I 

109TH CONGRESS 

2D SESSION H. R. 5222 

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

of Native American language survival schools, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2006 

Mr. CASE introduced the following bill; which was referred to the Committee 

on Education and the Workforce 

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 Amendments Act of 2006’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to encourage and support, consistent with 

9 the policy of the United States as expressed in the 


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1 Native American Languages Act (25 U.S.C. 2901 et 

2 seq.)— 

3 (A) the development of Native American 

4 language survival schools as innovative means 

5 of addressing the negative effects of past prac6 tices with respect to Native American language 

7 speakers; and 

8 (B) the revitalization of Native American 

9 languages through— 

10 (i) education in Native American lan11 guages; and 

12 (ii) instruction in other academic sub13 jects using Native American languages as 

14 an instructional medium; 

15 (2) to demonstrate the positive effects of Native 

16 American language survival schools on the academic 

17 success of Native American students and the stu18 dents’ mastery of standard English; 

19 (3) to encourage and support the involvement 

20 of families in the educational and cultural survival 

21 efforts of Native American language survival schools; 

22 (4) to encourage communication, cooperation, 

23 and educational exchange among Native American 

24 language survival schools and the administrators of 

25 Native American language survival schools; 


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1 (5) to provide support for Native American lan2 guage survival school facilities and endowments; 

3 (6) to provide support for Native American lan4 guage nests— 

5 (A) as part of Native American language 

6 survival schools; or 

7 (B) as separate programs that will be de8 veloped into more comprehensive Native Amer9 ican language survival schools; 

10 (7) to support the development of local and na11 tional models that can be disseminated to the public 

12 and made available to other schools as exemplary 

13 methods of teaching Native American students; 

14 (8) to encourage the participation of private 

15 education in Native American language education; 

16 (9) to develop support for Native American lan17 guage survival schools at the university level among 

18 federally funded institutions; and 

19 (10) to provide direction relative to existing 

20 provisions of the Native American Languages Act 

21 (25 U.S.C. 2901 et seq.) regarding teacher, staff, 

22 and student use of Native American languages in 

23 publicly supported education, including charter 

24 schools. 


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1 SEC. 3. DEFINITIONS. 

2 Section 103 of the Native American Languages Act 

3 (25 U.S.C. 2902) is amended to read as follows: 

4 ‘‘SEC. 103. DEFINITIONS. 

5 ‘‘In this title: 

6 ‘‘(1) ELEMENTARY SCHOOL.—The term ‘ele7 mentary school’ has the meaning given the term in 

8 section 9101 of the Elementary and Secondary Edu9 cation Act of 1965. 

10 ‘‘(2) INDIAN.—The term ‘Indian’ has the mean11 ing given the term in section 7151 of the Elemen12 tary and Secondary Education Act of 1965. 

13 ‘‘(3) INDIAN RESERVATION.—The term ‘Indian 

14 reservation’ has the meaning given the term ‘res15 ervation’ in section 3 of the Indian Financing Act of 

16 1974. 

17 ‘‘(4) INDIAN TRIBALGOVERNMENT.—The term 

18 ‘Indian tribal government’ has the meaning given 

19 the term in section 502 of the Indian Environmental 

20 General Assistance Program Act of 1992. 

21 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

22 has the meaning given the term in section 4 of the 

23 Indian Self-Determination and Education Assistance 

24 Act. 

25 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— 

26 The term ‘institution of higher education’ has the 


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1 meaning given to that term in section 101(a) of the 

2 Higher Education Act of 1965. 

3 ‘‘(7) LOCALEDUCATIONALAGENCY.—The term 

4 ‘local educational agency’ has the meaning given to 

5 that term in section 9101 of the Elementary and 

6 Secondary Education Act of 1965. 

7 ‘‘(8) NATIVE AMERICAN.—The term ‘Native 

8 American’ means— 

9 ‘‘(A) an Indian; 

10 ‘‘(B) a Native American Pacific Islander; 

11 or 

12 ‘‘(C) a Native Hawaiian. 

13 ‘‘(9) NATIVE AMERICAN LANGUAGE.—The term 

14 ‘Native American language’ means a historical, tra15 ditional language spoken by Native Americans. 

16 ‘‘(10) NATIVE AMERICAN LANGUAGE COL17 LEGE.—The term ‘Native American language col18 lege’ means— 

19 ‘‘(A) a tribally controlled college or univer20 sity (as defined in section 2 of the Tribally Con21 trolled College or University Assistance Act of 

22 1978); 

23 ‘‘(B) Ka Haka ‘Ula O Ke’eliko ̄lani, the 

24 Hawaiian language college of the State of Ha25 waii; 


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1 ‘‘(C) Ilisagvik College, of Alaska; and 

2 ‘‘(D) any accredited government college or 

3 university in a Pacific Islands territory or pos4 session of the United States within which the 

5 majority of instruction or administration is 

6 through one or more Native American lan7 guages. 

