II

106TH CONGRESS

2D SESSION S. 2688

To amend the Native American Languages Act to provide for the support

of Native American Language Survival Schools, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 7 (legislative day, JUNE 6), 2000

Mr. INOUYE (for himself, Mr. AKAKA, Mr. COCHRAN, Mr. DODD, Mr. KENNEDY, Mrs. MURRAY, and Mr. SCHUMER) introduced the following bill;

which was read twice and referred to the Committee on Indian Affairs

A BILL

To amend the Native American Languages Act to provide

for the support of Native American Language Survival

Schools, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Native American Lan5 guages Act Amendments Act of 2000’’.

6 SEC. 2. PURPOSE.

7 The purposes of this Act are to—

8 (1) encourage and support the development of

9 Native American Language Survival Schools as in-
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1 novative means of addressing the effects of past dis2 crimination against Native American language

3 speakers and to support the revitalization of such

4 languages through education in Native American

5 languages and through instruction in other academic

6 subjects using Native American languages as an in7 structional medium, consistent with United States’

8 policy as expressed in the Native American Lan9 guages Act (25 U.S.C. 2901 et seq.);

10 (2) encourage and support the involvement of

11 families in the educational and cultural survival ef12 forts of Native American Language Survival

13 Schools;

14 (3) encourage communication, cooperation, and

15 educational exchange among Native American Lan16 guage Survival Schools and their administrators;

17 (4) provide support for Native American Lan18 guage Survival School facilities and endowments;

19 (5) provide support for Native American Lan20 guage Nests either as part of Native American Lan21 guage Survival Schools or as separate programs that

22 will be developed into more comprehensive Native

23 American Language Survival Schools;

24 (6) support the development of local and na25 tional models that can be disseminated to the public
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1 and made available to other schools as exemplary

2 methods of teaching Native American students; and

3 (7) develop a support center system for Native

4 American Survival Schools at the university level.

5 SEC. 3. DEFINITIONS.

6 Section 103 of Public Law 101–477 (25 U.S.C.

7 2902) is amended to read as follows:

8 ‘‘DEFINITIONS

9 ‘‘In this Act:

10 ‘‘(1) INDIAN.—The term ‘Indian’ has the mean11 ing given that term in section 9161 of the Elemen12 tary and Secondary Education Act of 1965 (20

13 U.S.C. 7881).

14 ‘‘(2) INDIAN TRIBAL GOVERNMENT.—The term

15 ‘Indian tribal government’ has the meaning given

16 that term in section 502 of Public Law 95–134 (42

17 U.S.C. 4368b).

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

19 has the meaning given that term in section 4 of the

20 Indian Self-Determination and Education Assistance

21 Act (25 U.S.C. 450b).

22 ‘‘(4) INDIAN RESERVATION.—The term ‘Indian

23 reservation’ has the meaning given the term ‘res24 ervation’ in section 3 of the Indian Financing Act of

25 1974 (25 U.S.C. 1452).
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1 ‘‘(5) NATIVE AMERICAN.—The term ‘Native

2 American’ means an Indian, Native Hawaiian, or

3 Native American Pacific Islander.

4 ‘‘(6) NATIVE AMERICAN LANGUAGE.—The term

5 ‘Native American language’ means the historical,

6 traditional languages spoken by Native Americans.

7 ‘‘(7) NATIVE AMERICAN LANGUAGE COLLEGE.—

8 The term ‘Native American Language College’

9 means—

10 ‘‘(A) a tribally-controlled community col11 lege or university (as defined in section 2 of the

12 Tribally-Controlled Community College or Uni13 versity Assistance Act of 1978 (25 U.S.C.

14 1801));

15 ‘‘(B) Ka Haka ‘Ula O Ke’elikolani College;

16 or

17 ‘‘(C) a college applying for a Native Amer18 ican Language Survival School in a Native

19 American language which that college regularly

20 offers as part of its curriculum and which has

21 the support of an Indian tribal government tra22 ditionally affiliated with that Native American

23 language.

24 ‘‘(8) NATIVE AMERICAN LANGUAGE EDU25 CATIONAL ORGANIZATION.—The term ‘Native Amer-
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1 ican Language Educational Organization’ means an

2 organization that—

3 ‘‘(A) is governed by a board consisting of

4 speakers of 1 or more Native American lan5 guages;

6 ‘‘(B) is currently providing instruction

7 through the use of a Native American language

8 for not less than 10 students for at least 700

9 hours of instruction per year; and

10 ‘‘(C) has provided such instruction for at

11 least 10 students annually through a Native

12 American language for at least 700 hours per

13 year for not less than 3 years prior to applying

14 for a grant under this Act.

