135 
funds received under section 8003 will be 
spent’’ after ‘‘benefits of such programs and ac-
tivities’’; 
(B) in paragraph (5)— 
(i) by inserting ‘‘local education’’ after 
‘‘to such’’; and 
(ii) by inserting ‘‘, prior to any final 
decision by the agency on how funds re-
ceived under section 8003 will be spent’’ 
after ‘‘educational program’’; 
(2) by redesignating subsections (c) through (f) 
as subsections (d) through (g), respectively; 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) ANNUAL SUMMARY.—On an annual basis, a 
local educational agency that claims children residing on 
Indian lands for the purpose of receiving funds under sec-
tion 8003 shall provide Indian tribes with— 
‘‘(1) a summary of programs and activities that 
were created for the claimed children, or in which 
the claimed children participate; and 
‘‘(2) the funding received under section 8003 in 
the prior and current fiscal years attributable to 
such claimed children.’’; and 
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(4) by inserting after subsection (g), as so re-
designated, the following: 
‘‘(h) TIMELY PAYMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall pay a local educational agency 
that claims children residing on Indian lands for the 
purpose of receiving funds under section 8003 the 
full amount that the agency is eligible to receive 
under this title for a fiscal year not later than Sep-
tember 30 of the second fiscal year following the fis-
cal year for which such amount has been appro-
priated if, not later than 1 calendar year following 
the fiscal year in which such amount has been ap-
propriated, such local educational agency submits to 
the Secretary all the data and information necessary 
for the Secretary to pay the full amount that the 
agency is eligible to receive under this title for such 
fiscal year. 
‘‘(2) PAYMENTS
WITH
RESPECT
TO
FISCAL 
YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO-
PRIATED.—For a fiscal year in which the amount 
appropriated under section 8014 is insufficient to 
pay the full amount a local educational agency is eli-
gible to receive under this title, paragraph (1) shall 
be applied by substituting ‘is available to pay the 
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137 
agency’ for ‘the agency is eligible to receive’ each 
place it appears.’’. 
Subtitle G—General Provisions 
SEC. 181. HIGHLY QUALIFIED DEFINITION. 
Section 9109(23) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(23)) is amend-
ed— 
(1) in subparagraph (B)(ii)(II), by striking ‘‘; 
and’’ and inserting a semicolon; 
(2) in subparagraph (C)(ii)(VII), by striking 
the period and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) when used with respect to any public 
elementary school or secondary school teacher 
teaching Native American language, history, or 
culture in a State or any Bureau of Indian Af-
fairs funded or operated school, means a teach-
er certified by an Indian tribe as highly quali-
fied to teach such subjects.’’. 
SEC. 182. APPLICABILITY OF ESEA TO BUREAU OF INDIAN 
EDUCATION SCHOOLS. 
Section 9103 (20 U.S.C. 7821) is amended to read 
as follows: 
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‘‘SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN EDU-
CATION SCHOOLS. 
‘‘(a) IN GENERAL.—For the purpose of any competi-
tive program under this Act, a school described in sub-
section (b) shall have the same eligibility for and be given 
the same consideration as a local educational agency with 
regard to such program. 
‘‘(b) DESCRIPTION OF SCHOOLS.—A school described 
in this subsection is— 
‘‘(1) a school funded by the Bureau of Indian 
Education (including a school operated under a con-
tract or grant with the Bureau of Indian Edu-
cation), or a consortium of such schools; or 
‘‘(2) a school funded by the Bureau of Indian 
Education in consortium with an Indian tribe, insti-
tution of higher education, tribal organization or 
community organization. 
‘‘(c) OUTREACH.—The Secretary shall perform out-
reach to schools and consortia described in subsection (b) 
to encourage such schools and consortia to apply for each 
competitive program under this Act, and shall provide 
technical assistance as needed to enable such schools and 
consortia to submit applications for such programs. 
‘‘(d) COLLABORATION.—The Secretary shall collabo-
rate with the Secretary of the Interior to provide training 
and technical assistance to the Bureau of Indian Edu-
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cation, Indian tribes, and schools operated under contracts 
and grants from the Bureau of Indian Education, regard-
ing— 
‘‘(1) curriculum selection, including develop-
ment of culturally appropriate curricula; 
‘‘(2) the development and use of appropriate as-
sessments; and 
‘‘(3) effective instructional practices.’’. 
SEC. 183. INCREASED ACCESS TO RESOURCES FOR TRIBAL 
SCHOOLS, SCHOOLS SERVED BY THE BUREAU 
OF INDIAN EDUCATION, AND NATIVE AMER-
ICAN STUDENTS. 
(a) TECHNICAL ASSISTANCE AND CAPACITY BUILD-
ING.—Subpart 2 of part E of title IX of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7901 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 9537. TECHNICAL ASSISTANCE AND CAPACITY BUILD-
ING FOR TRIBAL SCHOOLS AND SCHOOLS 
SERVED BY THE BUREAU OF INDIAN EDU-
CATION. 
‘‘Notwithstanding any other provision of this Act, the 
Secretary shall ensure that any program supported with 
funds provided under this Act that awards grants, con-
tracts, or other assistance to public schools, provides a 1 
percent reservation for technical assistance or capacity 
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