Topic: Public Lands — Indigenous Affairs
Subject: Native Americans
Date: 2011-12-06 00:00:00

Native Culture, Language, and Access for Success in Schools Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA) to facilitate the inclusion of Indian tribes in the school improvement process. Establishes an Indian School Turn Around grant program to assist tribes in implementing transformation, restart, or turnaround school intervention models at low-performing Indian schools. Requires states to develop standards-based assessments and classroom lessons that accommodate diverse learning styles. Excepts Native language teachers from the requirement that teachers be highly qualified. Requires states to develop alternative licensure or certification requirements for those teachers. Amends part D (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk) of title I of the ESEA to facilitate the participation of Indian tribes in part D programs. Establishes: (1) an Indian Children and Youth At-Risk Education grant program to assist tribes in providing education and other services to Indian youth in correctional facilities, and (2) a grant program to assist tribes in providing educational alternatives for Indian youth who have been sentenced to incarceration or juvenile detention. Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the ESEA to enhance teacher and principal training and recruiting for Indian schools. Establishes an Indian Educator Scholarship program for Indians who are studying to be elementary or secondary school teachers and agree to serve in an Indian school or public school serving a significant number of Indian students. Includes Indian schools in the program to recruit and train mathematics and science teachers under part B and in the Troops-to-Teachers program under part C of title II. Amends title III (Language Instruction for Limited English Proficient and Immigrant Students) of the ESEA to require the Secretary of Education (Secretary) to award grants to Indian and educational organizations for Native American language programs. Authorizes tribes to enter into agreements with states to assume state responsibilities and receive a portion of their funding for administering and implementing specified education programs on tribal lands. Requires the Secretary to establish a Safe and Healthy Schools for Native American Students program under title IV (21st Century Schools) of the ESEA. Amends part A (Indian Education) of title VII (Indian, Native Hawaiian, and Alaska Native Education) of the ESEA to facilitate the participation of Indian tribes in Indian elementary and secondary education grant programs and fund Native American Language programs. Authorizes tribes to enter into a cooperative agreement with a state or local educational agency (LEA) to assume the role of the state or LEA with respect to schools on Indian land. Establishes the Tribal Education Agency Pilot Project that provides selected Indian tribes with federal funding, and allows them to administer all state functions authorized under the ESEA, for Indian schools, or schools on Indian lands or serving Indian students. Establishes a program awarding grants to LEAs, institutions of higher education (IHEs), or nonprofit organizations to create or expand teacher and administrator pipelines for teachers and administrators of Native American students. Establishes the National Board Certification Incentive Demonstration program to cover the costs teachers of Indians incur in obtaining such certification and boost their compensation. Establishes the Tribal Language Immersion Schools program to assist elementary and secondary schools and Tribal Colleges or Universities in using an American Indian, Alaska Native, or Native Hawaiian language as the primary language of instruction at the schools. Establishes a grant program to improve the collection, coordination, and electronic exchange of Indian student records between states, LEAs, and Indian schools. Reauthorizes appropriations under part A through FY2017. Amends the Impact Aid program to require the Secretary to complete Impact Aid payments to eligible LEAs that claim children residing on Indian lands within three fiscal years of their appropriation. Considers teachers of Native American language, history, or culture in a state or any Indian school to be highly qualified for purposes of the ESEA if they are certified by a tribe as highly qualified to teach those subjects. Gives Indian schools the same eligibility and consideration for any competitive program under the ESEA as LEAs are given. Requires all ESEA public school assistance programs to reserve 1% of their funding to provide Indian schools with the technical expertise and capacity to compete for such assistance. Amends the American Recovery and Reinvestment Act of 2009 to require the Secretary to reserve for Indian schools a portion of the amounts appropriated for the State Incentive Grants and Innovation Fund programs. Requires states to ensure that high-quality early learning services are provided to Indian children. Amends the Internal Revenue Code to exclude certain educational benefits provided to members of Indian tribes from gross income. Amends the Education Amendments of 1978 to require the Secretary of the Interior to establish the Tribal Education Policy Advisory Group. Amends the Indian Self-Determination and Education Assistance Act to require the Secretary of the Interior to establish a qualified school construction bond escrow account. Amends the Equity in Educational Land-Grant Status Act of 1994 to make Keweenaw Bay Ojibwa Community College a 1994 Land Grant Institution. Amends the Workforce Investment Act of 1998 to establish an American Indian Tribal College or University Adult Education and Family Literacy program. Directs the Secretary to: (1) expand programs for Native American school children that support learning in their Native language and culture and provide English language instruction, and (2) conduct research on culture- and language-based education. Directs the Secretary of the Interior to establish: (1) a grant program to assist Native Americans in ensuring the survival and continuing vitality of Native American languages, and (2) an in-school facility innovation program contest to encourage IHEs to solve the problem of how to improve Indian school facilities for problem-based learning. Requires the Secretary and the Secretary of the Interior to establish a Department of the Interior and Department of Education Joint Oversight Board to coordinate Indian education policies and assistance. Directs the Government Accountability Office (GAO) to study the feasibility of transferring the Bureau of Indian Education from the Department of the Interior to the Department of Education. Requires the Secretary of Education to study the feasibility of entering into self-governance compacts and contracts with Indian tribal governments that wish to operate public schools on their lands. Establishes the Center for Indigenous Excellence to support the development and demonstration of Native American language and culture-based education.