```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1419 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 376
114th CONGRESS
  2d Session
                                S. 1419

                          [Report No. 114-215]

To promote the academic achievement of American Indian, Alaska Native, 
    and Native Hawaiian children with the establishment of a Native 
                    American language grant program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2015

 Mr. Tester (for himself, Mr. Schatz, Mr. Udall, Mr. Heinrich, and Ms. 
   Heitkamp) introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

                           February 29, 2016

              Reported by Mr. Barrasso, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To promote the academic achievement of American Indian, Alaska Native, 
    and Native Hawaiian children with the establishment of a Native 
                    American language grant program.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Native Language Immersion 
Student Achievement Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Congress established the unique status of 
        Native American languages and distinctive policies supporting 
        their use as a medium of education in the Native American 
        Languages Act (Public Law 101-477).</DELETED>
        <DELETED>    (2) Reports from the Bureau of Indian Affairs and 
        tribal, public, charter, and private schools and colleges that 
        use primarily Native American languages to deliver education, 
        have indicated that students from these schools have generally 
        had high school graduation and college attendance rates above 
        the norm for their peers.</DELETED>
        <DELETED>    (3) Such successful schools include Native 
        American language medium schools focusing on both children who 
        enter school speaking Native American languages and children 
        who enter school with little or no knowledge of a Native 
        American language, as well as Native American Language Nests 
        and Native American Language Survival Schools.</DELETED>
        <DELETED>    (4) The Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6301 et seq.) includes policy barriers to 
        schools taught through Native American languages and a lack of 
        adequate funding to support such opportunities.</DELETED>
        <DELETED>    (5) There is a critical need that requires 
        immediate action to support education through Native American 
        languages to revitalize and maintain these languages.</DELETED>

<DELETED>SEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS.</DELETED>

<DELETED>    Title VII of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7401 et seq.) is amended by adding at the end the 
following:</DELETED>

     <DELETED>``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS</DELETED>

<DELETED>``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS.</DELETED>

<DELETED>    ``(a) Purposes.--The purposes of this section are--
</DELETED>
        <DELETED>    ``(1) to establish a grant program to support 
        schools using Native American languages as the primary language 
        of instruction of all curriculum taught at the schools that 
        will improve high school graduation rates, college attainment, 
        and career readiness; and</DELETED>
        <DELETED>    ``(2) to further integrate into this Act, Federal 
        policy for such schools, as established in the Native American 
        Languages Act (Public Law 101-477).</DELETED>
<DELETED>    ``(b) Program Authorized.--</DELETED>
        <DELETED>    ``(1) In general.--From the amounts made available 
        to carry out this section, the Secretary may award grants to 
        eligible entities to develop and maintain, or to improve and 
        expand, programs that support schools, including 
        prekindergarten through postsecondary education sites and 
        streams, using Native American languages as the primary 
        language of instruction of all curriculum taught.</DELETED>
        <DELETED>    ``(2) Eligible entities.--In this section, the 
        term `eligible entity' means any of the following entities that 
        has a plan to develop and maintain, or to improve and expand, 
        programs that support the entity's use of one or more Native 
        American languages as the primary language of instruction in a 
        school:</DELETED>
                <DELETED>    ``(A) An Indian tribe (as defined in 
                section 103 of the Native American Languages Act (25 
                U.S.C. 2902)).</DELETED>
                <DELETED>    ``(B) A Tribal College or University (as 
                defined in section 316 of the Higher Education Act of 