8 ‘‘(11) NATIVE AMERICAN LANGUAGE EDU9 CATIONALORGANIZATION.—The term ‘Native Amer10 ican language educational organization’ means an 

11 organization that— 

12 ‘‘(A) is governed by a board consisting 

13 of— 

14 ‘‘(i) primarily Native Americans; and 

15 ‘‘(ii) as many speakers of 1 or more 

16 Native American languages as practicable; 

17 ‘‘(B) is currently providing instruction 

18 through the use of a Native American language 

19 to at least 10 preschool, elementary school, or 

20 secondary school students for at least 700 

21 hours per year per student; 

22 ‘‘(C) has provided instruction through the 

23 use of a Native American language to at least 

24 10 preschool, elementary school, or secondary 

25 school students for at least 700 hours per year 


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1 per student for a period of not less than 3 years 

2 before the date of application for a grant or 

3 contract under this title; and 

4 ‘‘(D) may be a public school that meets the 

5 requirements of subparagraphs (A), (B), and 

6 (C). 

7 ‘‘(12) NATIVE AMERICAN LANGUAGE NEST.— 

8 The term ‘Native American language nest’ means a 

9 site-based educational program that— 

10 ‘‘(A) enrolls families with children under 

11 the age of 7; 

12 ‘‘(B) is conducted through a Native Amer13 ican language for at least 700 hours per year 

14 per student; and 

15 ‘‘(C) has the specific goal of strengthening, 

16 revitalizing, or reestablishing a Native Amer17 ican language and culture as a living language 

18 and culture of daily life. 

19 ‘‘(13) NATIVE AMERICAN LANGUAGE SURVIVAL

20 SCHOOL.—The term ‘Native American language sur21 vival school’ means a site-based educational pro22 gram— 

23 ‘‘(A) in which a Native American language 

24 is dominant; 


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1 ‘‘(B) that expands from a Native American 

2 language nest, as a separate entity or inclusive 

3 of a Native American language nest, to enroll 

4 families with children eligible for elementary 

5 school or secondary school; and 

6 ‘‘(C) that provides a complete education 

7 through a Native American language with the 

8 specific goal of strengthening, revitalizing, or 

9 reestablishing a Native American language and 

10 culture as a living language and culture of daily 

11 life. 

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

13 The term ‘Native American Pacific Islander’ means 

14 any descendant of the aboriginal people of any is15 land in the Pacific Ocean that is a territory or pos16 session of the United States. 

17 ‘‘(15) NATIVE HAWAIIAN.—The term ‘Native 

18 Hawaiian’ has the meaning given the term in section 

19 7207 of the Elementary and Secondary Education 

20 Act of 1965. 

21 ‘‘(16) SECONDARY SCHOOL.—The term ‘sec22 ondary school’ has the meaning given the term in 

23 section 9101 of the Elementary and Secondary Edu24 cation Act of 1965. 


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1 ‘‘(17) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Education. 

3 ‘‘(18) STATE EDUCATIONALAGENCY.—The 

4 term ‘State educational agency’ has the meaning 

5 given to that term in section 9101 of the Elemen6 tary and Secondary Education Act of 1965. 

7 ‘‘(19) TRIBALORGANIZATION.—The term ‘trib8 al organization’ has the meaning given the term in 

9 section 4 of the Indian Self-Determination and Edu10 cation Assistance Act.’’. 

11 SEC. 4. NATIVE AMERICAN LANGUAGE NESTS AND SUR12 VIVAL SCHOOLS. 

13 The Native American Languages Act (25 U.S.C. 

14 2901 et seq.) is amended by adding at the end the fol15 lowing: 

16 ‘‘SEC. 108. NATIVE AMERICAN LANGUAGE NESTS. 

17 ‘‘(a) IN GENERAL.—The Secretary may make grants 

18 to, or enter into contracts with, Native American language 

19 educational organizations, Native American language col20 leges, Indian tribal governments, organizations that dem21 onstrate the potential to become Native American lan22 guage educational organizations, or consortia of such enti23 ties for the purpose of establishing Native American lan24 guage nests for— 

25 ‘‘(1) students under the age of 7; and 


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1 ‘‘(2) families of the students. 

2 ‘‘(b) REQUIREMENTS.—A Native American language 

3 nest receiving funds under this section shall— 

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

5 the use of a Native American language for at least 

6 10 children under the age of 7 for at least 700 

7 hours per year per student; 

8 ‘‘(2) provide compulsory classes in a Native 

9 American language for parents of students enrolled 

10 in a Native American language nest (including Na11 tive American language-speaking parents); 

12 ‘‘(3) provide compulsory monthly meetings for 

13 parents and other family members of students en14 rolled in a Native American language nest; 

15 ‘‘(4) provide a preference in enrollment for stu16 dents and families who are fluent in a Native Amer17 ican language; 

18 ‘‘(5) receive at least 5 percent of the funding 

19 for the program from another source, which may in20 clude any federally funded program (such as a Head 

21 Start program funded under the Head Start Act); 

22 and 

23 ‘‘(6) ensure that a Native American language 

24 becomes the dominant medium of instruction in the 

25 Native American language nest not later than 3 


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1 years after the date on which the Native American 

2 language nest first receives funding under this title. 

