other students in terms of readiness factors 
such as vocabulary test scores; 
‘‘(B) Native Hawaiian students continue to 
score below national norms on standardized 
education achievement tests at all grade levels; 
‘‘(C) both public and private schools con-
tinue to show a pattern of lower percentages of 
Native Hawaiian students in the uppermost 
achievement levels and in gifted and talented 
programs; 
‘‘(D) Native Hawaiian students continue to 
be overrepresented among students qualifying 
for special education programs provided to stu-
dents with learning disabilities, mild mental re-
tardation, emotional impairment, and other 
such disabilities; 
‘‘(E) Native Hawaiians continue to be 
underrepresented in institutions of higher edu-
cation and among adults who have completed 4 
or more years of college; and 
‘‘(F) Native Hawaiians continue to be dis-
proportionately represented in many negative 
social and physical statistics indicative of spe-
cial educational needs. 
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‘‘(5) The number of Native Hawaiian students 
served by the State of Hawaii Department of Edu-
cation has risen from 20 percent in 1980 to 26 per-
cent in 2008, and there are, and will continue to be, 
geographically rural, isolated areas with a high Na-
tive Hawaiian population density. 
‘‘(6) Despite the consequences of more than 
100 years of nonindigenous influence, the Native 
Hawaiian people are determined to preserve, de-
velop, and transmit to future generations their an-
cestral territory and their cultural identity, in ac-
cordance with their own spiritual and traditional be-
liefs, customs, practices, language, and social institu-
tions. 
‘‘(7) The State of Hawaii, in the constitution 
and statutes of the State of Hawaii— 
‘‘(A) reaffirms and protects the unique 
right of the Native Hawaiian people to practice 
and perpetuate their culture and religious cus-
toms, beliefs, practices, and language; 
‘‘(B) recognizes the traditional language of 
the Native Hawaiian people as an official lan-
guage of the State of Hawaii, which may be 
used as the language of instruction for all sub-
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jects and grades in the public school system; 
and 
‘‘(C) promotes the study of the Hawaiian 
culture, language, and history by providing a 
Hawaiian education program and using commu-
nity expertise as a suitable and essential means 
to further the program.’’. 
SEC. 3. PURPOSES. 
Section 7203 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7513) is amended to read 
as follows: 
‘‘SEC. 7203. PURPOSES. 
‘‘The purposes of this part are— 
‘‘(1) to authorize, develop, implement, assess, 
and evaluate innovative educational programs, Na-
tive Hawaiian language medium programs, Native 
Hawaiian culture-based education programs, and 
other education programs to improve the academic 
achievement of Native Hawaiian students by meet-
ing their unique cultural and language needs in 
order to help such students meet challenging State 
student academic achievement standards; 
‘‘(2) to provide guidance to appropriate Fed-
eral, State, and local agencies to more effectively 
and efficiently focus resources, including resources 
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made available under this part, on the development 
and implementation of— 
‘‘(A) innovative educational programs for 
Native Hawaiians; 
‘‘(B) rigorous and substantive Native Ha-
waiian language programs; and 
‘‘(C) Native Hawaiian culture-based edu-
cational programs; and 
‘‘(3) to create a system by which information 
from programs funded under this part will be col-
lected, analyzed, evaluated, reported, and used in de-
cisionmaking activities regarding the types of grants 
awarded under this part.’’. 
SEC. 4. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT. 
Section 7204 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7514) is amended to read 
as follows: 
‘‘SEC. 
7204. 
NATIVE 
HAWAIIAN 
EDUCATION 
COUNCIL 
GRANT. 
‘‘(a) GRANT AUTHORIZED.—In order to better effec-
tuate the purposes of this part through the coordination 
of educational and related services and programs available 
to Native Hawaiians, including those programs that re-
ceive funding under this part, the Secretary shall award 
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a grant to an education council, as described under sub-
section (b). 
‘‘(b) EDUCATION COUNCIL.— 
‘‘(1) ELIGIBILITY.—To be eligible to receive the 
grant under subsection (a), the council shall be an 
education council (referred to in this section as the 
‘Education Council’) that meets the requirements of 
this subsection. 