                1965).</DELETED>
                <DELETED>    ``(C) A tribal education agency.</DELETED>
                <DELETED>    ``(D) A public elementary school or 
                secondary school (including a public charter 
                school).</DELETED>
                <DELETED>    ``(E) A private and accredited elementary 
                school or secondary school.</DELETED>
                <DELETED>    ``(F) A school operated by the Bureau of 
                Indian Education.</DELETED>
                <DELETED>    ``(G) A Regional Corporation (as defined 
                in section 3 of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1602)).</DELETED>
                <DELETED>    ``(H) A private or tribal nonprofit 
                organization.</DELETED>
                <DELETED>    ``(I) A consortium of any of the entities 
                described in subparagraphs (A) through (H).</DELETED>
<DELETED>    ``(c) Application.--</DELETED>
        <DELETED>    ``(1) In general.--An eligible entity 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 require, 
        including the following:</DELETED>
                <DELETED>    ``(A) The name of the Native American 
                language to be used for instruction at the school 
                supported by the eligible entity.</DELETED>
                <DELETED>    ``(B) The number of students attending 
                such school.</DELETED>
                <DELETED>    ``(C) The number of present hours of 
                instruction in or through 1 or more Native American 
                languages being provided to targeted students at such 
                school, if any.</DELETED>
                <DELETED>    ``(D) The status of such school with 
                regard to any applicable tribal education department or 
                agency, public education system, indigenous language 
                schooling research and cooperative, or accrediting 
                body.</DELETED>
                <DELETED>    ``(E) A statement that such school--
                </DELETED>
                        <DELETED>    ``(i) is engaged in meeting 
                        targeted academic proficiency levels for 
                        students, as may be required by applicable 
                        Federal, State, or tribal law, including the 
                        availability of coursework for students to 
                        fulfill the requirements necessary to obtain a 
                        high school diploma;</DELETED>
                        <DELETED>    ``(ii) will strive to achieve high 
                        level language fluency in students in the 
                        Native American language of the school; 
                        and</DELETED>
                        <DELETED>    ``(iii) provides assessments of 
                        students using the Native American language of 
                        instruction, where appropriate.</DELETED>
                <DELETED>    ``(F) A list of the qualifications of the 
                staff to deliver effective education through the Native 
                American language of the school.</DELETED>
        <DELETED>    ``(2) Additional application materials.--In 
        addition to the application described in paragraph (1), an 
        eligible entity that desires to receive a grant under this 
        section shall submit to the Secretary the following:</DELETED>
                <DELETED>    ``(A) Tribal certification.--</DELETED>
                        <DELETED>    ``(i) In general.--A certification 
                        from a Federally recognized Indian tribe, or a 
                        letter from any State or community recognized 
                        Native American entity, on whose land the 
                        school supported by the eligible entity is 
                        located, or which is served by such school, 
                        indicating that the school has an endorsement 
                        to provide education primarily through the 
                        Native American language and that there are 
                        sufficient speakers of such Native American 
                        language at the school or available to be hired 
                        by the school.</DELETED>
                        <DELETED>    ``(ii) Inability to secure 
                        certification.--If neither a certification nor 
                        a letter can be secured as described in clause 
                        (i), the eligible entity may submit to the 
                        Secretary an explanation of why such 
                        certification and letter cannot be obtained. 
