[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5222 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5222

 To amend the Native American Languages Act to provide for the support 
 of Native American language survival schools, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2006

   Mr. Case introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
 To amend the Native American Languages Act to provide for the support 
 of Native American language survival schools, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Languages Amendments 
Act of 2006''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to encourage and support, consistent with the policy of 
        the United States as expressed in the Native American Languages 
        Act (25 U.S.C. 2901 et seq.)--
                    (A) the development of Native American language 
                survival schools as innovative means of addressing the 
                negative effects of past practices with respect to 
                Native American language speakers; and
                    (B) the revitalization of Native American languages 
                through--
                            (i) education in Native American languages; 
                        and
                            (ii) instruction in other academic subjects 
                        using Native American languages as an 
                        instructional medium;
            (2) to demonstrate the positive effects of Native American 
        language survival schools on the academic success of Native 
        American students and the students' mastery of standard 
        English;
            (3) to encourage and support the involvement of families in 
        the educational and cultural survival efforts of Native 
        American language survival schools;
            (4) to encourage communication, cooperation, and 
        educational exchange among Native American language survival 
        schools and the administrators of Native American language 
        survival schools;
            (5) to provide support for Native American language 
        survival school facilities and endowments;
            (6) to provide support for Native American language nests--
                    (A) as part of Native American language survival 
                schools; or
                    (B) as separate programs that will be developed 
                into more comprehensive Native American language 
                survival schools;
            (7) to support the development of local and national models 
        that can be disseminated to the public and made available to 
        other schools as exemplary methods of teaching Native American 
        students;
            (8) to encourage the participation of private education in 
        Native American language education;
            (9) to develop support for Native American language 
        survival schools at the university level among federally funded 
        institutions; and
            (10) to provide direction relative to existing provisions 
        of the Native American Languages Act (25 U.S.C. 2901 et seq.) 
        regarding teacher, staff, and student use of Native American 
        languages in publicly supported education, including charter 
        schools.

SEC. 3. DEFINITIONS.

    Section 103 of the Native American Languages Act (25 U.S.C. 2902) 
is amended to read as follows:

``SEC. 103. DEFINITIONS.

