I

107TH CONGRESS

1ST SESSION H. R. 1337

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 3, 2001

Mrs. MINK of Hawaii (for herself, Mr. ABERCROMBIE, and Mr. KENNEDY of

Rhode Island) 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 Act Amendments Act of 2001’’.

6 SEC. 2. PURPOSE.

7 The purposes of this Act are as follows:

8 (1) To encourage and support the development

9 of Native American Language Survival Schools as
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1 innovative means of addressing the effects of past

2 discrimination 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) To demonstrate the positive effects of Na11 tive American Language Survival Schools on the

12 academic success of Native American students and

13 their mastery of standard English.

14 (3) To encourage and support the involvement

15 of families in the educational and cultural survival

16 efforts of Native American Language Survival

17 Schools.

18 (4) To encourage communication, cooperation,

19 and educational exchange among Native American

20 Language Survival Schools and their administrators.

21 (5) To provide support for Native American

22 Language Survival School facilities and endowments.

23 (6) To provide support for Native American

24 Language Nests either as part of Native American

25 Language Survival Schools or as separate programs
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1 that will be developed into more comprehensive Na2 tive American Language Survival Schools.

3 (7) To support the development of local and na4 tional models that can be disseminated to the public

5 and made available to other schools as exemplary

6 methods of teaching Native American students.

7 (8) To develop a support center system for Na8 tive American Survival Schools at the university

9 level.

10 SEC. 3. DEFINITIONS.

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

12 2902) is amended to read as follows:

13 ‘‘DEFINITIONS

14 ‘‘SEC. 103. For the purposes of this title, the fol15 lowing definitions apply:

16 ‘‘(1) INDIAN.—The term ‘Indian’ has the mean17 ing given that term in section 9161 of the Elemen18 tary and Secondary Education Act of 1965 (20

19 U.S.C. 7881).

20 ‘‘(2) INDIAN TRIBAL GOVERNMENT; INDIAN

21 TRIBE.—The terms ‘Indian tribal government’ and

22 ‘Indian tribe’ mean any Indian tribe, band, nation,

23 or other organized group or community, including

24 any Alaska Native village or regional or village cor25 poration as defined in or established pursuant to the

26 Alaska Native Claims Settlement Act (43 U.S.C.
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1 1601 et seq.), which is recognized as eligible for the

2 special programs and services provided by the

3 United States to Indians because of their status as

4 Indians.

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

6 reservation’ has the meaning given the term ‘res7 ervation’ in section 3 of the Indian Financing Act of

8 1974 (25 U.S.C. 1452).

9 ‘‘(4) NATIVE AMERICAN.—The term ‘Native

10 American’ means an Indian, Native Hawaiian, or

11 Native American Pacific Islander.

12 ‘‘(5) NATIVE AMERICAN LANGUAGE.—The term

13 ‘Native American language’ means the historical,

14 traditional languages spoken by Native Americans.

15 ‘‘(6) NATIVE AMERICAN LANGUAGE COLLEGE.—

16 The term ‘Native American Language College’

17 means—

18 ‘‘(A) a tribally controlled community col19 lege or university (as defined in section 2 of the

20 Tribally Controlled Community College Assist21 ance Act of 1978 (25 U.S.C. 1801)) or a col22 lege applying for a Native American Language

23 Survival School in a Native American language

24 which that college regularly offers as part of its

25 curriculum and which has the support of an In-
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1 dian tribal government traditionally affiliated

2 with that Native American language; or

3 ‘‘(B) Ka Haka ‘Ula O Ke’elikolani College.

4 ‘‘(7) NATIVE AMERICAN LANGUAGE EDU5 CATIONAL ORGANIZATION.—The term ‘Native Amer6 ican Language Educational Organization’ means an

7 organization that—

8 ‘‘(A) is governed by a board consisting pri9 marily of Native Americans and as many speak10 ers of 1 or more Native American languages as

11 possible;

12 ‘‘(B) is currently providing instruction

13 through the use of a Native American language

14 to at least 10 preschool, elementary, or high

15 school students for at least 700 hours of in16 struction per year per student;

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

18 least 10 preschool, elementary, or high school

19 students through a Native American language

20 for at least 700 hours per year per student for

21 not less than 3 years prior to applying for a

22 grant under this Act; and

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

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

25 (C).
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1 ‘‘(8) NATIVE AMERICAN LANGUAGE NEST.—The

2 term ‘Native American Language Nest’ means a

3 site-based educational program, enrolling families

4 with children below the age of 7, which is conducted

5 through a Native American language for at least

6 700 hours per year per student with the specific goal

7 of strengthening, revitalizing, or reestablishing a Na8 tive American language and culture as a living lan9 guage and culture of daily life.