                        The Secretary may waive the certification and 
                        letter requirement under clause (i) if the 
                        explanation is deemed acceptable.</DELETED>
                <DELETED>    ``(B) Collection of data.--A statement 
                that such school will collect data relative to high 
                school graduation, college attendance, or other data 
                relevant to student achievement, career readiness, or 
                community participation of students who matriculate 
                through its programs, and will participate in data 
                collection conducted by the Secretary that will 
                determine best practices and further academic 
                evaluation of the school.</DELETED>
                <DELETED>    ``(C) Demonstration of capacity.--A 
                demonstration of the capacity to have speakers of its 
                Native American language provide instruction in the 
                content curriculum offered by such school.</DELETED>
                <DELETED>    ``(D) Native language education plan.--A 
                Native language education plan that integrates high 
                achievement in the Native American language with 
                improved student academic achievement, high school 
                graduation rates, college attainment, and career 
                readiness by carrying out the activities authorized in 
                subsection (e).</DELETED>
<DELETED>    ``(d) Awarding of Grants.--In awarding grants under this 
section, the Secretary shall--</DELETED>
        <DELETED>    ``(1) determine the amount and length of each 
        grant; and</DELETED>
        <DELETED>    ``(2) ensure, to the maximum extent feasible, that 
        diversity in languages is represented.</DELETED>
<DELETED>    ``(e) Activities Authorized.--An eligible entity that 
receives a grant under this section shall carry out the following 
activities:</DELETED>
        <DELETED>    ``(1) Support Native American language education 
        and development.</DELETED>
        <DELETED>    ``(2) Develop or refine instructional curriculum 
        for the school supported by the eligible entity, including 
        distinctive teaching materials and activities, as 
        appropriate.</DELETED>
        <DELETED>    ``(3) Fund training opportunities for teachers 
        and, as appropriate, staff and administrators, that would 
        strengthen the overall language and academic goals of such 
        school.</DELETED>
        <DELETED>    ``(4) Develop a Native language alignment plan to 
        create or refine assessments of student proficiency on State or 
        tribally developed academic standards for Native American 
        language schools, aligned with the Native language of 
        instruction in such schools, as appropriate.</DELETED>
        <DELETED>    ``(5) Other activities that promote Native 
        American language education and development, as 
        appropriate.</DELETED>
<DELETED>    ``(f) Report to Secretary.--Each eligible entity that 
receives a grant under this section shall provide an annual report to 
the Secretary in such form and manner as the Secretary may 
require.</DELETED>
<DELETED>    ``(g) Building Native Language Immersion Evidence Base.--
</DELETED>
        <DELETED>    ``(1) In general.--The Secretary, in consultation 
        with the Commissioner of the National Center for Education 
        Statistics, shall compile and analyze data and reports provided 
        under subsection (f) to evaluate the outcomes of the grant 
        program and contribute to the evidence base of Native language 
        immersion student outcomes.</DELETED>
        <DELETED>    ``(2) Dissemination.--Not later than 180 days 
        after the date the Secretary receives all reports under 
        subsection (f), the information described in paragraph (1) 
        shall be disseminated to Congress, including the Subcommittee 
        on Indian, Insular and Alaska Native Affairs and 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.</DELETED>
<DELETED>    ``(h) Authorization of Appropriation.--There is authorized 
to be appropriated to carry out this section $5,000,000 for fiscal year 
2016, and such sums as may be necessary for each of the 4 succeeding 
fiscal years.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Language Immersion Student 
Achievement Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress established the unique status of Native 
        American languages and distinctive policies supporting their 
        use as a medium of education in the Native American Languages 
        Act (Public Law 101-477).
            (2) Reports from the Bureau of Indian Affairs and tribal, 
        public, charter, and private schools and colleges that use 
        primarily Native American languages to deliver education, have 
        indicated that students from these schools have generally had 
        high school graduation and college attendance rates above the 
        norm for their peers.
            (3) Such successful schools include Native American 
        language medium schools focusing on both children who enter 
        school speaking Native American languages and children who 
        enter school with little or no knowledge of a Native American 
        language, as well as Native American Language Nests and Native 
        American Language Survival Schools.
            (4) The Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6301 et seq.) includes policy barriers to schools taught 
        through Native American languages and a lack of adequate 
        funding to support such opportunities.
            (5) There is a critical need that requires immediate action 
        to support education through Native American languages to 
        revitalize and maintain these languages.

SEC. 3. NATIVE AMERICAN LANGUAGE SCHOOLS.

    Title VII of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7401 et seq.) is amended by adding at the end the following:

               ``PART D--NATIVE AMERICAN LANGUAGE SCHOOLS

``SEC. 7401. NATIVE AMERICAN LANGUAGE SCHOOLS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to establish a grant program to support schools using 
        Native American languages as the primary language of 
        instruction of all curriculum taught at the schools that will 
        improve high school graduation rates, college attainment, and 
        career readiness; and
            ``(2) to further integrate into this Act, Federal policy 
        for such schools, as established in the Native American 
        Languages Act (Public Law 101-477).