3 ‘‘(c) PRIORITY.—In making grants or entering into 

4 contracts under this section, the Secretary shall give pri5 ority to— 

6 ‘‘(1) previously federally funded Native Amer7 ican language nest programs that continue to dem8 onstrate full use of their target Native American 

9 language or languages in all aspects of their pro10 gram; 

11 ‘‘(2) previously federally funded Native Amer12 ican language survival school programs that con13 tinue to demonstrate no less than 80 percent use of 

14 their target Native American language in all aspects 

15 of their program; 

16 ‘‘(3) maximum geographic, linguistic, and tribal 

17 diversity in each funding period; 

18 ‘‘(4) the provision of direct educational services; 

19 ‘‘(5) applicants that have the support of each 

20 appropriate tribal government; and 

21 ‘‘(6) applicants that have researched language 

22 revitalization and the unique characteristics and cir23 cumstances of the languages of their schools. 


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1 ‘‘SEC. 109. NATIVE AMERICAN LANGUAGE SURVIVAL 

2 SCHOOLS. 

3 ‘‘(a) IN GENERAL.—The Secretary may make grants 

4 to, or enter into contracts with, Native American language 

5 educational organizations, Native American language col6 leges, Indian tribal governments, or consortia of such enti7 ties, to operate, expand, and increase the number of Na8 tive American language survival schools throughout the 

9 United States and the territories and possessions of the 

10 United States for Native American children and Native 

11 American language-speaking children. 

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

13 under subsection (a), a Native American language edu14 cational organization, a Native American language college, 

15 an Indian tribal government, or a consortium of such enti16 ties— 

17 ‘‘(1) shall have at least 3 years experience in 

18 operating and administering— 

19 ‘‘(A) a Native American language survival 

20 school; 

21 ‘‘(B) a Native American language nest; or 

22 ‘‘(C) any other educational program in 

23 which instruction is conducted in a Native 

24 American language; 

25 ‘‘(2) shall include students who are subject to 

26 State compulsory education laws; and 


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1 ‘‘(3) may include— 

2 ‘‘(A) students from infancy through grade 

3 12; and 

4 ‘‘(B) the families of the students. 

5 ‘‘(c) PRIORITY.—In making grants or entering into 

6 contracts under this section, the Secretary shall give pri7 ority to— 

8 ‘‘(1) previously federally funded Native Amer9 ican language nest programs that continue to dem10 onstrate full use of their target Native American 

11 language or languages in all aspects of their pro12 gram; 

13 ‘‘(2) previously federally funded Native Amer14 ican language survival school programs that con15 tinue to demonstrate no less than 80 percent use of 

16 their target Native American language in all aspects 

17 of their program; 

18 ‘‘(3) maximum geographic, linguistic, and tribal 

19 diversity in each funding period; 

20 ‘‘(4) the provision of direct educational services; 

21 ‘‘(5) applicants that have the support of each 

22 appropriate tribal government; and 

23 ‘‘(6) applicants that have researched language 

24 revitalization and the unique characteristics and cir25 cumstances of the languages of their schools. 


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1 ‘‘(d) USE OF FUNDS.— 

2 ‘‘(1) REQUIRED USES.—A Native American lan3 guage survival school receiving funds under this sec4 tion— 

5 ‘‘(A) shall consist of not less than 700 

6 hours of instruction per student conducted an7 nually through 1 or more Native American lan8 guages for at least 15 students for whom a Na9 tive American language survival school is their 

10 principal place of instruction; 

11 ‘‘(B) shall provide direct educational serv12 ices and school support services to students, 

13 which may include— 

14 ‘‘(i) support services for children with 

15 special needs; 

16 ‘‘(ii) transportation; 

17 ‘‘(iii) boarding; 

18 ‘‘(iv) food service; 

19 ‘‘(v) teacher and staff housing; 

20 ‘‘(vi) purchase of basic materials; 

21 ‘‘(vii) adaptation of teaching mate22 rials; 

23 ‘‘(viii) translation and development; 

24 and 

25 ‘‘(ix) other appropriate services; 


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1 ‘‘(C)(i) shall provide direct or indirect edu2 cational and support services for the families of 

3 enrolled students on site, through colleges, or 

4 through other means to increase the families’ 

5 knowledge and use of the Native American lan6 guage and culture; and 

7 ‘‘(ii) may impose a requirement of family 

8 participation as a condition of student enroll9 ment; and 

10 ‘‘(D) shall ensure that within 3 years of 

11 enrollment, all students achieve functional flu12 ency in a Native American language that is ap13 propriate to the unique circumstances and 

14 endangerment status of the Native American 

15 language, with the ultimate goal of academic or 

16 cognitive fluency. 

