H. R. 6—264
‘‘(A) be ineligible to apply for any other grant under
this subpart; and
‘‘(B) be liable to the United States for any funds that
have not been expended.
‘‘(3) EXCLUDED CHILDREN.—A student who provides false
information for the form required under subsection (d) shall
not be counted for the purpose of computing the amount of
a grant under section 9113.
‘‘(g) DISTRIBUTION.—For the purposes of the distribution of
funds under this subpart to schools that receive funding from the
Bureau of Indian Affairs pursuant to—
‘‘(1) section 1130 of the Education Amendments of 1978;
and
‘‘(2) the Act of April 16, 1934 (48 Stat. 596, chapter 147),
the Secretary shall, in lieu of meeting the requirements of this
section for counting Indian children, use a count of the number
of students in such schools certified by the Bureau of Indian Affairs.
‘‘SEC. 9117. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Sec-
retary shall pay to each local educational agency that submits
an application that is approved by the Secretary under this subpart
the amount determined under section 9113. The Secretary shall
notify the local educational agency of the amount of the payment
not later than June 1 of the year for which the Secretary makes
the payment.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Sec-
retary may not make a grant under this subpart to a local edu-
cational agency for a fiscal year if, for such fiscal year, the State
in which the local educational agency is located takes into consider-
ation payments made under this subpart (or under subpart 1 of
the Indian Education Act of 1988) in determining the eligibility
of the local educational agency for State aid, or the amount of
the State aid, with respect to the free public education of children
during such fiscal year or the preceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL
EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay a local edu-
cational agency the full amount of a grant award determined
under section 9113 for any fiscal year unless the State edu-
cational agency notifies the Secretary, and the Secretary deter-
mines, that with respect to the provision of free public education
by the local educational agency for the preceding fiscal year,
that the combined fiscal effort of the local educational agency
and the State, computed on either a per student or aggregate
expenditure basis was not less than 90 percent of the amount
of the combined fiscal effort, computed on the same basis,
for the second preceding fiscal year.
‘‘(2) FAILURE.—If, for any fiscal year, the Secretary deter-
mines that a local educational agency failed to maintain the
fiscal effort of such agency at the level specified in paragraph
(1), the Secretary shall—
‘‘(A) reduce the amount of the grant that would other-
wise be made to such agency under this subpart in the
exact proportion of such agency’s failure to maintain its
fiscal effort at such level; and
H. R. 6—265
‘‘(B) not use the reduced amount of the agency’s
expenditures for the preceding year to determine compli-
ance with paragraph (1) for any succeeding fiscal year,
but shall use the amount of expenditures that would have
been required to comply with paragraph (1).
‘‘(3) WAIVER.—(A) The Secretary may waive the require-
ment of paragraph (1), for not more than one year at a time,
if the Secretary determines that the failure to comply with
such requirement is due to exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a precipitous and
unforeseen decline in the agency’s financial resources.
‘‘(B) The Secretary shall not use the reduced amount of
such agency’s expenditures for the fiscal year preceding the
fiscal year for which a waiver is granted to determine compli-
ance with paragraph (1) for any succeeding fiscal year, but
shall use the amount of expenditures that would have been
required to comply with paragraph (1) in the absence of the
waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallocate, in a man-
ner that the Secretary determines will best carry out the purpose
of this subpart, any amounts that—
‘‘(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this subpart; or
‘‘(2) otherwise become available for reallocation under this
subpart.
‘‘SEC. 9118. STATE EDUCATIONAL AGENCY REVIEW.
‘‘(a) APPLICATION.—Each entity desiring assistance under this
subpart shall submit an application to the Secretary at such time,
in such manner and accompanied by such information as the Sec-
retary may reasonably require except that this subsection shall
not apply to Bureau-funded schools.
‘‘(b) SPECIAL RULE.—Before submitting an application under
subsection (a) to the Secretary, the entity shall submit its applica-
tion to the State educational agency. The State educational agency
may comment on such application, however if such agency com-
ments on such application such agency shall comment on all applica-
tions submitted by entities within the State and shall provide
such comments to the appropriate local educational agency, which
local educational agency shall be given an opportunity to respond
to such comments.
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian
Children
‘‘SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—It is the purpose of this section to sup-
port projects to develop, test, and demonstrate the effectiveness
of services and programs to improve educational opportunities
and achievement of Indian children.