    ``(b) Program Authorized.--
            ``(1) In general.--From the amounts made available to carry 
        out this section, the Secretary may award grants to eligible 
        entities to develop and maintain, or to improve and expand, 
        programs that support schools, including prekindergarten 
        through postsecondary education sites and streams, using Native 
        American languages as the primary language of instruction of 
        all curriculum taught.
            ``(2) Eligible entities.--In this section, the term 
        `eligible entity' means any of the following entities that has 
        a plan to develop and maintain, or to improve and expand, 
        programs that support the entity's use of one or more Native 
        American languages as the primary language of instruction in a 
        school:
                    ``(A) An Indian tribe (as defined in section 103 of 
                the Native American Languages Act (25 U.S.C. 2902)).
                    ``(B) A Tribal College or University (as defined in 
                section 316 of the Higher Education Act of 1965).
                    ``(C) A tribal education agency.
                    ``(D) A local educational agency.
                    ``(E) A private and accredited elementary school or 
                secondary school.
                    ``(F) A school operated by the Bureau of Indian 
                Education.
                    ``(G) A Regional Corporation (as defined in section 
                3 of the Alaska Native Claims Settlement Act (43 U.S.C. 
                1602)).
                    ``(H) A private or tribal nonprofit organization.
                    ``(I) A consortium of any of the entities described 
                in subparagraphs (A) through (H).
    ``(c) Application.--
            ``(1) In general.--An eligible entity 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 require, including the 
        following:
                    ``(A) The name of the Native American language to 
                be used for instruction at the school supported by the 
                eligible entity.
                    ``(B) The number of students attending such school.
                    ``(C) The number of present hours of instruction in 
                or through 1 or more Native American languages being 
                provided to targeted students at such school, if any.
                    ``(D) The status of such school with regard to any 
                applicable tribal education department or agency, 
                public education system, indigenous language schooling 
                research and cooperative, or accrediting body.
                    ``(E) A statement that such school--
                            ``(i) is engaged in meeting targeted 
                        academic proficiency levels for students, as 
                        may be required by applicable Federal, State, 
                        or tribal law, including the availability of 
                        coursework for students to fulfill the 
                        requirements necessary to obtain a high school 
                        diploma;
                            ``(ii) will strive to achieve high level 
                        language fluency in students in the Native 
                        American language of the school; and
                            ``(iii) provides assessments of students 
                        using the Native American language of 
                        instruction, where appropriate.
                    ``(F) A list of the qualifications of the staff to 
                deliver effective education through the Native American 
                language of the school.
            ``(2) Additional application materials.--In addition to the 
        application described in paragraph (1), an eligible entity that 
        desires to receive a grant under this section shall submit to 
        the Secretary the following:
                    ``(A) Tribal certification.--
                            ``(i) In general.--Subject to clause (ii), 
                        a certification from--
                                    ``(I) a federally recognized Indian 
                                tribe on whose land the school 
                                supported by the eligible entity is 
                                located;
                                    ``(II) the State in which the 
                                school supported by the eligible entity 
                                is located; or
                                    ``(III) a community-recognized 
                                Native American entity on whose land 
                                the school supported by the eligible 
                                entity is located.
                            ``(ii) Contents of certification.--The 
                        certification required under clause (i) shall 
                        certify that--
                                    ``(I) the school supported by the 
                                eligible entity has an endorsement to 
                                provide education primarily through the 
                                Native American language; and
                                    ``(II) there are sufficient 
                                speakers of such Native American 
                                language at the school or available to 
                                be hired by the school.
