I 
118TH CONGRESS 
1ST SESSION 
H. R. 66 
To expand opportunity for Native American children through additional 
options in education, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2023 
Mr. BIGGS introduced the following bill; which was referred to the Committee 
on Education and the Workforce 
A BILL 
To expand opportunity for Native American children through 
additional options in education, and for other purposes. 
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 American Edu-
cation Opportunity Act’’. 
SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PRO-
GRAM. 
(a) IN GENERAL.—Part B of title XI of the Edu-
cation Amendments of 1978 (25 U.S.C. 2000 et seq.) is 
amended— 
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(1) by redesignating section 1141 as section 
1142; and 
(2) by inserting after section 1140 the fol-
lowing: 
‘‘SEC. 1141. FUNDING OF TRIBAL-BASED EDUCATION SAV-
INGS ACCOUNT PROGRAMS. 
‘‘(a) PROGRAM AUTHORIZED.— 
‘‘(1) DISBURSEMENTS.—At the request of 
Tribes, the Secretary of Education and the Sec-
retary of the Interior shall, for the 2023–2024 
school year and each subsequent school year, dis-
burse amounts transferred under section 2101(a)(2) 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6611(a)(2)) for the fiscal year to 
such Tribes that administer education savings ac-
count programs to enable the Tribes to award grants 
to education savings accounts for ESA eligible stu-
dents for such school year, in accordance with sub-
section (b). 
‘‘(2) APPLICABILITY.—This section shall apply 
with respect to ESA eligible students who have sub-
mitted their application for participation under this 
section to the Tribe of which the student is an en-
rolled member on or after January 1, 2023. 
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‘‘(3) ACCOUNT ADMINISTRATION.—A Tribe may 
enter into an agreement with a nonprofit entity for 
the administration of the accounts created through 
the Tribe’s education savings account program. 
‘‘(4) REQUIRED USE OF FUNDS.—Funds dis-
bursed to a Tribe under this section shall be used 
to deposit $8,000 each year in the Tribal education 
savings accounts of ESA eligible students who have 
not yet attained a regular high school diploma or its 
recognized equivalent. 
‘‘(5) PERMISSIBLE USE OF FUNDS.—Funds dis-
bursed to a Tribe under this section may be used 
for— 
‘‘(A) private tutoring, including academic, 
Native language, or cultural tutoring; 
‘‘(B) costs of attendance at a private ele-
mentary school or secondary school recognized 
by the State, which may include a private 
school that has a religious mission; 
‘‘(C) private online learning programs; 
‘‘(D) services provided by a public elemen-
tary school or secondary school attended by the 
child on a less than full-time basis, including in-
dividual classes and extracurricular activities 
and programs; 
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‘‘(E) textbooks, curriculum programs, or 
other instructional materials, including any sup-
plemental materials required by a curriculum 
program, private school, private online learning 
program, or a public school, or any parent di-
rected curriculum associated with K–12 edu-
cation; 
‘‘(F) computer hardware or other techno-
logical devices that are used to help meet a stu-
dent’s educational needs, except that such hard-
ware or devices may not be purchased by a par-
ent more than once in an 18-month period; 
‘‘(G) educational software and applica-
tions; 
‘‘(H) uniforms purchased for attendance at 
a private school recognized by the State; 
‘‘(I) fees for nationally standardized as-
sessment exams, advanced placement exams, 
any exams related to college or university ad-
mission, or tuition or fees for preparatory 
courses for such exams; 
‘‘(J) fees for summer education programs 
and specialized after-school education programs 
(but not including after-school childcare); 
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‘‘(K) educational services and therapies, 
including occupational, behavioral, physical, 
speech-language, and audiology therapies; 
‘‘(L) transportation to receive a service 
under paragraph (4); 
‘‘(M) costs of attendance at an institution 
of higher education; 
‘‘(N) costs associated with an apprentice-
ship or other vocational training program; 
‘‘(O) fees for State-recognized industry 
certification exams, and tuition or fees for pre-
paratory courses for such exams; 
‘‘(P) contributions to a college savings ac-
count, which may include contributions to a 
qualified tuition program (as defined in section 
529(b)(1)(A) of the Internal Revenue Code of 
1986) or other prepaid tuition plan offered by 
a State; or 
‘‘(Q) any other educational expenses ap-
proved by the Secretary. 