15 ‘‘(9) NATIVE AMERICAN LANGUAGE NEST.—The

16 term ‘Native American Language Nest’ means a

17 site-based educational program enrolling families

18 with children aged 6 and under which is conducted

19 through a Native American language for not less

20 than 20 hours per week and not less than 35 weeks

21 per year with the specific goal of strengthening, revi22 talizing, or re-establishing a Native American lan23 guage and culture as a living language and culture

24 of daily life.
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1 ‘‘(10) NATIVE AMERICAN LANGUAGE SURVIVAL

2 SCHOOL.—The term ‘Native American Language

3 Survival School’ means a Native American language

4 dominant site-based educational program which ex5 pands from a Native American Language Nest, ei6 ther as a separate entity or inclusive of a Native

7 American Language Nest, to enroll families with

8 children eligible for elementary or secondary edu9 cation and which provides a complete education

10 through a Native American language with the spe11 cific goal of strengthening, revitalizing, or reestab12 lishing a Native American language and culture as

13 a living language and culture of daily life.

14 ‘‘(11) NATIVE AMERICAN PACIFIC ISLANDER.—

15 The term ‘Native American Pacific Islander’ means

16 any descendant of the aboriginal people of any is17 land in the Pacific Ocean that is a territory or pos18 session of the United States.

19 ‘‘(12) NATIVE HAWAIIAN.—The term ‘Native

20 Hawaiian’ has the meaning given that term in sec21 tion 9212 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 7912).

23 ‘‘(13) SECRETARY.—The term ‘Secretary’

24 means the Secretary of the Department of Edu25 cation.
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1 ‘‘(14) TRADITIONAL LEADERS.—The term ‘tra2 ditional leaders’ includes Native Americans who have

3 special expertise in Native American culture and Na4 tive American languages.

5 ‘‘(15) TRIBAL ORGANIZATION.—The term ‘trib6 al organization’ has the meaning given that term in

7 section 4 of the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 450b).’’.

9 SEC. 4. NATIVE AMERICAN LANGUAGE SURVIVAL SCHOOLS.

10 Title I of Public Law 101–477 (25 U.S.C. 2901 et

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

12 sections:

13 ‘‘GENERAL AUTHORITY

14 ‘‘SEC. 108. (a) IN GENERAL.—The Secretary is au15 thorized to provide funds, through grant or contract, to

16 Native American Language Educational Organizations,

17 Native American Language Colleges, Indian tribal govern18 ments, or a consortia of such organizations, colleges, or

19 tribal governments to operate, expand, and increase Na20 tive American Language Survival Schools throughout the

21 United States and its territories for Native American chil22 dren and Native American language-speaking children.

23 ‘‘(b) ELIGIBILITY.—As a condition of receiving funds

24 under subsection (a), a Native American Language Edu25 cational Organization, a Native American Language Col-
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1 lege, an Indian tribal government, or a consortia of such

2 organizations, colleges, or tribal governments—

3 ‘‘(1) shall—

4 ‘‘(A) have at least 3 years experience in

5 operating and administering a Native American

6 Language Survival School, a Native American

7 Language Nest, or other educational programs

8 in which instruction is conducted in a Native

9 American language; and

10 ‘‘(B) include students who are subject to

11 State compulsory education laws; and

12 ‘‘(2) may include students from infancy through

13 grade 12, as well as their families.

14 ‘‘(c) USE OF FUNDS.—

15 ‘‘(1) REQUIRED USES.—A Native American

16 Language Survival School receiving funds under this

17 section shall—

18 ‘‘(A) consist of not less than 700 hours of

19 instruction conducted annually through a Na20 tive American language or languages for at

21 least 15 students who do not regularly attend

22 another school;

23 ‘‘(B) provide direct educational services

24 and school support services that may also

25 include—
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1 ‘‘(i) support services for children with

2 special needs;

3 ‘‘(ii) transportation;

4 ‘‘(iii) boarding;

5 ‘‘(iv) food service;

6 ‘‘(v) teacher and staff housing;

7 ‘‘(vi) purchase of basic materials;

8 ‘‘(vii) adaptation of teaching mate9 rials;

10 ‘‘(viii) translation and development; or

11 ‘‘(ix) other appropriate services;

12 ‘‘(C) provide direct or indirect educational

13 and support services for the families of enrolled

14 students on site, through colleges, or through

15 other means to increase their knowledge and

16 use of the Native American language and cul17 ture, and may impose a requirement of family