17 ‘‘(2) PERMISSIBLE USES.—A Native American 

18 language survival school receiving funds under this 

19 section may— 

20 ‘‘(A) include Native American language 

21 nests and other educational programs for stu22 dents who— 

23 ‘‘(i) are not Native American lan24 guage speakers; but 

25 ‘‘(ii) seek— 


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1 ‘‘(I) to establish fluency through 

2 instruction in a Native American lan3 guage; or 

4 ‘‘(II) to reestablish fluency as de5 scendants of Native American lan6 guage speakers; 

7 ‘‘(B) provide instruction through more 

8 than 1 language; 

9 ‘‘(C) provide instruction through a regional 

10 program (as opposed to 1 site) to better serve 

11 geographically dispersed students; 

12 ‘‘(D) include a program of concurrent and 

13 summer college or university education course 

14 enrollment for secondary school students en15 rolled in the Native American language survival 

16 school; 

17 ‘‘(E) provide special support for Native 

18 American languages for which there are very 

19 few or no remaining Native American language 

20 speakers; 

21 ‘‘(F) develop comprehensive curricula in 

22 Native American language instruction and in23 struction through Native American languages, 

24 including— 


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1 ‘‘(i) curricula that can be used by 

2 public schools for— 

3 ‘‘(I) instruction through a Native 

4 American language; or 

5 ‘‘(II) teaching Native American 

6 languages as subjects; 

7 ‘‘(ii) community Native American lan8 guage use in communities served by Native 

9 American language survival schools; and 

10 ‘‘(iii) knowledge of a specific Native 

11 American language gained through re12 search for the purpose of directly aiding 

13 the development of curriculum materials; 

14 ‘‘(G) provide programs in pre-service and 

15 in-service teacher training, staff training, per16 sonnel development, upgrading of teacher and 

17 staff skills, and community resource develop18 ment training, that shall include a program 

19 component that has as the objective of the pro20 gram component increased speaking proficiency 

21 in Native American languages for teachers and 

22 staff employed in Native American language 

23 survival schools and Native American language 

24 nests, which may include— 


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1 ‘‘(i) visits or exchanges among Native 

2 American language survival schools and 

3 Native American language nests of teach4 ers, staff, students, or families of students; 

5 ‘‘(ii) participation in conferences or 

6 special nondegree programs focusing on 

7 the use of 1 or more Native American lan8 guages for the education of teachers, staff, 

9 students, or families of students; 

10 ‘‘(iii) subject to paragraph (3), full or 

11 partial scholarships and fellowships to col12 leges or universities— 

13 ‘‘(I) to provide for the profes14 sional development of faculty and 

15 staff; 

16 ‘‘(II) to meet requirements for 

17 the involvement of the family or the 

18 community of Native American lan19 guage survival school students in Na20 tive American language survival 

21 schools; and 

22 ‘‘(III) to develop resource per23 sonnel for Native American language 

24 programs in public schools; 


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1 ‘‘(iv) training in the language and cul2 ture associated with a Native American 

3 language survival school that is provided 

4 by a community or academic expert, in5 cluding credit courses; 

6 ‘‘(v) structuring of personnel oper7 ations to support Native American lan8 guage and cultural fluency and program 

9 effectiveness; 

10 ‘‘(vi) Native American language plan11 ning, documentation, reference material, 

12 and archives development; and 

13 ‘‘(vii) recruitment for participation in 

14 teacher, staff, student, and community de15 velopment; or 

16 ‘‘(H) rent, lease, purchase, construct, 

17 maintain, or repair educational facilities to en18 sure the academic achievement of Native Amer19 ican language survival school students. 

20 ‘‘(3) REQUIREMENTS FOR RECIPIENTS OF FEL21 LOWSHIPS OR SCHOLARSHIPS.—A recipient of a fel22 lowship or scholarship under paragraph (2)(G)(iii) 

23 who is enrolled in a program leading to a degree or 

24 certificate shall— 


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

2 language of the Native American language sur3 vival school, if such program is available 

4 through that Native American language; 

5 ‘‘(B) complete a minimum annual number 

6 of hours in Native American language study or 

7 training during the period of the fellowship or 

8 scholarship; and 

9 ‘‘(C) enter into a contract that obligates 

10 the recipient to provide the recipient’s profes11 sional services, during the period of the fellow12 ship or scholarship or on completion of a degree 

13 or certificate, in Native American language in14 struction in the Native American language as15 sociated with the Native American language 

16 survival school in which the service obligation is 

17 to be fulfilled. 

18 ‘‘SEC. 110. DEMONSTRATION PROGRAMS. 

19 ‘‘(a) ESTABLISHMENT.—The Secretary shall make 

20 grants, or enter into contracts, to establish 4 demonstra21 tion programs that will provide assistance to Native Amer22 ican language survival schools and Native American lan23 guage nests. 