‘‘(2) COMPOSITION.—The Education Council 
shall consist of 15 members of whom— 
‘‘(A) 1 shall be the President of the Uni-
versity of Hawaii (or a designee); 
‘‘(B) 1 shall be the Governor of the State 
of Hawaii (or a designee); 
‘‘(C) 1 shall be the Superintendent of the 
State of Hawaii Department of Education (or a 
designee); 
‘‘(D) 1 shall be the chairperson of the Of-
fice of Hawaiian Affairs (or a designee); 
‘‘(E) 1 shall be the executive director of 
Hawaii’s Charter School Network (or a des-
ignee); 
‘‘(F) 1 shall be the chief executive officer 
of the Kamehameha Schools (or a designee); 
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‘‘(G) 1 shall be the Chief Executive Officer 
of the Queen Liliuokalani Trust (or a designee); 
‘‘(H) 1 shall be a member, selected by the 
other members of the Education Council, who 
represents a private grant-making entity; 
‘‘(I) 1 shall be the Mayor of the County of 
Hawaii (or a designee); 
‘‘(J) 1 shall be the Mayor of Maui County 
(or a designee from the Island of Maui); 
‘‘(K) 1 shall be the Mayor of the County 
of Kauai (or a designee); 
‘‘(L) 1 shall be appointed by the Mayor of 
Maui County from the Island of either Molokai 
or Lanai; 
‘‘(M) 1 shall be the Mayor of the City and 
County of Honolulu (or a designee); 
‘‘(N) 1 shall be the chairperson of the Ha-
waiian Homes Commission (or a designee); and 
‘‘(O) 1 shall be the chairperson of the Ha-
waii Workforce Development Council (or a des-
ignee representing the private sector). 
‘‘(3) REQUIREMENTS.—Any designee serving on 
the Education Council shall demonstrate, as deter-
mined by the individual who appointed such designee 
with input from the Native Hawaiian community, 
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not less than 5 years of experience as a consumer 
or provider of Native Hawaiian education or cultural 
activities, with traditional cultural experience given 
due consideration. 
‘‘(4) LIMITATION.—A member (including a des-
ignee), while serving on the Education Council, shall 
not be a recipient of grant funds that are awarded 
under this part. 
‘‘(5) TERM OF MEMBERS.—A member who is a 
designee shall serve for a term of not more than 4 
years. 
‘‘(6) CHAIR, VICE CHAIR.— 
‘‘(A) SELECTION.—The Education Council 
shall select a Chair and a Vice Chair from 
among the members of the Education Council. 
‘‘(B) TERM LIMITS.—The Chair and Vice 
Chair shall each serve for a 2-year term. 
‘‘(7) ADMINISTRATIVE
PROVISIONS
RELATING 
TO EDUCATION COUNCIL.—The Education Council 
shall meet at the call of the Chair of the Council, 
or upon request by a majority of the members of the 
Education Council, but in any event not less often 
than every 120 days. 
‘‘(8) NO COMPENSATION.—None of the funds 
made available through the grant may be used to 
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provide compensation to any member of the Edu-
cation Council or member of a working group estab-
lished by the Education Council, for functions de-
scribed in this section. 
‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI-
TIES.—The Education Council shall use funds made avail-
able through the grant to carry out each of the following 
activities: 
‘‘(1) Providing advice about the coordination, 
and serving as a clearinghouse for, the educational 
and related services and programs available to Na-
tive Hawaiians, including the programs assisted 
under this part. 
‘‘(2) Assessing the extent to which such services 
and programs meet the needs of Native Hawaiians, 
and collecting data on the status of Native Hawaiian 
education. 
‘‘(3) Providing direction and guidance, through 
the issuance of reports and recommendations, to ap-
propriate Federal, State, and local agencies in order 
to focus and improve the use of resources, including 
resources made available under this part, relating to 
Native Hawaiian education, and serving, where ap-
propriate, in an advisory capacity. 
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‘‘(4) Awarding grants, if such grants enable the 
Education Council to carry out the activities de-
scribed in paragraphs (1) through (3). 
‘‘(5) Hiring an executive director who shall as-
sist in executing the duties and powers of the Edu-
cation Council, as described in subsection (d). 