10 ‘‘(9) NATIVE AMERICAN LANGUAGE SURVIVAL

11 SCHOOL.—The term ‘Native American Language

12 Survival School’ means a Native American language

13 dominant site-based educational program which ex14 pands from a Native American Language Nest, ei15 ther as a separate entity or inclusive of a Native

16 American Language Nest, to enroll families with

17 children eligible for elementary or secondary edu18 cation and which provides a complete education

19 through a Native American language with the spe20 cific goal of strengthening, revitalizing, or reestab21 lishing a Native American language and culture as

22 a living language and culture of daily life.

23 ‘‘(10) NATIVE AMERICAN PACIFIC ISLANDER.—

24 The term ‘Native American Pacific Islander’ means

25 any descendant of the aboriginal people of any is-
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1 land in the Pacific Ocean that is a territory or pos2 session of the United States.

3 ‘‘(11) NATIVE HAWAIIAN.—The term ‘Native

4 Hawaiian’ has the meaning given that term in sec5 tion 9212 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 7912).

7 ‘‘(12) SECRETARY.—The term ‘Secretary’

8 means the Secretary of Education.

9 ‘‘(13) TRADITIONAL LEADERS.—The term ‘tra10 ditional leaders’ includes Native Americans who have

11 special expertise in Native American culture and Na12 tive American languages.

13 ‘‘(14) TRIBAL ORGANIZATION.—The term ‘trib14 al organization’ has the meaning given that term in

15 section 4 of the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 450b).’’.

17 SEC. 4. NATIVE AMERICAN LANGUAGE NESTS AND SUR18 VIVAL SCHOOLS.

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

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

21 sections:

22 ‘‘GENERAL AUTHORITY

23 ‘‘NATIVE AMERICAN LANGUAGE NESTS

24 ‘‘SEC. 108. (a) IN GENERAL.—The Secretary is au25 thorized to provide funds, through grant or contract, to

26 Native American Language Educational Organizations,
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1 Native American Language Colleges, Indian tribal govern2 ments, organizations that demonstrate the potential to be3 come Native American Language Educational Organiza4 tions, or a consortia of such organizations, colleges, or

5 tribal governments for the purpose of establishing Native

6 American Language Nest programs for students below the

7 age of 7 and their families.

8 ‘‘(b) REQUIREMENTS.—A Native American Lan9 guage Nest program receiving funds under this section

10 shall—

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

12 the use of a Native American language for at least

13 10 children below the age of 7 for at least 700 hours

14 per year per student;

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

16 students enrolled in a Native American Language

17 Nest in a Native American language, including Na18 tive American language speaking parents;

19 ‘‘(3) provide compulsory monthly meetings for

20 parents and other family members of students en21 rolled in a Native American Language Nest;

22 ‘‘(4) provide a preference in enrollment for stu23 dents and families who are fluent in a Native Amer24 ican language;
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1 ‘‘(5) receive at least 5 percent of its funding

2 from another source, which may include federally

3 funded programs, such as a Head Start program

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

5 et seq.); and

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

7 becomes the dominant medium of instruction in the

8 Native American Language Nest not later than 6

9 years after first receiving funding under this title.

10 ‘‘NATIVE AMERICAN LANGUAGE SURVIVAL SCHOOLS

11 ‘‘SEC. 109. (a) IN GENERAL.—The Secretary is au12 thorized to provide funds, through grant or contract, to

13 Native American Language Educational Organizations,

14 Native American Language Colleges, Indian tribal govern15 ments, or a consortia of such organizations, colleges, or

16 tribal governments to operate, expand, and increase Na17 tive American Language Survival Schools throughout the

18 United States and its territories for Native American chil19 dren and Native American language speaking children, in20 cluding through the provision of direct educational services

21 and school support services.

