I 
115TH CONGRESS 
1ST SESSION H. R. 2727 
To support the education of Indian children. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2017 
Mr. RUIZ introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To support the education of Indian children. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Native Educator Sup-
port and Training Act’’ or the ‘‘NEST Act’’. 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
TITLE I—STUDENT ASSISTANCE 
PART A—SCHOLARSHIPS FOR THE STUDY OF 
EDUCATION AND SCHOOL ADMINISTRATION 
SEC. 101. SCHOLARSHIP PROGRAMS FOR EDUCATORS OF 
INDIAN STUDENTS AND INDIAN EDUCATORS. 
Part B of title II of the Higher Education Act (20 
U.S.C. 1031 et seq.) is amended by adding at the end 
the following: 
‘‘Subpart 6—Indian Educator Scholarship Program 
‘‘SEC. 259A. PURPOSE; DEFINITIONS. 
‘‘(a) PURPOSE.—The purposes of this subpart are— 
‘‘(1) to carry out the United States trust re-
sponsibility for the education of Indian children; and 
‘‘(2) to provide a more stable base of education 
professionals with an understanding of the needs of 
Indian students to serve in early childhood education 
programs, public elementary schools and secondary 
schools, schools funded by the Bureau of Indian 
Education, the Department of Education, State edu-
cational agencies, tribal education agencies, and 
local educational agencies. 
‘‘(b) DEFINITIONS.—In this subpart: 
‘‘(1) The term ‘Indian’ shall have the meaning 
given that term in section 316. 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
‘‘(2) The term ‘Bureau-funded school’ shall 
have the meaning given that term in section 1141 of 
the Education Amendments of 1978 (25 U.S.C. 
2021). 
‘‘(3) The term ‘Native-serving institution of 
higher education’ shall mean any institution of high-
er education eligible under section 316, 317, or 319. 
‘‘(4) The term ‘tribal educational agency’ shall 
have the meaning given the term in section 6132 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7452). 
‘‘(5) The term ‘Bureau of Indian Education 
early childhood development program’ means a pro-
gram operating under a grant authorized by section 
1139 of the Education Amendments of 1978 (25 
U.S.C. 2019). 
‘‘(6) The term ‘tribal early childhood education 
program’ shall mean any of the following programs: 
‘‘(A) An American Indian or Alaska Native 
Head Start or Early Head Start program car-
ried out under the Head Start Act (42 U.S.C. 
9831 et seq.). 
‘‘(B) A tribal child care and development 
program carried out under the Child Care and 
VerDate Sep 11 2014 
20:36 Jun 09, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
Development Block Grant Act of 1990 (42 
U.S.C. 9858 et seq.). 
‘‘(C) A program serving children from 
birth through age 6 that— 
‘‘(i) receives funding support from the 
Native American language preservation 
and maintenance program carried out 
under section 803C of the Native Amer-
ican Programs Act of 1974 (42 U.S.C. 
2991b–3); 
‘‘(ii) is a tribal prekindergarten pro-
gram; 
‘‘(iii) is a program authorized under 
section 619 or part C of the Individuals 
with Disabilities Education Act (20 U.S.C. 
1419; 20 U.S.C. 1431 et seq.); or 
‘‘(iv) is a center-based or group-based 
early childhood learning or development 
program that the Secretary determines 
shall be included under this definition, 
after receiving a request from an Indian 
tribe. 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
‘‘SEC. 259B. TERMS AND CONDITIONS OF SCHOLARSHIP 
CONTRACTS. 
‘‘(a) IN GENERAL.—Unless otherwise specified, a 
scholarship grant under this subpart shall have the terms 
and conditions described in this section. 
‘‘(b) CONTENTS OF CONTRACT.— 
‘‘(1) IN GENERAL.—The written contract be-
tween the Secretary and the individual receiving a 
scholarship grant under this subpart shall contain 
the following: 
‘‘(A) A statement that the Secretary 
agrees to provide the individual with a scholar-
ship in accordance with section 259C, 259D, or 
259E, as the case may be. 
‘‘(B) A statement that the individual 
agrees— 
‘‘(i) to accept the relevant scholarship 
under this subpart; 
‘‘(ii) to maintain enrollment in the 
course of study for which the scholarship 
was awarded until the individual completes 
the course of study; 
‘‘(iii) while enrolled in such course of 
study, to maintain an acceptable level of 
academic standing (as determined by the 
Secretary, taking into account the require-
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
ments of the institution of higher edu-
cation offering such course of study); and 
‘‘(iv) to serve, through full-time em-
ployment at an eligible school or eligible 
service employer (as described under sec-
tion 259C, 259D, or 259E, as the case 
may be), for a time period (referred to in 
this section as the ‘period of obligated 
service’) equal to the greater of— 
‘‘(I) 1 year for the equivalent of 
each school year for which the indi-
vidual was provided a scholarship 
under this subpart; or 
‘‘(II) 3 years. 
‘‘(C) A statement of the damages to which 
the United States is entitled, under subsection 
(d), for the individual’s breach of the contract. 
‘‘(D) Any other relevant statements of the 
rights and liabilities of the Secretary and of the 
individual, in accordance with the provisions of 
this subpart. 
‘‘(2) PERIOD OF OBLIGATED SERVICE.— 
‘‘(A) IN
GENERAL.—The recipient of a 
scholarship grant under this subpart shall be 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
required to carry out a period of obligated serv-
ice, as described in paragraph (1)(B)(iv). 