‘‘(d) USE
OF FUNDS
FOR TECHNICAL ASSIST-
ANCE.—The Education Council shall use funds made 
available through the grant to— 
‘‘(1) provide technical assistance to Native Ha-
waiian organizations that are grantees or potential 
grantees under this part; 
‘‘(2) obtain from such grantees information and 
data regarding grants awarded under this part, in-
cluding information and data about— 
‘‘(A) the effectiveness of such grantees in 
meeting the educational priorities established by 
the Education Council, as described in para-
graph (6)(D), using metrics related to these 
priorities; and 
‘‘(B) the effectiveness of such grantees in 
carrying out any of the activities described in 
section 7205(c) that are related to the specific 
goals and purposes of each grantee’s grant 
project, using metrics related to these priorities; 
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‘‘(3) assess and define the educational needs of 
Native Hawaiians; 
‘‘(4) assess the programs and services available 
to address the educational needs of Native Hawai-
ians; 
‘‘(5) assess and evaluate the individual and ag-
gregate impact achieved by grantees under this part 
in improving Native Hawaiian educational perform-
ance and meeting the goals of this part, using 
metrics related to these goals; 
‘‘(6) prepare and submit to the Secretary, at 
the end of each calendar year, an annual report that 
contains— 
‘‘(A) a description of the activities of the 
Education Council during the calendar year; 
‘‘(B) a description of significant barriers to 
achieving the goals of this part; 
‘‘(C) a summary of each community con-
sultation session described in subsection (e); 
and 
‘‘(D) recommendations to establish prior-
ities for funding under this part, based on an 
assessment of— 
‘‘(i) the educational needs of Native 
Hawaiians; 
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‘‘(ii) programs and services available 
to address such needs; 
‘‘(iii) the effectiveness of programs in 
improving the educational performance of 
Native Hawaiian students to help such stu-
dents meet challenging State student aca-
demic achievement standards; and 
‘‘(iv) priorities for funding in specific 
geographic communities. 
‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA-
TIONS.—The Education Council shall use funds made 
available though the grant under subsection (a) to hold 
not less than 1 community consultation each year on each 
of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 
Kauai, at which— 
‘‘(1) not less than 3 members of the Education 
Council shall be in attendance; 
‘‘(2) the Education Council shall gather com-
munity input regarding— 
‘‘(A) current grantees under this part, as 
of the date of the consultation; 
‘‘(B) priorities and needs of Native Hawai-
ians; and 
‘‘(C) other Native Hawaiian education 
issues; and 
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‘‘(3) the Education Council shall report to the 
community on the outcomes of the activities sup-
ported by grants awarded under this part. 
‘‘(f) FUNDING.—For each fiscal year, the Secretary 
shall use the amount described in section 7206(d)(2), to 
make a payment under the grant. Funds made available 
through the grant shall remain available until expended. 
‘‘(g) REPORT.—Beginning not later than 2 years 
after the date of enactment of the Native Hawaiian Edu-
cation Act, and for each subsequent year, the Secretary 
shall prepare and submit to the Committee on Education 
and the Workforce of the House of Representatives, and 
the Committee on Indian Affairs and the Committee on 
Health, Education, Labor, and Pensions of the Senate, a 
report that— 
‘‘(1) summarizes the annual reports of the Edu-
cation Council; 
‘‘(2) describes the allocation and use of funds 
under this part and the information gathered since 
the first annual report submitted by the Education 
Council to the Secretary under this section; and 
‘‘(3) contains recommendations for changes in 
Federal, State, and local policy to advance the pur-
poses of this part.’’. 
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SEC. 5. GRANT PROGRAM AUTHORIZED. 
Section 7205 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7515 et seq.) is amended 
to read as follows: 
‘‘SEC. 7205. GRANT PROGRAM AUTHORIZED. 
‘‘(a) GRANTS AND CONTRACTS.—In order to carry 
out programs that meet the purposes of this part, the Sec-
retary is authorized to award grants to, or enter into con-
tracts with— 
‘‘(1) Native Hawaiian educational organiza-
tions; 
‘‘(2) Native Hawaiian community-based organi-
zations; 
‘‘(3) public and private nonprofit organizations, 
agencies, and institutions with experience in devel-
oping or operating Native Hawaiian education and 
workforce development programs or programs of in-
struction in the Native Hawaiian language; 
‘‘(4) charter schools; and 
‘‘(5) consortia of the organizations, agencies, 
and institutions described in paragraphs (1) through 
(4). 