    ``In this title:
            ``(1) Elementary school.--The term `elementary school' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965.
            ``(2) Indian.--The term `Indian' has the meaning given the 
        term in section 7151 of the Elementary and Secondary Education 
        Act of 1965.
            ``(3) Indian reservation.--The term `Indian reservation' 
        has the meaning given the term `reservation' in section 3 of 
        the Indian Financing Act of 1974.
            ``(4) Indian tribal government.--The term `Indian tribal 
        government' has the meaning given the term in section 502 of 
        the Indian Environmental General Assistance Program Act of 
        1992.
            ``(5) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act.
            ``(6) Institution of higher education.--The term 
        `institution of higher education' has the meaning given to that 
        term in section 101(a) of the Higher Education Act of 1965.
            ``(7) Local educational agency.--The term `local 
        educational agency' has the meaning given to that term in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965.
            ``(8) Native american.--The term `Native American' means--
                    ``(A) an Indian;
                    ``(B) a Native American Pacific Islander; or
                    ``(C) a Native Hawaiian.
            ``(9) Native american language.--The term `Native American 
        language' means a historical, traditional language spoken by 
        Native Americans.
            ``(10) Native american language college.--The term `Native 
        American language college' means--
                    ``(A) a tribally controlled college or university 
                (as defined in section 2 of the Tribally Controlled 
                College or University Assistance Act of 1978);
                    ``(B) Ka Haka `Ula O Ke'elikolani, the Hawaiian 
                language college of the State of Hawaii;
                    ``(C) Ilisagvik College, of Alaska; and
                    ``(D) any accredited government college or 
                university in a Pacific Islands territory or possession 
                of the United States within which the majority of 
                instruction or administration is through one or more 
                Native American languages.
            ``(11) Native american language educational organization.--
        The term `Native American language educational organization' 
        means an organization that--
                    ``(A) is governed by a board consisting of--
                            ``(i) primarily Native Americans; and
                            ``(ii) as many speakers of 1 or more Native 
                        American languages as practicable;
                    ``(B) is currently providing instruction through 
                the use of a Native American language to at least 10 
                preschool, elementary school, or secondary school 
                students for at least 700 hours per year per student;
                    ``(C) has provided instruction through the use of a 
                Native American language to at least 10 preschool, 
                elementary school, or secondary school students for at 
                least 700 hours per year per student for a period of 
                not less than 3 years before the date of application 
                for a grant or contract under this title; and
                    ``(D) may be a public school that meets the 
                requirements of subparagraphs (A), (B), and (C).
            ``(12) Native american language nest.--The term `Native 
        American language nest' means a site-based educational program 
        that--
                    ``(A) enrolls families with children under the age 
                of 7;
                    ``(B) is conducted through a Native American 
                language for at least 700 hours per year per student; 
                and
                    ``(C) has the specific goal of strengthening, 
                revitalizing, or reestablishing a Native American 
                language and culture as a living language and culture 
                of daily life.
            ``(13) Native american language survival school.--The term 
        `Native American language survival school' means a site-based 
        educational program--
                    ``(A) in which a Native American language is 
                dominant;
                    ``(B) that expands from a Native American language 
                nest, as a separate entity or inclusive of a Native 
                American language nest, to enroll families with 
                children eligible for elementary school or secondary 
                school; and
                    ``(C) that provides a complete education through a 
                Native American language with the specific goal of 
                strengthening, revitalizing, or reestablishing a Native 
                American language and culture as a living language and 
                culture of daily life.
            ``(14) Native american pacific islander.--The term `Native 
        American Pacific Islander' means any descendant of the 
        aboriginal people of any island in the Pacific Ocean that is a 
        territory or possession of the United States.
            ``(15) Native hawaiian.--The term `Native Hawaiian' has the 
        meaning given the term in section 7207 of the Elementary and 
        Secondary Education Act of 1965.
            ``(16) Secondary school.--The term `secondary school' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965.
            ``(17) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(18) State educational agency.--The term `State 
        educational agency' has the meaning given to that term in 
        section 9101 of the Elementary and Secondary Education Act of 
        1965.
            ``(19) Tribal organization.--The term `tribal organization' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act.''.

SEC. 4. NATIVE AMERICAN LANGUAGE NESTS AND SURVIVAL SCHOOLS.

    The Native American Languages Act (25 U.S.C. 2901 et seq.) is 
amended by adding at the end the following:

``SEC. 108. NATIVE AMERICAN LANGUAGE NESTS.

    ``(a) In General.--The Secretary may make grants to, or enter into 
contracts with, Native American language educational organizations, 
Native American language colleges, Indian tribal governments, 
organizations that demonstrate the potential to become Native American 
language educational organizations, or consortia of such entities for 
the purpose of establishing Native American language nests for--
            ``(1) students under the age of 7; and
            ``(2) families of the students.
    ``(b) Requirements.--A Native American language nest receiving 
funds under this section shall--
            ``(1) provide instruction and child care through the use of 
        a Native American language for at least 10 children under the 
        age of 7 for at least 700 hours per year per student;
            ``(2) provide compulsory classes in a Native American 
        language for parents of students enrolled in a Native American 
        language nest (including Native American language-speaking 
        parents);
            ``(3) provide compulsory monthly meetings for parents and 
        other family members of students enrolled in a Native American 
        language nest;
            ``(4) provide a preference in enrollment for students and 
        families who are fluent in a Native American language;
            ``(5) receive at least 5 percent of the funding for the 
        program from another source, which may include any federally 
        funded program (such as a Head Start program funded under the 
        Head Start Act); and
            ``(6) ensure that a Native American language becomes the 
        dominant medium of instruction in the Native American language 
        nest not later than 3 years after the date on which the Native 
        American language nest first receives funding under this title.
    ``(c) Priority.--In making grants or entering into contracts under 
this section, the Secretary shall give priority to--
            ``(1) previously federally funded Native American language 
        nest programs that continue to demonstrate full use of their 
        target Native American language or languages in all aspects of 
        their program;
            ``(2) previously federally funded Native American language 
        survival school programs that continue to demonstrate no less 
        than 80 percent use of their target Native American language in 
        all aspects of their program;
            ``(3) maximum geographic, linguistic, and tribal diversity 
        in each funding period;
            ``(4) the provision of direct educational services;
            ``(5) applicants that have the support of each appropriate 
        tribal government; and
            ``(6) applicants that have researched language 
        revitalization and the unique characteristics and circumstances 
        of the languages of their schools.