‘‘(b) DISBURSEMENTS.— 
‘‘(1) ANNUAL DISBURSEMENTS.—A Tribe that 
receives a disbursement amount under subsection (a) 
shall make semi-annual distributions of such amount 
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to education savings accounts for ESA eligible stu-
dents. 
‘‘(2) LIMITATION.—A Tribe shall allocate not 
more than 5 percent of the amount received per 
pupil under this section to the administration of the 
education savings account programs of the Tribe. 
‘‘(3) ROLL OVER AND REMAINING FUNDS IN AN 
ACCOUNT.—Amounts remaining in the Tribal edu-
cation savings account of a student at the end of a 
school year shall remain available until expended for 
use in accordance with this section. 
‘‘(4) TERMINITION AND RETURN OF FUNDS.— 
The Tribal education savings account of a student 
shall terminate on— 
‘‘(A) the date on which the student enrolls 
in a public elementary school or secondary 
school on a full-time basis; 
‘‘(B) in the case of a student who is pur-
suing postsecondary education, the earlier of— 
‘‘(i) the date on which the student 
completes postsecondary education; or 
‘‘(ii) the date on which the student at-
tains the age of 25 years; 
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‘‘(C) in the case of a student who is an in-
dividual with a disability, the date on which the 
student attains the age of 26 years; or 
‘‘(D) in the case of an individual not de-
scribed in subparagraph (B) or (C), the earlier 
of— 
‘‘(i) the date on which the student at-
tains the age of 25 years; or 
‘‘(ii) the expiration of any 2-year pe-
riod during which funds in the account are 
not used in accordance with this section. 
‘‘(c) COMPULSORY ATTENDANCE REQUIREMENTS.— 
A State that receives funds under this title shall consider 
a child with a Tribal education savings account for a 
school year as meeting the State’s compulsory school at-
tendance requirements for such school year. 
‘‘(d) SPECIAL RULE.—In the case of a child with a 
Tribal education savings account who attends a public 
school on a less than full-time basis in a school year— 
‘‘(1) the child may not attend the public school 
free of charge; and 
‘‘(2) funds in the account, in an amount deter-
mined pursuant to an agreement between the parent 
of the child and the local educational agency con-
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cerned, shall be used to pay for the child’s costs of 
attendance at such school. 
‘‘(e) TRIBAL CONSULTATION.— 
‘‘(1) IN
GENERAL.—Before providing edu-
cational services to ESA eligible students, and on an 
annual basis thereafter, a participating educational 
service provider shall engage in consultation with ap-
propriate tribal officials before providing educational 
services to ESA eligible students. 
‘‘(2) DOCUMENTATION.—The participating edu-
cational service provider shall maintain in the pro-
vider’s records and provide to the Bureau of Indian 
Education a written affirmation signed by the ap-
propriate officials of the participating tribes or tribal 
organizations approved by the tribes that the con-
sultation required by this section has occurred. If 
such officials do not provide such affirmation within 
a reasonable period of time, the affected educational 
service provider shall forward documentation that 
such consultation has taken place to the Bureau of 
Indian Education. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to require the partici-
pating educational service provider to determine who 
are the appropriate officials. 
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‘‘(4) LIMITATION.—Consultation required under 
this section shall not interfere with the timely ap-
proval and operation of participating educational 
service providers. 