18 participation as a condition of student enroll19 ment; and

20 ‘‘(D) ensure that students who are not Na21 tive American language speakers achieve flu22 ency in a Native American language within 3

23 years of enrollment.
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1 ‘‘(2) PERMISSIBLE USES.—A Native American

2 Language Survival School receiving funds under this

3 section may—

4 ‘‘(A) include Native American Language

5 Nests and other educational programs for stu6 dents who are not Native American language

7 speakers but who seek to establish fluency

8 through instruction in a Native American lan9 guage or to re-establish fluency as descendants

10 of Native American language speakers;

11 ‘‘(B) include a program of concurrent and

12 summer college or university education course

13 enrollment for secondary school students en14 rolled in Native American Language Survival

15 Schools, as appropriate; and

16 ‘‘(C) provide special support for Native

17 American languages for which there are very

18 few or no remaining Native American language

19 speakers.

20 ‘‘(d) CURRICULUM DEVELOPMENT AND COMMUNITY

21 LANGUAGE USE DEVELOPMENT.—The Secretary is au22 thorized to provide funds, through grant or contract, to

23 Native American Language Educational Organizations,

24 Native American Language Colleges, Indian tribal govern-
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1 ments, or a consortia of such organizations, colleges, or

2 tribal governments, for the purpose of developing—

3 ‘‘(1) comprehensive curricula in Native Amer4 ican language instruction and instruction through

5 Native American languages; and

6 ‘‘(2) community Native American language use

7 in communities served by Native American Lan8 guage Survival Schools.

9 ‘‘(e) TEACHER, STAFF, AND COMMUNITY RESOURCE

10 DEVELOPMENT.—

11 ‘‘(1) IN GENERAL.—The Secretary is authorized

12 to provide funds, through grant or contract, to Na13 tive American Language Educational Organizations,

14 Native American Language Colleges, Indian tribal

15 governments, or a consortia of such organizations,

16 colleges, or tribal governments for the purpose of

17 providing programs in pre-service and in-service

18 teacher training, staff training, personnel develop19 ment programs, programs to upgrade teacher and

20 staff skills, and community resource development

21 training, that shall include a program component

22 which has as its objective increased Native American

23 language speaking proficiency for teachers and staff

24 employed in Native American Language Survival

25 Schools and Native American Language Nests.
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1 ‘‘(2) PROGRAM SCOPE.—Programs funded

2 under this subsection may include—

3 ‘‘(A) visits or exchanges among Native

4 American Language Survival Schools and Na5 tive American Language Nests of school or nest

6 teachers, staff, students, or families of students;

7 ‘‘(B) participation in conference or special

8 non-degree programs focusing on the use of a

9 Native American language or languages for the

10 education of students, teachers, staff, students,

11 or families of students;

12 ‘‘(C) full or partial scholarships and fellow13 ships to colleges or universities for the profes14 sional development of faculty and staff, and to

15 meet requirements for the involvement of the

16 family or the community of Native American

17 Language Survival School students in Native

18 American Language Survival Schools;

19 ‘‘(D) training in the language and culture

20 associated with a Native American Language

21 Survival School either under community or aca22 demic experts in programs which may include

23 credit courses;
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1 ‘‘(E) structuring of personnel operations to

2 support Native American language and cultural

3 fluency and program effectiveness;

4 ‘‘(F) Native American language planning,

5 documentation, reference material and archives

6 development; and

7 ‘‘(G) recruitment for participation in

8 teacher, staff, student, and community develop9 ment.

10 ‘‘(3) CONDITIONS OF FELLOWSHIPS OR SCHOL11 ARSHIPS.—A recipient of a fellowship or scholarship

12 awarded under the authority of this subsection who

13 is enrolled in a program leading to a degree or cer14 tificate shall—

15 ‘‘(A) be trained in the Native American

16 language of the Native American Language

17 Survival School, if such program is available

18 through that Native American language;

19 ‘‘(B) complete a minimum annual number

20 of hours in Native American language study or

21 training during the period of the fellowship or

22 scholarship; and

23 ‘‘(C) enter into a contract which obligates

24 the recipient to provide his or her professional

25 services, either during the fellowship or scholar-
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1 ship period or upon completion of a degree or

2 certificate, in Native American language in3 struction in the Native American language as4 sociated with the Native American Language

5 Survival School in which the service obligation

6 is to be fulfilled.