24 ‘‘(b) LOCATIONS AND PURPOSES.—The demonstra25 tion programs shall be established through grants to— 


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1 ‘‘(1) the ‘Aha Pu ̄nana Leo, Inc. in consortium 

2 with Ka Haka ‘Ula O Ke’eliko ̄lani, and with other 

3 entities if determined to be appropriate by the ‘Aha 

4 Pu ̄nana Leo, Inc.— 

5 ‘‘(A) for conduct of a demonstration pro6 gram in the development and operation of the 

7 various private/public partnership components 

8 of a comprehensive regional Native American 

9 language survival school program integrated 

10 with a Native American language college using 

11 the Native American language from the bacca12 laureate to graduate school level; and 

13 ‘‘(B) for the provision of assistance in the 

14 establishment, operation, and administration of 

15 Native American language nests and Native 

16 American language survival schools by such 

17 means as— 

18 ‘‘(i) training; 

19 ‘‘(ii) hosting informational visits to 

20 demonstration sites; and 

21 ‘‘(iii) providing a national clearing22 house for data and information relevant 

23 to— 

24 ‘‘(I) teaching Native American 

25 languages; 


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1 ‘‘(II) conducting outreach; 

2 ‘‘(III) offering courses; 

3 ‘‘(IV) providing conferences; and 

4 ‘‘(V) carrying out other activities; 

5 ‘‘(2) the Piegan Institute of Browning, Mon6 tana, for demonstration of the operation of a Native 

7 American language nest and Native American lan8 guage survival school; 

9 ‘‘(3) the governing board of Window Rock Uni10 fied School District No. 8 and its Indian Education 

11 Committee on the Navajo Reservation for dem12 onstration of the operation of Tse ́hootsooı ́ Dine ́

13 Bi’o ́lta’ as a Native American language survival 

14 school; and 

15 ‘‘(4) the Alaskan Federation of Natives, in con16 sortium with other entities as the Alaska Native 

17 Language Center advises to be appropriate, for the 

18 conduct of a demonstration program, training, out19 reach, conferences, and visitation programs, and for 

20 scientific research-based provision of other assist21 ance, in developing— 

22 ‘‘(A) orthographies; 

23 ‘‘(B) resource materials; 

24 ‘‘(C) language documentation; 

25 ‘‘(D) language preservation; 


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1 ‘‘(E) material archiving; and 

2 ‘‘(F) community support for development, 

3 for diverse languages, and for Native American 

4 language nest and Native American survival 

5 school initiatives in the Lower Kuskokwim 

6 School District and other sites as appropriate. 

7 ‘‘(c) USE OF TECHNOLOGY.—The demonstration pro8 grams established under this section may employ syn9 chronic and asynchronic telecommunications and other ap10 propriate means to maintain coordination and cooperation 

11 among the programs and with participating Native Amer12 ican language survival schools and Native American lan13 guage nests. 

14 ‘‘(d) SITE VISIT EVALUATIONS.—The demonstration 

15 programs established under this section shall provide di16 rection to the Secretary in developing a site visit evalua17 tion of Native American language survival schools and Na18 tive American language nests. 

19 ‘‘(e) FOLLOW-UP AND DATA COLLECTION.—A dem20 onstration program established under this section may 

21 conduct follow-up data collection and analysis on students 

22 while the students are in school— 

23 ‘‘(1) to assess how Native American language 

24 survival school students are performing in compari25 son with other students; and 


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1 ‘‘(2) to identify instructional methods that are 

2 working and instructional methods that are not 

3 working. 

4 ‘‘(f) ENDOWMENTS AND FACILITIES.—A demonstra5 tion program established under this section may— 

6 ‘‘(1) establish endowments to further the activi7 ties of the demonstration program relating to the 

8 study and preservation of Native American lan9 guages; and 

10 ‘‘(2) use funds to provide for the rental, lease, 

11 purchase, construction, maintenance, and repair of 

12 facilities.’’. 

13 SEC. 5. NATIVE AMERICAN LANGUAGE EDUCATION ACCESS. 

14 The Native American Languages Act (25 U.S.C. 

15 2901 et seq.), as amended by section 4, is further amend16 ed by adding at the end the following: 

17 ‘‘SEC. 111. DEMONSTRATION OF APPROPRIATE TRAINING 

18 AND OUTCOMES. 

19 ‘‘(a) IN GENERAL.—The Secretary shall recognize 

20 the unique circumstances of education in Native American 

21 languages and shall provide for the meeting of national 

22 educational standards through alternative means in the 

23 area of Native American language education. 

24 ‘‘(b) TRAINING AND QUALIFICATION REQUIREMENTS

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1 GUAGE SURVIVAL SCHOOLS AND NATIVE AMERICAN LAN2 GUAGE NESTS.— 

3 ‘‘(1) IN GENERAL.—Notwithstanding any other 

4 Federal law requiring teacher or educational or ad5 ministrative staff training or qualifications (includ6 ing section 1119 of the Elementary and Secondary 

7 Education Act of 1965), any Native American lan8 guage survival school or Native American language 

9 nest shall have the option of satisfying Federal re10 quirements of appropriate training and qualifications 

11 for any of its teachers and staff by demonstration of 

12 annual satisfactory progress in an alternative certifi13 cation program that the school or language nest de14 velops for its individual teachers and staff members. 

