any of the activities described in 

23 section 7205(c) that are related to the specific 

24 goals and purposes of each grantee’s grant 

25 project, using metrics related to these priorities; 


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1 ‘‘(3) assess and define the educational needs of 

2 Native Hawaiians; 

3 ‘‘(4) assess the programs and services available 

4 to address the educational needs of Native Hawai5 ians; 

6 ‘‘(5) assess and evaluate the individual and ag7 gregate impact achieved by grantees under this part 

8 in improving Native Hawaiian educational perform9 ance and meeting the goals of this part, using 

10 metrics related to these goals; and 

11 ‘‘(6) prepare and submit to the Secretary, at 

12 the end of each calendar year, an annual report that 

13 contains— 

14 ‘‘(A) a description of the activities of the 

15 Education Council during the calendar year; 

16 ‘‘(B) a description of significant barriers to 

17 achieving the goals of this part; 

18 ‘‘(C) a summary of each community con19 sultation session described in subsection (e); 

20 and 

21 ‘‘(D) recommendations to establish prior22 ities for funding under this part, based on an 

23 assessment of— 

24 ‘‘(i) the educational needs of Native 

25 Hawaiians; 


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1 ‘‘(ii) programs and services available 

2 to address such needs; 

3 ‘‘(iii) the effectiveness of programs in 

4 improving the educational performance of 

5 Native Hawaiian students to help such stu6 dents meet challenging State student aca7 demic achievement standards; and 

8 ‘‘(iv) priorities for funding in specific 

9 geographic communities. 

10 ‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA11 TIONS.—The Education Council shall use funds made 

12 available though the grant under subsection (a) to hold 

13 not less than 1 community consultation each year on each 

14 of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 

15 Kauai, at which— 

16 ‘‘(1) not less than 3 members of the Education 

17 Council shall be in attendance; 

18 ‘‘(2) the Education Council shall gather com19 munity input regarding— 

20 ‘‘(A) current grantees under this part, as 

21 of the date of the consultation; 

22 ‘‘(B) priorities and needs of Native Hawai23 ians; and 

24 ‘‘(C) other Native Hawaiian education 

25 issues; and 


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1 ‘‘(3) the Education Council shall report to the 

2 community on the outcomes of the activities sup3 ported by grants awarded under this part. 

4 ‘‘(f) FUNDING.—For each fiscal year, the Secretary 

5 shall use the amount described in section 7206(d)(2), to 

6 make a payment under the grant. Funds made available 

7 through the grant shall remain available until expended. 

8 ‘‘(g) REPORT.—Beginning not later than 2 years 

9 after the date of enactment of the Native Hawaiian Edu10 cation Act, and for each subsequent year, the Secretary 

11 shall prepare and submit to the Committee on Education 

12 and the Workforce of the House of Representatives, and 

13 the Committee on Indian Affairs and the Committee on 

14 Health, Education, Labor, and Pensions of the Senate, a 

15 report that— 

16 ‘‘(1) summarizes the annual reports of the Edu17 cation Council; 

18 ‘‘(2) describes the allocation and use of funds 

19 under this part and the information gathered since 

20 the first annual report submitted by the Education 

21 Council to the Secretary under this section; and 

22 ‘‘(3) contains recommendations for changes in 

23 Federal, State, and local policy to advance the pur24 poses of this part.’’. 


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1 SEC. 5. GRANT PROGRAM AUTHORIZED. 

2 Section 7205 of the Elementary and Secondary Edu3 cation Act of 1965 (20 U.S.C. 7515 et seq.) is amended 

4 to read as follows: 

5 ‘‘SEC. 7205. GRANT PROGRAM AUTHORIZED. 

6 ‘‘(a) GRANTS AND CONTRACTS.—In order to carry 

7 out programs that meet the purposes of this part, the Sec8 retary is authorized to award grants to, or enter into con9 tracts with— 

10 ‘‘(1) Native Hawaiian educational organiza11 tions; 

12 ‘‘(2) Native Hawaiian community-based organi13 zations; 

14 ‘‘(3) public and private nonprofit organizations, 

15 agencies, and institutions with experience in devel16 oping or operating Native Hawaiian education and 

17 workforce development programs or programs of in18 struction in the Native Hawaiian language; 

19 ‘‘(4) charter schools; and 

20 ‘‘(5) consortia of the organizations, agencies, 

21 and institutions described in paragraphs (1) through 

22 (4). 