‘‘(f) RULE OF CONSTRUCTION.—A grant awarded to 
an ESA eligible student under this section shall be consid-
ered assistance to the student and shall not be considered 
assistance to a school that enrolls the ESA eligible student 
or any other educational service provider from which the 
ESA eligible student receives services. The amounts pro-
vided on behalf of an ESA eligible student under this sec-
tion shall not be treated as income of the parent or the 
student for purposes of Federal tax laws or for deter-
mining eligibility for any other Federal program. 
‘‘(g) TERMINATION.—The authority to carry out this 
section shall expire on the date that is 5 years after the 
date of the enactment of this Act. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE OFFICIALS.—The term ‘ap-
propriate officials’ means— 
‘‘(A) tribal officials who are elected; or 
‘‘(B) appointed tribal leaders or officials 
designated in writing. 
‘‘(2) EDUCATIONAL SERVICE PROVIDER.—The 
term ‘educational service provider’ means an edu-
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cational service provider that has entered into an 
agreement with a Tribe. 
‘‘(3) ESA 
ELIGIBLE
STUDENT.—The term 
‘ESA eligible student’ means an individual who is— 
‘‘(A) an elementary school or secondary 
school Tribal enrolled student who attended a 
school operated by the Bureau of Indian Edu-
cation in the semester preceding the date on 
which the student first applies for participation 
in an education savings account program; or 
‘‘(B) a child who— 
‘‘(i) will be eligible to attend a school 
operated by the Bureau of Indian Edu-
cation for kindergarten or any other ele-
mentary school grade in the next semester 
that will start after the date on which the 
student first applies for participation in an 
education savings account program; or 
‘‘(ii) will not be attending a school op-
erated by the Bureau of Indian Education, 
receiving an education savings account 
from another Tribe, or attending a public 
elementary school or secondary school, 
while the student is participating in an 
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education savings account program of a 
Tribe. 
‘‘(4) EDUCATION
SAVINGS
ACCOUNT
PRO-
GRAM.—The term ‘education savings account pro-
gram’ means a program administered by a Tribe in 
which the Tribe awards a grant to an account man-
aged by the Tribe or a nonprofit entity on behalf of 
a parent of an elementary school or secondary school 
student from which the parent may purchase goods 
and services needed for the education of the student. 
‘‘(5) NONPROFIT
ENTITY
DEFINED.—In this 
paragraph, the term ‘nonprofit entity’ means an en-
tity that is described in the section 501(c)(3) of the 
Internal Revenue Code of 1986 and is exempt from 
taxation under section 501(a) of such Code. 
‘‘(6) PARENT.—The term ‘parent’ has the 
meaning given the term in section 8101 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
‘‘(7) TRIBE.—The term ‘Tribe’ means any rec-
ognized Indian tribe included on the current list 
published by the Secretary under section 104 of the 
Federally Recognized Indian Tribe Act of 1994 (25 
U.S.C. 5131).’’. 
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(b) CONFORMING AMENDMENT.—Section 1126(c) of 
the Education Amendments of 1978 (25 U.S.C. 2006(c)) 
is amended by striking ‘‘section 1141(12)’’ and inserting 
‘‘section 1142(12)’’. 
SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT OF 1965. 
Section 2101(a) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6611(a)) is amended 
at the end by inserting the following new paragraph: 
‘‘(3) one-half of one percent for Tribes that ad-
minister education savings account programs under 
section 1141 of part B of title XI of the Education 
Amendments of 1978 (25 U.S.C. 2000 et seq.).’’. 
SEC. 4. CHARTER SCHOOLS AUTHORIZED. 
(a) IN GENERAL.—The Bureau of Indian Education 
is authorized to approve and fund a Bureau-Funded Char-
ter School at any school operated or funded by the Bureau 
of Indian Education. 
(b) USE OF BUREAU FACILITIES.—Tribes are au-
thorized to use existing Bureau of Indian Education facili-
ties for the operation, management, and expansion of 
grades in Bureau-funded charter schools, as defined in 
section 4(d)(1). 