‘‘(B) DEFERMENT.— 
‘‘(i) IN GENERAL.—At the request of 
an individual who has entered into a con-
tract described in this subsection, the Sec-
retary shall grant a deferment for the pe-
riod of obligated service of such individual 
under such contract for any of the fol-
lowing reasons: 
‘‘(I) ADVANCED STUDY.—For ad-
vanced study to enable such individual 
to complete a course of study— 
‘‘(aa) leading to an ad-
vanced degree in early childhood 
education, elementary or sec-
ondary education or school ad-
ministration; or 
‘‘(bb) needed to become cer-
tified by a State or Indian tribe 
to teach, for an appropriate pe-
riod (in years, as determined by 
the Secretary). 
‘‘(II) 
FAMILY
AND
MEDICAL 
LEAVE.—For family or medical leave 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
for a period in alignment with section 
102 of the Family and Medical Leave 
Act of 1993 (29 U.S.C. 2612) and as 
approved by the Secretary. 
‘‘(III) MILITARY
SERVICE.—If 
the individual is a member of the Na-
tional Guard or other reserve compo-
nent of the Armed Forces of the 
United States, or a member of such 
Armed Forces in a retired status, and 
such individual is called or ordered to 
active duty (as defined in section 
101(d)(1) of title 10, United States 
Code), such individual shall be eligible 
for a deferment during the period of 
active duty and for an appropriate pe-
riod (as determined by the Secretary) 
after returning from active duty. 
‘‘(ii) CONDITIONS OF DEFERMENT.— 
A deferment granted under this subpara-
graph shall be subject to the following con-
ditions: 
‘‘(I) The deferment period shall 
not be counted as satisfying any pe-
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
riod of obligated service that is re-
quired under this section. 
‘‘(II) The period of obligated 
service of the individual shall com-
mence at the later of— 
‘‘(aa) 90 days after the com-
pletion of the deferment period; 
‘‘(bb) the commencement of 
the first school year at the school 
where the individual has been 
hired that begins after the com-
pletion of the deferment; or 
‘‘(cc) a date specified by the 
Secretary. 
‘‘(C) PART-TIME STUDY.—In the case of 
an individual receiving a scholarship under this 
subpart who is enrolled part-time in an ap-
proved course of study— 
‘‘(i) a scholarship under this subpart 
shall be for a period of years not to exceed 
the part-time equivalent of 4 years, as de-
termined by the Secretary; 
‘‘(ii) the period of obligated service 
shall be equal to the greater of— 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
‘‘(I) 1 year for the equivalent of 
each full-time academic year for which 
the individual was provided a scholar-
ship (as determined by the Secretary 
by adding the fractions of a full-time 
academic year that each period of 
part-time attendance comprises); or 
‘‘(II) 2 years; and 
‘‘(iii) the amount of the monthly sti-
pend specified in subsection (c) shall be re-
duced pro rata, as determined by the Sec-
retary, based on the number of hours of 
study in which such individual is enrolled. 
‘‘(c) SCHOLARSHIP.— 
‘‘(1) IN GENERAL.—A scholarship provided to a 
student under this subpart for a school year shall 
equal the amount of— 
‘‘(A) the tuition of the student; 
‘‘(B) all other reasonable educational ex-
penses incurred by the student in such school 
year, including fees, books, laboratory expenses, 
and other expenses as determined by the Sec-
retary; and 
‘‘(C) a stipend of $800 per month (ad-
justed in accordance with paragraph (3)) for 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
each of the 12 consecutive months beginning 
with the first month of such school year. 
‘‘(2) PAYMENT TO AN INSTITUTION OF HIGHER 
EDUCATION.—The Secretary may contract with an 
institution of higher education in which a participant 
in the scholarship program under this subpart is en-
rolled for the payment to such institution on behalf 
of the student of the amounts of tuition and other 
reasonable educational expenses described in sub-
paragraphs (A) and (B) of paragraph (1). Payment 
to such institution may be made without regard to 
subsections (a) and (b) of section 3324 of title 31, 
United States Code. 
‘‘(3) STIPEND.—The amount of the monthly 
stipend described in paragraph (1)(C) shall be in-
creased by the Secretary for each school year ending 
in a fiscal year beginning after September 30, 2018, 
by the amount (rounded to the next highest multiple 
of $1) equal to the amount of such stipend multi-
plied by the percentage adjustment in the rates of 
pay under the General Schedule taking effect under 
section 5303 of title 5, United States Code, during 
the fiscal year in which such school year ends (if 
such adjustment is an increase). 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS
‘‘(d) LIABILITY; FAILURE TO COMPLETE THE PE-
RIOD OF OBLIGATED SERVICE; REPAYMENT.— 
‘‘(1) LIABILITY.—An individual who has en-
tered into a written contract with the Secretary 
under this section shall be liable to the United 
States for the amount which has been paid to, or on 
behalf of, such individual under the contract, if such 
individual— 
‘‘(A) fails to maintain an acceptable level 
of academic standing in the institution of high-
er education in which the individual is enrolled 
(as determined by the Secretary taking into ac-
count the requirements of the institution of 
higher education offering such course of study); 
‘‘(B) is dismissed from such institution of 
higher education for disciplinary reasons; 
‘‘(C) voluntarily terminates the training in 
such institution of higher education for which 
such individual is provided a scholarship under 
such contract before the completion of such 
training; or 
‘‘(D) fails to accept payment, or instructs 
the institution of higher education in which 
such individual is enrolled not to accept pay-
ment, under this section. 
VerDate Sep 11 2014 
05:25 Jun 07, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2727.IH
H2727
SSpencer on DSK7TPTVN1PROD with BILLS