23 ‘‘(b) PRIORITY.—In awarding grants and entering 

24 into contracts under this part, the Secretary shall give pri25 ority to— 


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1 ‘‘(1) programs that meet the educational pri2 ority recommendations of the Education Council, as 

3 described under section 7204(d)(6)(E); 

4 ‘‘(2) the repair and renovation of public schools 

5 that serve high concentrations of Native Hawaiian 

6 students; 

7 ‘‘(3) programs designed to improve the aca8 demic achievement of Native Hawaiian students by 

9 meeting their unique cultural and language needs in 

10 order to help such students meet challenging State 

11 student academic achievement standards, including 

12 activities relating to— 

13 ‘‘(A) achieving competence in reading, lit14 eracy, mathematics, and science for students in 

15 preschool through grade 3; 

16 ‘‘(B) the educational needs of at-risk chil17 dren and youth; 

18 ‘‘(C) professional development for teachers 

19 and administrators; 

20 ‘‘(D) the use of Native Hawaiian language 

21 and preservation or reclamation of Native Ha22 waiian culture-based educational practices; 

23 ‘‘(E) preparation for employment in fields 

24 in which Native Hawaiians are underemployed 

25 or underrepresented; and 


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1 ‘‘(F) other programs relating to the activi2 ties described in this part; and 

3 ‘‘(4) programs in which a State educational 

4 agency, local educational agency, institution of high5 er education, or a State educational agency or local 

6 educational agency in partnership with an institution 

7 of higher education apply for a grant or contract 

8 under this part as part of a partnership or consor9 tium. 

10 ‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 

11 through programs carried out under this part may in12 clude— 

13 ‘‘(1) the development and maintenance of a 

14 statewide Native Hawaiian early education and care 

15 system to provide a continuum of high-quality early 

16 learning services for Native Hawaiian children from 

17 the prenatal period through the age of kindergarten 

18 entry; 

19 ‘‘(2) the operation of family-based education 

20 centers that provide such services as— 

21 ‘‘(A) programs for Native Hawaiian par22 ents and infants from the prenatal period 

23 through age 3; 

24 ‘‘(B) early care and education programs 

25 for Native Hawaiians; and 


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1 ‘‘(C) research on, and development and as2 sessment of, family-based, early childhood, and 

3 preschool programs for Native Hawaiians; 

4 ‘‘(3) activities that enhance beginning reading 

5 and literacy in either the Hawaiian or the English 

6 language among Native Hawaiian students in kin7 dergarten through grade 3 and assistance in ad8 dressing the distinct features of combined English 

9 and Hawaiian literacy for Hawaiian speakers in 

10 grades 5 and 6; 

11 ‘‘(4) activities to meet the special needs of Na12 tive Hawaiian students with disabilities, including— 

13 ‘‘(A) the identification of such students 

14 and their needs; 

15 ‘‘(B) the provision of support services to 

16 the families of such students; and 

17 ‘‘(C) other activities consistent with the re18 quirements of the Individuals with Disabilities 

19 Education Act; 

20 ‘‘(5) activities that address the special needs of 

21 Native Hawaiian students who are gifted and tal22 ented, including— 

23 ‘‘(A) educational, psychological, and devel24 opmental activities designed to assist in the 

25 educational progress of such students; and 


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1 ‘‘(B) activities that involve the parents of 

2 such students in a manner designed to assist in 

3 the educational progress of such students; 

4 ‘‘(6) the development of academic and voca5 tional curricula to address the needs of Native Ha6 waiian children and adults, including curricula mate7 rials in the Hawaiian language and mathematics and 

8 science curricula that incorporate Native Hawaiian 

9 tradition and culture; 

10 ‘‘(7) professional development activities for edu11 cators, including— 

12 ‘‘(A) the development of programs to pre13 pare prospective teachers to address the unique 

14 needs of Native Hawaiian students within the 

15 context of Native Hawaiian culture, language, 

16 and traditions; 

17 ‘‘(B) in-service programs to improve the 

18 ability of teachers who teach in schools with 

19 high concentrations of Native Hawaiian stu20 dents to meet the unique needs of such stu21 dents; and 

22 ‘‘(C) the recruitment and preparation of 

23 Native Hawaiians, and other individuals who 

24 live in communities with a high concentration of 

25 Native Hawaiians, to become teachers; 


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1 ‘‘(8) the operation of community-based learning 

2 centers that address the needs of Native Hawaiian 

3 families and communities through the coordination 

4 of public and private programs and services, includ5 ing— 

6 ‘‘(A) early care and education programs; 

7 ‘‘(B) before- and after-school programs 

8 and weekend academies; 

9 ‘‘(C) career and technical and adult edu10 cation programs; and 

11 ‘‘(D) programs that recognize and support 

12 the unique cultural and educational needs of 

13 Native Hawaiian children, and incorporate ap14 propriately qualified Native Hawaiian elders 

15 and seniors; 

16 ‘‘(9) activities, including program co-location, to 

17 enable Native Hawaiians to enter and complete pro18 grams of postsecondary education, including— 

19 ‘‘(A) subject to subsection (f), the provi20 sion of full or partial scholarships for under21 graduate or graduate study that are awarded to 

22 students based on their academic promise and 

23 financial need, with a priority, at the graduate 

24 level, given to students entering professions in 

25 which Native Hawaiians are underrepresented; 


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1 ‘‘(B) family literacy services; 

2 ‘‘(C) counseling and support services for 

3 students receiving scholarship assistance; 

4 ‘‘(D) counseling and guidance for Native 

5 Hawaiian secondary school students who have 

6 the potential to receive scholarships; 

