II Calendar No. 538 113th CONGRESS 2d Session S. 1948 IN THE SENATE OF THE UNITED STATES January 16, 2014 Mr. Tester (for himself, Mr. Schatz , Mr. Begich , Mr. Johnson of South Dakota , Mr. Baucus , Mr. Udall of New Mexico , Ms. Murkowski , Ms. Heitkamp , Mr. Walsh , and Mr. Heinrich ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs August 26, 2014 Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014, by Mr. Tester , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To promote the academic achievement of American Indian, Alaska Native, and Native Hawaiian children with the establishment of a Native American language grant program.

1. Short title This Act may be cited as the Native Language Immersion Student Achievement Act . 2. Findings Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act ( Public Law 101–477 ). (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) includes policy barriers to schools taught through Native American languages and a lack of adequate funding to support such opportunities. (4) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. 3. Native American language schools Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. ) is amended by adding at the end the following: D Native American language schools 7401. Native American language schools (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the school that will improve high school graduation rates, college attainment, and career readiness; and (2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act ( Public Law 101–477 ). (b) Program authorized (1) In general From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education, using Native American languages as the primary language of instruction of all curriculum taught at the schools. (2) Eligible entities In this section, the term eligible entity means a school or a private or tribal, nonprofit organization that has a plan to develop and maintain, or to improve and expand, programs that support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools. (c) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of present hours of Native American language instruction being provided to students at such school, if any. (D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. (E) A statement that such school— (i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and (ii) provides assessments of student using the Native American language of instruction, where appropriate. (F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. (2) Additional application materials In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: (A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. (B) A statement that such school will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. (C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. (d) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount and length of each grant; (2) ensure, to the maximum extent feasible, that diversity in languages is represented; and (3) require the eligible entities to present a Native language education plan to improve high school graduation rates, college attainment, and career readiness. (e) Activities authorized An eligible entity that receives a grant under this section shall carry out the following activities: (1) Support Native American language education and development. (2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. (3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. (4) Other activities that promote Native American language education and development, as appropriate. (f) Report to secretary Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. (g) Authorization of appropriation There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years. .

1. Short title This Act may be cited as the Native Language Immersion Student Achievement Act . 2. Findings Congress finds the following: (1) Congress established the unique status of Native American languages and distinctive policies supporting their use as a medium of education in the Native American Languages Act ( Public Law 101–477 ). (2) Reports from the Bureau of Indian Affairs and tribal, public, charter, and private schools and colleges that use primarily Native American languages to deliver education, have indicated that students from these schools have generally had high school graduation and college attendance rates above the norm for their peers. (3) Such successful schools include Native American language medium schools focusing primarily on children who enter school speaking Native American languages and immersion schools that focus primarily on teaching Native American languages to children who enter school with little or no knowledge of a Native American language, as well as programs combining features of both types of schools, such as Native American Language Nests and Native American Language Survival Schools. (4) The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) includes policy barriers to schools taught through Native American languages and a lack of adequate funding to support such opportunities. (5) There is a critical need that requires immediate action to support education through Native American languages to preserve these languages. 3. Native American language schools Title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. ) is amended by adding at the end the following: D Native American language schools 7401. Native American language schools (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools that will improve high school graduation rates, college attainment, and career readiness; and (2) to further integrate into this Act, Federal policy for such schools, as established in the Native American Languages Act ( Public Law 101–477 ). (b) Program authorized (1) In general From the amounts made available to carry out this section, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education sites and streams, using Native American languages as the primary language of instruction of all curriculum taught. (2) Eligible entities In this section, the term eligible entity means a tribe, Tribal College or University (as defined in section 316 of the Higher Education Act of 1965), tribal education agency, school, or a private or tribal, nonprofit organization, which has a plan to develop and maintain, or to improve and expand, programs that support schools using Native American languages as the primary language of instruction of all curriculum taught at the schools. (c) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) The name of the Native American language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of present hours of instruction in or through 1 or more Native American languages being provided to targeted students at such school, if any. (D) The status of such school with regard to any applicable tribal education department or agency, public education system, indigenous language schooling research and cooperative, or accrediting body. (E) A statement that such school— (i) is engaged in meeting targeted proficiency levels for students, as may be required by applicable Federal, State, or tribal law; and (ii) provides assessments of student using the Native American language of instruction, where appropriate. (F) A list of the instructors, staff, administrators, contractors, or subcontractors at such school and their qualifications to deliver high quality education through the Native American language of the school. (2) Additional application materials In addition to the application described in paragraph (1), an eligible entity that desires to receive a grant under this section shall submit to the Secretary the following: (A) A certification from a Federally recognized Indian tribe, or a letter from any Native American entity, on whose land the school supported by the eligible entity is located, or which is served by such school, indicating that the school has the capacity to provide education primarily through a Native American language and that there are sufficient speakers of such Native American language at the school or available to be hired by the school. (B) A statement that such school will collect data relative to high school graduation, college attendance, or other data relevant to student achievement, career readiness, or community participation of students who matriculate through its programs, and will participate in data collection conducted by the Secretary that will determine best practices and further academic evaluation of the school. (C) A demonstration of the capacity to have speakers of its Native American language provide the basic education offered by such school on a full-time basis. (d) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount and length of each grant; (2) ensure, to the maximum extent feasible, that diversity in languages is represented; and (3) require the eligible entities to present a Native language education plan that integrates high achievement in the Native American language with improved student academic achievement, high school graduation rates, college attainment, and career readiness. (e) Activities authorized An eligible entity that receives a grant under this section shall carry out the following activities: (1) Support Native American language education and development. (2) Develop or refine instructional curriculum for the school supported by the eligible entity, including distinctive teaching materials and activities, as appropriate. (3) Fund training opportunities for teachers and, as appropriate, staff and administrators, that would strengthen the overall language and academic goals of such school. (4) Develop a Native Language alignment plan to create or refine assessments of student proficiency on State or tribally-developed academic standards for Native American language schools, aligned with the Native language of instruction in such schools, as appropriate. (5) Other activities that promote Native American language education and development, as appropriate. (f) Report to secretary Each eligible entity that receives a grant under this section shall provide an annual report to the Secretary in such form and manner as the Secretary may require. (g) Authorization of appropriation There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2015, and such sums as may be necessary for each of the 4 succeeding fiscal years. .

August 26, 2014 Reported with an amendment