‘‘(b) PRIORITY.—In awarding grants and entering 
into contracts under this part, the Secretary shall give pri-
ority to— 
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‘‘(1) programs that meet the educational pri-
ority recommendations of the Education Council, as 
described under section 7204(d)(6)(E); 
‘‘(2) the repair and renovation of public schools 
that serve high concentrations of Native Hawaiian 
students; 
‘‘(3) programs designed to improve the aca-
demic achievement of Native Hawaiian students by 
meeting their unique cultural and language needs in 
order to help such students meet challenging State 
student academic achievement standards, including 
activities relating to— 
‘‘(A) achieving competence in reading, lit-
eracy, mathematics, and science for students in 
preschool through grade 3; 
‘‘(B) the educational needs of at-risk chil-
dren and youth; 
‘‘(C) professional development for teachers 
and administrators; 
‘‘(D) the use of Native Hawaiian language 
and preservation or reclamation of Native Ha-
waiian culture-based educational practices; 
‘‘(E) preparation for employment in fields 
in which Native Hawaiians are underemployed 
or underrepresented; and 
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‘‘(F) other programs relating to the activi-
ties described in this part; and 
‘‘(4) programs in which a State educational 
agency, local educational agency, institution of high-
er education, or a State educational agency or local 
educational agency in partnership with an institution 
of higher education apply for a grant or contract 
under this part as part of a partnership or consor-
tium. 
‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 
through programs carried out under this part may in-
clude— 
‘‘(1) the development and maintenance of a 
statewide Native Hawaiian early education and care 
system to provide a continuum of high-quality early 
learning services for Native Hawaiian children from 
the prenatal period through the age of kindergarten 
entry; 
‘‘(2) the operation of family-based education 
centers that provide such services as— 
‘‘(A) programs for Native Hawaiian par-
ents and infants from the prenatal period 
through age 3; 
‘‘(B) early care and education programs 
for Native Hawaiians; and 
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‘‘(C) research on, and development and as-
sessment of, family-based, early childhood, and 
preschool programs for Native Hawaiians; 
‘‘(3) activities that enhance beginning reading 
and literacy in either the Hawaiian or the English 
language among Native Hawaiian students in kin-
dergarten through grade 3 and assistance in ad-
dressing the distinct features of combined English 
and Hawaiian literacy for Hawaiian speakers in 
grades 5 and 6; 
‘‘(4) activities to meet the special needs of Na-
tive Hawaiian students with disabilities, including— 
‘‘(A) the identification of such students 
and their needs; 
‘‘(B) the provision of support services to 
the families of such students; and 
‘‘(C) other activities consistent with the re-
quirements of the Individuals with Disabilities 
Education Act; 
‘‘(5) activities that address the special needs of 
Native Hawaiian students who are gifted and tal-
ented, including— 
‘‘(A) educational, psychological, and devel-
opmental activities designed to assist in the 
educational progress of such students; and 
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‘‘(B) activities that involve the parents of 
such students in a manner designed to assist in 
the educational progress of such students; 
‘‘(6) the development of academic and voca-
tional curricula to address the needs of Native Ha-
waiian children and adults, including curricula mate-
rials in the Hawaiian language and mathematics and 
science curricula that incorporate Native Hawaiian 
tradition and culture; 
‘‘(7) professional development activities for edu-
cators, including— 
‘‘(A) the development of programs to pre-
pare prospective teachers to address the unique 
needs of Native Hawaiian students within the 
context of Native Hawaiian culture, language, 
and traditions; 
‘‘(B) in-service programs to improve the 
ability of teachers who teach in schools with 
high concentrations of Native Hawaiian stu-
dents to meet the unique needs of such stu-
dents; and 
‘‘(C) the recruitment and preparation of 
Native Hawaiians, and other individuals who 
live in communities with a high concentration of 
Native Hawaiians, to become teachers; 
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‘‘(8) the operation of community-based learning 
centers that address the needs of Native Hawaiian 
families and communities through the coordination 
of public and private programs and services, includ-
ing— 
‘‘(A) early care and education programs; 
‘‘(B) before- and after-school programs 
and weekend academies; 
‘‘(C) career and technical and adult edu-
cation programs; and 
‘‘(D) programs that recognize and support 
the unique cultural and educational needs of 
Native Hawaiian children, and incorporate ap-
propriately qualified Native Hawaiian elders 
and seniors; 
‘‘(9) activities, including program co-location, to 
enable Native Hawaiians to enter and complete pro-
grams of postsecondary education, including— 
‘‘(A) subject to subsection (f), the provi-
sion of full or partial scholarships for under-
graduate or graduate study that are awarded to 
students based on their academic promise and 
financial need, with a priority, at the graduate 
level, given to students entering professions in 
which Native Hawaiians are underrepresented; 
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