(c) USE
OF FUNDS.—Funds dispersed to tribes 
under this section may be used for subcontracts with a 
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tribal organization or developer to manage or operate Bu-
reau-funded charter schools. 
(d) DEFINITIONS.—In this section: 
(1) BUREAU-FUNDED CHARTER SCHOOL.—The 
term ‘‘Bureau-Funded Charter School’’ means a 
school that— 
(A) is approved by the Tribal government 
where the school operates and is approved and 
funded by the Bureau of Indian Education; 
(B) is exempt from significant Federal, 
State, or local rules that inhibit the flexible op-
eration and management of Bureau-funded 
schools, but not from any rules relating to the 
other requirements of this paragraph; 
(C) is created by a developer as a Bureau- 
funded school, or is adapted by a developer 
from an existing Bureau-funded school; 
(D) operates in pursuit of a specific set of 
educational 
objectives 
determined 
by 
the 
school’s developer and agreed to by each Tribe 
served and the Bureau of Indian Education; 
(E) provides a program of elementary or 
secondary education, or both; 
(F) is not affiliated with a sectarian school 
or religious institution; 
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(G) does not charge tuition; 
(H) complies with the Age Discrimination 
Act of 1975 (42 U.S.C. 6101 et seq.), title VI 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.), title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.), 
section 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794), the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et seq.), 
section 1232g of this title (commonly referred 
to as the ‘‘Family Educational Rights and Pri-
vacy Act of 1974’’), and part B of the Individ-
uals with Disabilities Education Act (20 U.S.C. 
1411 et seq.); 
(I) is a school to which parents choose to 
send their children, and that— 
(i) admits students on the basis of a 
lottery, 
consistent 
with 
section 
4303(c)(3)(A) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7221b(c)(3)(A)), if more students apply 
for admission than can be accommodated; 
or 
(ii) automatically enrolls students who 
are enrolled in the immediate prior grade 
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level of Bureau-funded schools and, for any 
additional student openings or student 
openings created through regular attrition 
in student enrollment in the affiliated 
charter school and the enrolling school, ad-
mits students on the basis of a lottery as 
described in clause (i); 
(J) agrees to comply with the same Fed-
eral audit requirements as do other Bureau- 
funded schools, unless such Federal audit re-
quirements are waived by the Bureau of Indian 
Education; 
(K) meets all applicable Federal health 
and safety requirements; 
(L) operates in accordance with Federal 
law; 
(M) has a written performance contract 
with the Bureau of Indian Education that in-
cludes a description of how student perform-
ance will be measured in charter schools pursu-
ant to assessments that are required of other 
schools and pursuant to any other assessments 
mutually agreeable to the Bureau of Indian 
Education, tribe(s) served, and the charter 
school; and 
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(N) may serve students in early childhood 
education programs. 
(2) DEVELOPER.—The term ‘‘developer’’ means 
an individual or group of individuals (including a 
public, private, or tribal nonprofit organization), 
which may include teachers, administrators and 
other school staff, parents, or other members of the 
local community in which a charter school project 
will be carried out. 
SEC. 5. GAO STUDY. 
Not later than 3 years after the date of enactment 
of this Act, the Comptroller General of the United States 
shall— 
(1) conduct a review of the implementation of 
the programs established by this Act during the pre-
ceding 3-year period, including any factors impact-
ing increased participation in education savings ac-
count programs established pursuant to the amend-
ments made by this Act; 
(2) submit a report describing the results of the 
review under paragraph (1) to— 
(A) the Committee on Indian Affairs of the 
Senate; and 
(B) the Subcommittee on Indian, Insular 
and Alaska Native Affairs of the Committee on 
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Natural Resources of the House of Representa-
tives; and 
(3) make the report described in paragraph (2) 
publicly available. 
SEC. 6. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision or amend-
ment to any person or circumstance, is held to be invalid, 
the remainder of this Act, or an amendment made by this 
Act, or the application of such provision to other persons 
or circumstances, shall not be affected. 
Æ 
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