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

23 under subsection (a), a Native American Language Edu24 cational Organization, a Native American Language Col25 lege, an Indian tribal government, or a consortia of such

26 organizations, colleges, or tribal governments—
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1 ‘‘(1) shall—

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

3 operating and administering a Native American

4 Language Survival School, a Native American

5 Language Nest, or other educational programs

6 in which instruction is conducted in a Native

7 American language; and

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

9 State compulsory education laws; and

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

11 grade 12, as well as their families.

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

13 contracts, the Secretary shall give priority to—

14 ‘‘(1) the provision of direct educational services;

15 ‘‘(2) applicants with the support of the appro16 priate tribal government or governments; and

17 ‘‘(3) applicants that have researched language

18 revitalization and the unique characteristics and cir19 cumstances of the languages of their schools.

20 ‘‘(d) USE OF FUNDS.—

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

22 Language Survival School receiving funds under this

23 section shall—

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

25 instruction per student conducted annually
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1 through a Native American language or lan2 guages for at least 15 students for whom a Na3 tive American Language Survival School is

4 their principal place of instruction;

5 ‘‘(B) provide direct educational services

6 and school support services to students that

7 may also include—

8 ‘‘(i) support services for children with

9 special needs;

10 ‘‘(ii) transportation;

11 ‘‘(iii) boarding;

12 ‘‘(iv) food service;

13 ‘‘(v) teacher and staff housing;

14 ‘‘(vi) purchase of basic materials;

15 ‘‘(vii) adaptation of teaching mate16 rials;

17 ‘‘(viii) translation and development; or

18 ‘‘(ix) other appropriate services;

19 ‘‘(C) provide direct or indirect educational

20 and support services for the families of enrolled

21 students on site, through colleges, or through

22 other means to increase their knowledge and

23 use of the Native American language and cul24 ture, and may impose a requirement of family
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1 participation as a condition of student enroll2 ment; and

3 ‘‘(D) ensure that within 3 years of enroll4 ment, all students achieve functional fluency

5 appropriate to the unique circumstances and

6 endangerment status of that Native American

7 language with the ultimate goal of academic or

8 cognitive fluency.

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

10 Language Survival School receiving funds under this

11 section may—

12 ‘‘(A) include Native American Language

13 Nests and other educational programs for stu14 dents who are not Native American language

15 speakers but who seek to establish fluency

16 through instruction in a Native American lan17 guage or to reestablish fluency as descendants

18 of Native American language speakers;

19 ‘‘(B) provide instruction through more

20 than 1 language;

21 ‘‘(C) provide instruction through a regional

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

23 geographically dispersed students;

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

25 summer college or university education course
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1 enrollment for secondary school students en2 rolled in Native American Language Survival

3 Schools, as appropriate;

4 ‘‘(E) provide special support for Native

5 American languages for which there are very

6 few or no remaining Native American language

7 speakers;

8 ‘‘(F) develop comprehensive curricula in

9 Native American language instruction and in10 struction through Native American languages

11 including—

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

13 public schools for instruction through a

14 Native American language or teaching Na15 tive American languages as subjects;

16 ‘‘(ii) community Native American lan17 guage use in communities served by Native

18 American Language Survival Schools; and

19 ‘‘(iii) knowledge of a specific Native

20 American language gained through re21 search for the purpose of directly aiding

22 the development of curriculum materials;

23 ‘‘(G) provide programs in preservice and

24 inservice teacher training, staff training, per25 sonnel development programs, programs to up-
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1 grade teacher and staff skills, and community

2 resource development training, that shall in3 clude a program component which has as its

4 objective increased Native American language

5 speaking proficiency for teachers and staff em6 ployed in Native American Language Survival

7 Schools and Native American Language Nests,

8 which may include—

9 ‘‘(i) visits or exchanges among Native

10 American Language Survival Schools and

11 Native American Language Nests of school

12 or nest teachers, staff, students, or fami13 lies of students;

14 ‘‘(ii) participation in conference or

15 special nondegree programs focusing on

16 the use of a Native American language or

17 languages for the education of students,

18 teachers, staff, students, or families of stu19 dents;