7 ‘‘(E) assistance with completing the college 

8 admissions and financial aid application proc9 esses; and 

10 ‘‘(F) faculty development activities de11 signed to promote the matriculation of Native 

12 Hawaiian students; 

13 ‘‘(10) research and data collection activities to 

14 determine the educational status and needs of Na15 tive Hawaiian children and adults; 

16 ‘‘(11) other research and evaluation activities 

17 related to programs carried out under this part; and 

18 ‘‘(12) other activities, consistent with the pur19 poses of this part, to meet the educational needs of 

20 Native Hawaiian children and adults. 

21 ‘‘(d) ADDITIONAL ACTIVITIES.—Notwithstanding 

22 any other provision of this part, funds made available to 

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1 main available until expended. The Secretary shall use 

2 such funds to support the following: 

3 ‘‘(1) The development of a body of Native Ha4 waiian law. 

5 ‘‘(2) The repair and renovation of public 

6 schools that serve high concentrations of Native Ha7 waiian students. 

8 ‘‘(3) The perpetuation of, and expansion of ac9 cess to, Hawaiian culture and history through digital 

10 archives. 

11 ‘‘(4) Informal education programs that connect 

12 traditional Hawaiian knowledge, science, astronomy, 

13 and the environment through State museums or 

14 learning centers. 

15 ‘‘(5) Public charter schools serving high con16 centrations of Native Hawaiian students. 

17 ‘‘(e) ADMINISTRATIVE COSTS.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), not more than 5 percent of funds pro20 vided to a recipient of a grant or contract under this 

21 section for any fiscal year may be used for adminis22 trative purposes. 

23 ‘‘(2) EXCEPTION.—The Secretary may waive 

24 the requirement of paragraph (1) for a nonprofit en25 tity that receives funding under this section and 


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1 allow not more than 10 percent of funds provided to 

2 such nonprofit entity under this section for any fis3 cal year to be used for administrative purposes. 

4 ‘‘(f) SCHOLARSHIP RULE AND CONDITIONS.— 

5 ‘‘(1) INSTITUTIONS OUTSIDE HAWAII.—The 

6 Secretary shall not establish a policy under this sec7 tion that prevents a Native Hawaiian student en8 rolled at a 2- or 4-year degree-granting institution 

9 of higher education outside of the State of Hawaii 

10 from receiving a scholarship pursuant to subsection 

11 (c)(9)(A). 

12 ‘‘(2) SCHOLARSHIP CONDITIONS.—The Sec13 retary shall establish conditions for receipt of a 

14 scholarship awarded under subsection (c)(9)(A). The 

15 conditions shall require that an individual seeking 

16 such a scholarship enter into a contract to provide 

17 professional services to the Native Hawaiian commu18 nity, either during the scholarship period or upon 

19 completion of a program of postsecondary edu20 cation.’’. 

21 SEC. 6. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF 

22 APPROPRIATIONS. 

23 Section 7206 of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 7516) is amended to read 

25 as follows: 


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1 ‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS. 

2 ‘‘(a) APPLICATION REQUIRED.—No grant may be 

3 made under this part, and no contract may be entered into 

4 under this part, unless the entity seeking the grant or con5 tract submits an application to the Secretary at such time, 

6 in such manner, and containing such information as the 

7 Secretary may determine to be necessary to carry out the 

8 provisions of this part. 

9 ‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary 

10 shall provide a copy of all direct grant applications to the 

11 Education Council. 

12 ‘‘(c) SUPPLEMENT NOT SUPPLANT.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), funds made available under this part 

15 shall be used to supplement, and not supplant, any 

16 State or local funds used to achieve the purposes of 

17 this part. 

18 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

19 apply to any nonprofit entity or Native Hawaiian 

20 community-based organization that receives a grant 

21 or other funds under this part. 

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(1) IN GENERAL.—There are authorized to be 

24 appropriated to carry out this section, and sections 

25 7204 and 7205, such sums as may be necessary for 


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1 fiscal year 2014 and each of the 5 succeeding fiscal 

2 years. 

3 ‘‘(2) RESERVATION.—Of the funds appro4 priated under this subsection, the Secretary shall re5 serve, for each fiscal year after the date of enact6 ment of the Native Hawaiian Education Act not less 

7 than $500,000 for the grant to the Education Coun8 cil under section 7204. 

9 ‘‘(3) AVAILABILITY.—Funds appropriated 

10 under this subsection shall remain available until ex11 pended.’’. 

12 SEC. 7. DEFINITIONS. 

13 Section 7207 of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 7517) is amended— 

15 (1) by redesignating paragraphs (1) through 

16 (6) as paragraphs (2) through (7), respectively; and 

17 (2) by inserting before paragraph (2) (as redes18 ignated by paragraph (1)) the following: 

19 ‘‘(1) COMMUNITY CONSULTATION.—The term 

20 ‘community consultation’ means a public gath21 ering— 

22 ‘‘(A) to discuss Native Hawaiian education 

23 concerns; and 


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1 ‘‘(B) about which the public has been given 

2 not less than 30 days notice.’’. 

Æ 


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