                            ``(iii) Waiver.--
                                    ``(I) In general.--The eligible 
                                entity may request from the Secretary a 
                                waiver of the certification requirement 
                                under this subparagraph only if the 
                                eligible entity submits--
                                            ``(aa) proof that an entity 
                                        described in subclause (I) or 
                                        (III) of clause (i) has denied 
                                        providing or failed to provide 
                                        the certification; and
                                            ``(bb) an explanation of 
                                        why such certification cannot 
                                        be obtained.
                                    ``(II) Approval of waiver.--
                                            ``(aa) In general.--Subject 
                                        to item (bb), the Secretary may 
                                        waive the certification 
                                        requirement under this 
                                        subparagraph if the Secretary 
                                        determines that the explanation 
                                        provided in subclause (I)(bb) 
                                        is acceptable.
                                            ``(bb) Restriction.--The 
                                        Secretary shall not waive the 
                                        certification requirement under 
                                        this subparagraph if the Indian 
                                        tribe on whose land the school 
                                        supported by the eligible 
                                        entity is located submits an 
                                        objection to the waiver in 
                                        writing to the Secretary.
                    ``(B) Collection of data.--A statement that such 
                school will collect data relative to high school 
                graduation, college attendance, or other data relevant 
                to student achievement, career readiness, or community 
                participation of students who matriculate through its 
                programs, and will participate in data collection 
                conducted by the Secretary that will determine best 
                practices and further academic evaluation of the 
                school.
                    ``(C) Demonstration of capacity.--A demonstration 
                of the capacity to have speakers of its Native American 
                language provide instruction in the content curriculum 
                offered by such school.
                    ``(D) Native language education plan.--A Native 
                language education plan that integrates high 
                achievement in the Native American language with 
                improved student academic achievement, high school 
                graduation rates, college attainment, and career 
                readiness by carrying out the activities authorized in 
                subsection (e).
    ``(d) Awarding of Grants.--In awarding grants under this section, 
the Secretary shall--
            ``(1) determine the amount and length of each grant; and
            ``(2) ensure, to the maximum extent feasible, that 
        diversity in languages is represented.
    ``(e) Activities Authorized.--An eligible entity that receives a 
grant under this section shall carry out the following activities:
            ``(1) Support Native American language education and 
        development.
            ``(2) Develop or refine instructional curriculum for the 
        school supported by the eligible entity, including distinctive 
        teaching materials and activities, as appropriate.
            ``(3) Fund training opportunities for teachers and, as 
        appropriate, staff and administrators, that would strengthen 
        the overall language and academic goals of such school.
            ``(4) Develop a Native language alignment plan to create or 
        refine assessments of student proficiency on State or tribally 
        developed academic standards for Native American language 
        schools, aligned with the Native language of instruction in 
        such schools, as appropriate.
            ``(5) Other activities that promote Native American 
        language education and development, as appropriate.
    ``(f) Report to Secretary.--Each eligible entity that receives a 
grant under this section shall provide an annual report to the 
Secretary in such form and manner as the Secretary may require.
    ``(g) Building Native Language Immersion Evidence Base.--
            ``(1) In general.--The Secretary, in consultation with the 
        Commissioner of the National Center for Education Statistics, 
        shall compile and analyze data and reports provided under 
        subsection (f) to evaluate the outcomes of the grant program 
        and contribute to the evidence base of Native language 
        immersion student outcomes.
            ``(2) Dissemination.--Not later than 180 days after the 
        date the Secretary receives all reports under subsection (f), 
        the information described in paragraph (1) shall be 
        disseminated to Congress, including the Subcommittee on Indian, 
        Insular and Alaska Native Affairs and 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.
    ``(h) Authorization of Appropriation.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2016, 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.''.
                                                       Calendar No. 376

114th CONGRESS

  2d Session

                                S. 1419

                          [Report No. 114-215]

_______________________________________________________________________

                                 A BILL

To promote the academic achievement of American Indian, Alaska Native, 
    and Native Hawaiian children with the establishment of a Native 
                    American language grant program.

_______________________________________________________________________

                           February 29, 2016

                       Reported with an amendment
```