20 ‘‘(iii) full or partial scholarships and

21 fellowships to colleges or universities for

22 the professional development of faculty and

23 staff, and to meet requirements for the in24 volvement of the family or the community

25 of Native American Language Survival
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1 School students in Native American Lan2 guage Survival Schools, and to develop re3 source persons for Native American lan4 guage programs in public schools, provided

5 that a recipient of a fellowship or scholar6 ship awarded under the authority of this

7 clause who is enrolled in a program leading

8 to a degree or certificate shall—

9 ‘‘(I) be trained in the Native

10 American language of the Native

11 American Language Survival School,

12 if such program is available through

13 that Native American language;

14 ‘‘(II) complete a minimum an15 nual number of hours in Native Amer16 ican language study or training dur17 ing the period of the fellowship or

18 scholarship; and

19 ‘‘(III) enter into a contract which

20 obligates the recipient to provide his

21 or her professional services, either

22 during the fellowship or scholarship

23 period or upon completion of a degree

24 or certificate, in Native American lan25 guage instruction in the Native Amer-
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1 ican language associated with the Na2 tive American Language Survival

3 School in which the service obligation

4 is to be fulfilled;

5 ‘‘(iv) training in the language and cul6 ture associated with a Native American

7 Language Survival School either under

8 community or academic experts in pro9 grams which may include credit courses;

10 ‘‘(v) structuring of personnel oper11 ations to support Native American lan12 guage and cultural fluency and program

13 effectiveness;

14 ‘‘(vi) Native American language plan15 ning, documentation, reference material

16 and archives development; or

17 ‘‘(vii) recruitment for participation in

18 teacher, staff, student, and community de19 velopment; or

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

21 maintain or repair educational facilities to en22 sure the academic achievement of Native Amer23 ican Language Survival School students.
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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 3 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 and operation of the various

15 components of a regional Native American Lan16 guage Survival School program and college level

17 Native American language teaching and use

18 that is supportive of Native American Lan19 guage Survival Schools; and

20 ‘‘(B) provide assistance in the establish21 ment, operation, and administration of Native

22 American Language Nests and Native Amer23 ican Language Survival Schools by such means

24 as training, hosting informational visits to dem25 onstration sites, and providing a national clear-
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1 inghouse for data and information relevant to

2 teaching Native American languages, outreach,

3 courses, conferences, and other means;

4 ‘‘(2) Piegan Institute of Browning, Montana to

5 demonstrate the operation of a Native American

6 Language Nest and Survival School; and

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

8 University of Alaska at Fairbanks, in consortium

9 with other entities as deemed appropriate by such

10 Center, to conduct a demonstration program, train11 ing, outreach, conferences, visitation programs, and

12 other assistance in developing orthographies, re13 source materials, language documentation, language

14 preservation, material archiving, and community

15 support development.

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

17 programs authorized to be established under this section

18 may employ synchronic and asynchronic telecommuni19 cations and other appropriate means to maintain coordi20 nation and cooperation with one another and with partici21 pating Native American Language Survival Schools and

22 Native American Language Nests.

23 ‘‘(c) DIRECTIONS TO THE SECRETARY.—The dem24 onstration programs authorized to be established under

25 this section shall provide direction to the Secretary in de-
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1 veloping a site visit evaluation of Native American Lan2 guage Survival Schools and Native American Language

3 Nests.

4 ‘‘(d) FOLLOWUP AND DATA COLLECTION.—The dem5 onstration programs authorized to be established under

6 this section may conduct followup data collection and anal7 ysis on students while they are in school to assess how

8 Survival School students are performing in comparison to

9 other students, as well as identify instructional methods

10 that are working and those methods which may not be

11 working.

12 ‘‘(e) ENDOWMENTS AND FACILITIES.—The dem13 onstration programs authorized to be established under

14 this section may establish endowments for the purpose of

15 furthering their activities relative to the study and preser16 vation of Native American languages, and may use funds

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

18 maintenance, and repair of facilities.

19 ‘‘AUTHORIZATION OF APPROPRIATIONS

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

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

22 authorized by this Act for each of fiscal years 2002

23 through 2007.’’.

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