15 ‘‘(2) ALTERNATIVE CERTIFICATION PRO16 GRAMS.—Such alternative certification programs 

17 shall— 

18 ‘‘(A) be based on— 

19 ‘‘(i) high academic achievement in 

20 content areas for contemporary education; 

21 ‘‘(ii) high achievement in the Native 

22 American language and culture of instruc23 tion; and 


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1 ‘‘(iii) high achievement in pedagogy 

2 appropriate to the Native American culture 

3 of instruction; 

4 ‘‘(B) include an annual report on progress 

5 made in meeting the plan; 

6 ‘‘(C) be submitted annually to the approv7 ing entity under subparagraph (D) by January 

8 31; and 

9 ‘‘(D) be approved or rejected by July 15— 

10 ‘‘(i) by the teacher certification unit 

11 of a Native American language college for 

12 cases where such a college agrees to be the 

13 approving entity; or 

14 ‘‘(ii) by any other entity or entities 

15 which the Secretary shall recognize or es16 tablish for such purposes. 

17 ‘‘(c) PERFORMANCE ASSESSMENTS OF STUDENTS, 

18 TEACHERS AND STAFF IN NATIVE AMERICAN LANGUAGE

19 SURVIVAL SCHOOLS AND NATIVE AMERICAN LANGUAGE

20 NESTS.—Notwithstanding any other Federal law requir21 ing performance assessments of students, teachers, or 

22 staff (including sections 1111 and 9101(23) of the Ele23 mentary and Secondary Education Act of 1965), any Na24 tive American language survival school or Native Amer25 ican language nest— 


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1 ‘‘(1) shall have the option of satisfying Federal 

2 performance assessment requirements through an3 nual demonstration of appropriate student, teacher, 

4 or staff performance in an evaluation and research 

5 instrument package that the school or language nest 

6 develops; and 

7 ‘‘(2) such alternative evaluation and research 

8 instrument packages shall— 

9 ‘‘(A) be based on— 

10 ‘‘(i) high global academic achieve11 ment; 

12 ‘‘(ii) high achievement in the Native 

13 American language and culture of instruc14 tion; and 

15 ‘‘(iii) the curriculum of the program; 

16 ‘‘(B) include a report on achievement dur17 ing the previous year relative to the evaluation; 

18 ‘‘(C) be submitted annually to the approv19 ing entity under subparagraph (D) by July 31; 

20 and 

21 ‘‘(D) be approved or rejected by February 

22 1— 

23 ‘‘(i) by the teacher certification unit 

24 of a Native American language college for 


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1 cases where such a college agrees to be the 

2 approving entity; or 

3 ‘‘(ii) by any other entity or entities 

4 which the Secretary shall recognize or es5 tablish for such purposes. 

6 ‘‘(d) TRAINING AND QUALIFICATIONS OF OTHER

7 TEACHERS AND PARAPROFESSIONALS IN THE FIELD OF

8 NATIVE AMERICAN LANGUAGES.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 Federal law requiring teacher or staff training or 

11 qualifications, any teacher or paraprofessional who 

12 solely teaches a Native American language or culture 

13 or who works as a paraprofessional to provide bilin14 gual education assistance to a teacher of Native 

15 American children shall have the option of satisfac16 torily demonstrating appropriate qualifications for 

17 employment under Federal law (including section 

18 9101(23) of the Elementary and Secondary Edu19 cation Act of 1965) through— 

20 ‘‘(A) certification by an Indian tribe asso21 ciated with the language used by the teacher or 

22 paraprofessional; 

23 ‘‘(B) designation as a qualified Native 

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1 ated with the language used by the teacher or 

2 paraprofessional; 

3 ‘‘(C) designation as a qualified Native 

4 American language expert by the teacher cer5 tification unit of a Native American language 

6 college; or 

7 ‘‘(D) participation in an alternative certifi8 cation program under subsection (b) in associa9 tion with a consenting Native American lan10 guage survival school or Native American lan11 guage nest when such a school or language nest 

12 exists for the target language. 

13 ‘‘(2) EVIDENCE OF CERTIFICATION.—For pur14 poses of paragraph (1), evidence of certification or 

15 designation under such paragraph shall be provided 

16 to the State in which the program is located. 

17 ‘‘(3) REVIEW OF CERTIFICATION.—Certification 

18 granted by an Indian tribe under paragraph (1)(A), 

19 designation granted by a Native American language 

20 educational organization or a teacher certification 

21 unit under paragraph (1)(B) or (C), and certifi22 cation granted through an alternative certification 

23 program pursuant to paragraph (1)(D), shall be 

24 subject to review by the granting entity every 5 

25 years (or more frequently if the granting entity deVerDate Aug 31 2005 17:18 Apr 30, 2006 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5222.IH H5222

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1 termines appropriate) and may be revoked by the 

2 granting entity. 