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‘‘(2) COORDINATION.—The Secretary shall take such actions
as are necessary to achieve the coordination of activities
assisted under this subpart with—
‘‘(A) other programs funded under this Act; and
‘‘(B) other Federal programs operated for the benefit
of American Indian and Alaska Native children.
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the
term ‘eligible entity’ means a State educational agency, local edu-
cational agency, Indian tribe, Indian organization, federally sup-
ported elementary and secondary school for Indian students, Indian
institution, including an Indian institution of higher education,
or a consortium of such institutions.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN
GENERAL.—The Secretary shall award grants to
eligible entities to enable such entities to carry out activities
that meet the purpose specified in subsection (a)(1), including—
‘‘(A) innovative programs related to the educational
needs of educationally deprived children;
‘‘(B) educational services that are not available to such
children in sufficient quantity or quality, including
remedial instruction, to raise the achievement of Indian
children in one or more of the core academic subjects of
English, mathematics, science, foreign languages, art, his-
tory, and geography;
‘‘(C) bilingual and bicultural programs and projects;
‘‘(D) special health and nutrition services, and other
related activities, that address the special health, social,
and psychological problems of Indian children;
‘‘(E) special compensatory and other programs and
projects designed to assist and encourage Indian children
to enter, remain in, or reenter school, and to increase
the rate of secondary school graduation;
‘‘(F) comprehensive guidance, counseling, and testing
services;
‘‘(G) early childhood and kindergarten programs,
including family-based preschool programs that emphasize
school readiness and parental skills, and the provision
of services to Indian children with disabilities;
‘‘(H) partnership projects between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the post-
secondary level to aid such students in the transition from
secondary school to postsecondary education;
‘‘(I) partnership projects between schools and local
businesses for school-to-work transition programs designed
to provide Indian youth with the knowledge and skills
the youth need to make an effective transition from school
to a first job in a high-skill, high-wage career;
‘‘(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an institu-
tion of higher education; or
‘‘(K) other services that meet the purpose described
in subsection (a)(1).
‘‘(2) PRESERVICE
OR
INSERVICE
TRAINING.—Preservice or
inservice training of professional and paraprofessional person-
nel may be a part of any program assisted under this section.
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
H. R. 6—267
‘‘(1) GRANT REQUIREMENTS.—(A) The Secretary may make
multiyear grants under this section for the planning, develop-
ment, pilot operation, or demonstration of any activity described
in subsection (c) for a period not to exceed 5 years.
‘‘(B) In making multiyear grants under this section, the
Secretary shall give priority to applications that present a
plan for combining two or more of the activities described
in subsection (c) over a period of more than 1 year.
‘‘(C) The Secretary shall make a grant payment to an
eligible entity after the initial year of the multiyear grant
only if the Secretary determines that the eligible entity has
made substantial progress in carrying out the activities assisted
under the grant in accordance with the application submitted
under paragraph (2) and any subsequent modifications to such
application.
‘‘(D)(i) In addition to awarding the multiyear grants
described in subparagraph (A), the Secretary may award grants
to eligible entities for the dissemination of exemplary materials
or programs assisted under this section.
‘‘(ii) The Secretary may award a dissemination grant under
this subparagraph if, prior to awarding the grant, the Secretary
determines that the material or program to be disseminated
has been adequately reviewed and has a demonstrated—
‘‘(I) educational merit; and
‘‘(II) the ability to be replicated.
‘‘(2) APPLICATION.—(A) Any eligible entity that desires to
receive a grant under this subsection shall submit an applica-
tion to the Secretary at such time and in such manner as
the Secretary may require.
‘‘(B) Each application submitted to the Secretary under
subparagraph (A) shall contain—
‘‘(i) a description of how parents of Indian children
and representatives of Indian tribes have been, and will
be, involved in developing and implementing the activities
for which assistance is sought;
‘‘(ii) assurances that the applicant will participate, at
the request of the Secretary, in any national evaluation
of activities assisted under this section; and
‘‘(iii) such other assurances and information as the
Secretary may reasonably require.
‘‘SEC. 9122. PROFESSIONAL DEVELOPMENT.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian individuals
in professions that serve Indian people;
‘‘(2) to provide training to qualified Indian individuals to
enable such individuals to become teachers, administrators,
teacher aides, social workers, and ancillary educational person-
nel; and
‘‘(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the
term ‘eligible entity’ means—
‘‘(1) an institution of higher education, including an Indian
institution of higher education;
‘‘(2) a State or local educational agency, in consortium
with an institution of higher education; and