7 ‘‘(f) ENDOWMENT AND FACILITIES.—The Secretary

8 is authorized to provide funds, through grant or contract,

9 for endowment funds and the rental, lease, purchase, con10 struction, maintenance, or repair of facilities for Native

11 American Language Survival Schools, to Native American

12 Language Educational Organizations, Native American

13 Language Colleges, and Indian tribal governments, or a

14 consortia of such organizations, colleges, or tribal govern15 ments that have demonstrated excellence in the capacity

16 to operate and administer a Native American Language

17 Survival School and to ensure the academic achievement

18 of Native American Language Survival School students.

19 ‘‘NATIVE AMERICAN LANGUAGE NESTS

20 ‘‘SEC. 109. (a) IN GENERAL.—The Secretary is au21 thorized to provide funds, through grant or contract, to

22 Native American Language Educational Organizations,

23 Native American Language Colleges, Indian tribal govern24 ments, and nonprofit organizations that demonstrate the

25 potential to become Native American Language Edu26 cational Organizations, for the purpose of establishing Na-
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1 tive American Language Nest programs for students from

2 infancy to age 6 and their families.

3 ‘‘(b) REQUIREMENTS.—A Native American Lan4 guage Nest program receiving funds under this section

5 shall—

6 ‘‘(1) provide instruction and child care through

7 the use of a Native American language or a com8 bination of the English language and a Native

9 American language for at least 10 children for at

10 least 700 hours per year;

11 ‘‘(2) provide compulsory classes for parents of

12 students enrolled in a Native American Language

13 Nest in a Native American language, including Na14 tive American language-speaking parents;

15 ‘‘(3) provide compulsory monthly meetings for

16 parents and other family members of students en17 rolled in a Native American Language Nest;

18 ‘‘(4) provide a preference in enrollment for stu19 dents and families who are fluent in a Native Amer20 ican language; and

21 ‘‘(5) receive at least 5 percent of its funding

22 from another source, which may included Federally23 funded programs, such as a Head Start program

24 funded under the Head Start Act (42 U.S.C. 9801

25 et seq.).
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1 ‘‘DEMONSTRATION PROGRAMS REGARDING LINGUISTICS

2 ASSISTANCE

3 ‘‘SEC. 110. (a) DEMONSTRATION PROGRAMS.—The

4 Secretary shall provide funds, through grant or contract,

5 for the establishment of 2 demonstration programs that

6 will provide assistance to Native American Language Sur7 vival Schools and Native American Language Nests. Such

8 demonstration programs shall be established at—

9 ‘‘(1) Ka Haka ‘Ula O Ke‘elikolani College of

10 the University of Hawaii at Hilo, in consortium with

11 the ‘Aha Punana Leo, Inc., and with other entities

12 if deemed appropriate by such College, to—

13 ‘‘(A) conduct a demonstration program in

14 the development of the various components of a

15 Native American Language Survival School

16 program, including the early childhood edu17 cation features of a Native American Nest com18 ponent; and

19 ‘‘(B) provide assistance in the establish20 ment, operation, and administration of Native

21 American Language Nests and Native Amer22 ican Language Survival Schools by such means

23 as training, hosting informational visits to dem24 onstration sites, and providing relevant infor-
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1 mation, outreach courses, conferences, and

2 other means; and

3 ‘‘(2) the Alaska Native Language Center of the

4 University of Alaska at Fairbanks, in consortium

5 with other entities as deemed appropriate by such

6 Center, to conduct a demonstration program, train7 ing, outreach, conferences, visitation programs, and

8 other assistance in developing orthographies, re9 source materials, language documentation, language

10 preservation, material archiving, and community

11 support development.

12 ‘‘(b) USE OF TECHNOLOGY.—The demonstration

13 programs authorized to be established under this section

14 may employ synchronic and asynchronic telecommuni15 cations and other appropriate means to maintain coordi16 nation and cooperation with one another and with partici17 pating Native American Language Survival Schools and

18 Native American Language Nests.

19 ‘‘(c) DIRECTION TO THE SECRETARY.—The dem20 onstration programs authorized to be established under

21 this section shall provide direction to the Secretary in de22 veloping a site visit evaluation of Native American Lan23 guage Survival Schools and Native American Language

24 Nests.
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1 ‘‘(d) ENDOWMENTS AND FACILITIES.—The dem2 onstration programs authorized to be established under

3 this section may establish endowments for the purpose of

4 furthering their activities relative to the study and preser5 vation of Native American languages, and may use funds

6 to provide for the rental, lease, purchase, construction,

7 maintenance, and repair of facilities.

8 ‘‘AUTHORIZATION OF APPROPRIATIONS

9 ‘‘SEC. 111. There are authorized to be appropriated

10 such sums as may be necessary to carry out the activities

11 authorized by this Act for fiscal years 2001 through

12 2006.’’.

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