3 ‘‘SEC. 112. PROHIBITIONS ON RESTRICTIONS ON NATIVE 

4 AMERICAN LANGUAGE USE IN FEDERALLY 

5 FUNDED EDUCATIONAL ENTITIES. 

6 ‘‘(a) ESTABLISHMENT.—Notwithstanding any other 

7 Federal law, no Federal agency, State educational agency, 

8 local educational agency, early childhood education pro9 gram, institution of higher education, educational service 

10 agency, or any other entity providing or receiving edu11 cational assistance under any Federal Act shall fail to rec12 ognize and support the right of Native Americans to ex13 press themselves in Native American languages in publicly 

14 supported education. 

15 ‘‘(b) PERFORMANCE ASSESSMENTS AND QUALIFICA16 TIONS.—Notwithstanding any other Federal law, no Fed17 eral agency, State educational agency, local educational 

18 agency, early childhood education program, institution of 

19 higher education, educational service agency, or any other 

20 entity providing or receiving educational assistance under 

21 any Federal Act shall fail to recognize as meeting Federal 

22 requirements any of the following: 

23 ‘‘(1) Satisfactory scores on performance assess24 ments of students, staff, and teachers carried out 

25 consistent with section 111. 


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1 ‘‘(2) Training and qualifications of teachers, 

2 staff, and paraprofessionals carried out consistent 

3 with section 111. 

4 ‘‘(c) ADMINISTRATION, DEVELOPMENT, AND DELIV5 ERY OF PROGRAMS.— 

6 ‘‘(1) SUBSTITUTION OF NATIVE AMERICAN LAN7 GUAGE.—Notwithstanding any other Federal law, no 

8 Federal agency, State educational agency, local edu9 cational agency, early childhood education program, 

10 institution of higher education, educational service 

11 agency, or any other entity providing or receiving 

12 educational assistance under any Federal Act shall 

13 fail to allow substitution of a Native American lan14 guage in serving Native Americans where English is 

15 otherwise required for the administration, develop16 ment, or delivery of programs. 

17 ‘‘(2) MODEL FOR DEVELOPING ENGLISH LAN18 GUAGE SKILLS.—Notwithstanding any other Federal 

19 law, Native American language survival schools and 

20 Native American language nests that follow a model 

21 endorsed by a teacher certification unit of a Native 

22 American language college for developing English 

23 language skills shall be considered as meeting any 

24 requirements relative to the teaching of English. 


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1 ‘‘(d) STUDENT ACCESS TO NATIVE AMERICAN LAN2 GUAGE PROGRAMS.—Notwithstanding any other Federal 

3 law, no Federal agency, State educational agency, local 

4 educational agency, early childhood education program, in5 stitution of higher education, educational service agency, 

6 or any other entity controlling or funding the educational 

7 curriculum of Native American students and providing or 

8 receiving educational assistance under any Federal Act 

9 shall deny the request of the parents of 15 or more such 

10 Native American students in the same school or edu11 cational site for a particular program using or teaching 

12 a particular Native American language for their children 

13 if— 

14 ‘‘(1) the parents have identified a willing teach15 er who meets the applicable Federal and State re16 quirements relative to qualifications and training; 

17 and 

18 ‘‘(2)(A) similar programs are provided for simi19 lar groups of students for other non-English lan20 guages at the school or educational site; 

21 ‘‘(B) the program is one of gradual transition 

22 to English medium education; 

23 ‘‘(C) the program is a Native American lan24 guage nest program; or 


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1 ‘‘(D) the program serves Native American lan2 guage speaking children with a Native American lan3 guage survival school program. 

4 ‘‘(e) COLLEGE CREDIT FOR PROFICIENCY IN NATIVE

5 AMERICAN LANGUAGES.—Notwithstanding any other 

6 Federal law, no institution of higher education receiving 

7 assistance under any Federal Act shall deny the request 

8 of a Native American student— 

9 ‘‘(1) to use secondary school study of a Native 

10 American language to meet entrance requirements to 

11 that institution of higher education when parallel 

12 quality and quantity of content in secondary school 

13 foreign language study is acceptable for such en14 trance requirements; 

15 ‘‘(2) to receive college credit applicable to gen16 eral requirements of a degree equivalent to college 

17 credit accorded study of a foreign language, or 

18 through a foreign language, at that institution of 

19 higher education— 

20 ‘‘(A) when the student has passed, at that 

21 institution of higher education, a college course 

22 in, or through, a Native American language, 

23 which is parallel in quantity and quality of con24 tent to a course in, or through, a foreign lanVerDate Aug 31 2005 17:18 Apr 30, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5222.IH H5222

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1 guage offered at that institution of higher edu2 cation; 

3 ‘‘(B) when the student has taken, at an4 other institution, a college course in, or 

5 through, a Native American language which is 

6 parallel in quantity and quality of content to a 

7 course in, or through, a foreign language of8 fered at that institution of higher education; or 

9 ‘‘(C) when the student demonstrates 

10 through an appropriate examination, proficiency 

11 in a Native American language equivalent to 

12 the level of proficiency in a foreign language for 

13 which credit is given by that institution of high14 er education; or 

15 ‘‘(3) to have an equitable prorated fraction of 

16 his or her tuition used to hire a teacher or contract 

17 a program provider in any particular Native Amer18 ican language if— 

19 ‘‘(A) the student is part of a group of at 

20 least 15 Native American students with the 

21 same or different Native American language in22 terests making such a request for the same aca23 demic year; 

24 ‘‘(B) the students have identified a teacher 

25 or teachers qualified under section 111(b) as a 


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1 potential hire of the institution of higher edu2 cation or pursuant to contracted services from 

3 a program provider; 

4 ‘‘(C) the course offered or the program 

5 provided, which may be a distance education 

6 program or a summer program, is to be parallel 

7 in quantity and quality of content to a course 

8 in, or through, a foreign language offered for 

9 credit by the institution of higher education; 

10 and 

11 ‘‘(D) the program provider is, or is specifi12 cally endorsed by, an Indian tribe, a Native 

13 American language college, or a Native Amer14 ican language educational organization associ15 ated with the language to be taught. 

16 ‘‘SEC. 113. PARTICIPATION BY PRIVATE EDUCATION ENTI17 TIES AND CHARTER SCHOOLS. 

18 ‘‘(a) ESTABLISHMENT.—The Secretary shall provide 

19 for the inclusion of support for Native American language 

20 nests and Native American language survival schools in 

21 Federal support for private education and charter schools, 

22 shall assure that such support is coordinated as part of 

23 a unified effort for Native American language revitaliza24 tion, and shall look to Native American language edu25 cational organizations to lead coordinated public-private 


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1 cooperative efforts to revitalize Native American lan2 guages. 

3 ‘‘(b) RELATING TO CHARTER SCHOOLS.—Notwith4 standing any other Federal law, no State educational 

5 agency or local educational agency receiving Federal fund6 ing to fund charter schools shall exclude the granting of 

7 a charter and funding for a Native American language 

8 nest or Native American language survival school based 

9 on— 

10 ‘‘(1) use of a Native American language as its 

11 medium of instruction when approved by a tribe as12 sociated with the language of instruction, or as ap13 propriate, a Native American language organization 

14 associated with the language of instruction; 

15 ‘‘(2) action or inaction to comply with this Act; 

16 ‘‘(3) curriculum, if that curriculum is approved 

17 by the teacher certification unit of a Native Amer18 ican language college; 

19 ‘‘(4) geographic location if that location is with20 in boundaries served for other public educational 

21 purposes by that State educational agency or local 

22 educational agency, to include Indian Reservations 

23 and other lands associated with Native Americans; 

24 or 


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1 ‘‘(5) joint administration with other schools, in2 cluding other charter schools, when such administra3 tion is by a Native American language educational 

4 organization that provides programing meeting the 

5 definition of a Native American language nest or 

6 Native American language survival school. 

7 ‘‘(c) RELATING TO FEDERAL SUPPORT OF PRIVATE

8 EDUCATION.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 Federal law, no State educational agency or local 

11 educational agency receiving Federal funding to 

12 fund education in private schools shall exclude such 

13 support to a private Native American language nest 

14 program or to a private Native American language 

15 survival school program based on— 

16 ‘‘(A) use of a Native American language as 

17 its medium of instruction when approved by a 

18 tribe associated with the language of instruc19 tion, or as appropriate, a Native American lan20 guage organization associated with the language 

21 of instruction; 

22 ‘‘(B) action or inaction to comply with this 

23 Act; 


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1 ‘‘(C) curriculum, if that curriculum is ap2 proved by the teacher certification unit of a Na3 tive American language college; 

4 ‘‘(D) geographic location if that location is 

5 within boundaries served for public educational 

6 purposes by that State educational agency or by 

7 that local educational agency, to include Indian 

8 Reservations and other lands associated with 

9 Native Americans; or 

10 ‘‘(E) joint administration with other 

11 schools. 

12 ‘‘(2) BYPASS.—When State or local law pre13 cludes the support of private education by the State 

14 educational agency or the local educational agency, 

15 Native American language educational organizations 

16 shall be used by the Federal Government to fund 

17 private Native American language nests, private Na18 tive American language survival schools, and other 

19 Native American language programs in private 

20 schools to the extent that entities other than a State 

21 educational agency or a local educational agency are 

22 allowed to serve this purpose under Federal law.’’. 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 The Native American Languages Act (25 U.S.C. 

3 2901 et seq.), as amended by section 5, is further amend4 ed by adding at the end the following: 

5 ‘‘SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘There are authorized to be appropriated to carry out 

7 this title such sums as are necessary for each of fiscal 

8 years 2007 through 2012.’’. 

Æ 


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