``SEC. 109. NATIVE AMERICAN LANGUAGE SURVIVAL SCHOOLS.

    ``(a) In General.--The Secretary may make grants to, or enter into 
contracts with, Native American language educational organizations, 
Native American language colleges, Indian tribal governments, or 
consortia of such entities, to operate, expand, and increase the number 
of Native American language survival schools throughout the United 
States and the territories and possessions of the United States for 
Native American children and Native American language-speaking 
children.
    ``(b) Eligibility.--As a condition of receiving funds under 
subsection (a), a Native American language educational organization, a 
Native American language college, an Indian tribal government, or a 
consortium of such entities--
            ``(1) shall have at least 3 years experience in operating 
        and administering--
                    ``(A) a Native American language survival school;
                    ``(B) a Native American language nest; or
                    ``(C) any other educational program in which 
                instruction is conducted in a Native American language;
            ``(2) shall include students who are subject to State 
        compulsory education laws; and
            ``(3) may include--
                    ``(A) students from infancy through grade 12; and
                    ``(B) the families of the students.
    ``(c) Priority.--In making grants or entering into contracts under 
this section, the Secretary shall give priority to--
            ``(1) previously federally funded Native American language 
        nest programs that continue to demonstrate full use of their 
        target Native American language or languages in all aspects of 
        their program;
            ``(2) previously federally funded Native American language 
        survival school programs that continue to demonstrate no less 
        than 80 percent use of their target Native American language in 
        all aspects of their program;
            ``(3) maximum geographic, linguistic, and tribal diversity 
        in each funding period;
            ``(4) the provision of direct educational services;
            ``(5) applicants that have the support of each appropriate 
        tribal government; and
            ``(6) applicants that have researched language 
        revitalization and the unique characteristics and circumstances 
        of the languages of their schools.
    ``(d) Use of Funds.--
            ``(1) Required uses.--A Native American language survival 
        school receiving funds under this section--
                    ``(A) shall consist of not less than 700 hours of 
                instruction per student conducted annually through 1 or 
                more Native American languages for at least 15 students 
                for whom a Native American language survival school is 
                their principal place of instruction;
                    ``(B) shall provide direct educational services and 
                school support services to students, which may 
                include--
                            ``(i) support services for children with 
                        special needs;
                            ``(ii) transportation;
                            ``(iii) boarding;
                            ``(iv) food service;
                            ``(v) teacher and staff housing;
                            ``(vi) purchase of basic materials;
                            ``(vii) adaptation of teaching materials;
                            ``(viii) translation and development; and
                            ``(ix) other appropriate services;
                    ``(C)(i) shall provide direct or indirect 
                educational and support services for the families of 
                enrolled students on site, through colleges, or through 
                other means to increase the families' knowledge and use 
                of the Native American language and culture; and
                    ``(ii) may impose a requirement of family 
                participation as a condition of student enrollment; and
                    ``(D) shall ensure that within 3 years of 
                enrollment, all students achieve functional fluency in 
                a Native American language that is appropriate to the 
                unique circumstances and endangerment status of the 
                Native American language, with the ultimate goal of 
                academic or cognitive fluency.
            ``(2) Permissible uses.--A Native American language 
        survival school receiving funds under this section may--
                    ``(A) include Native American language nests and 
                other educational programs for students who--
                            ``(i) are not Native American language 
                        speakers; but
                            ``(ii) seek--
                                    ``(I) to establish fluency through 
                                instruction in a Native American 
                                language; or
                                    ``(II) to reestablish fluency as 
                                descendants of Native American language 
                                speakers;
                    ``(B) provide instruction through more than 1 
                language;
                    ``(C) provide instruction through a regional 
                program (as opposed to 1 site) to better serve 
                geographically dispersed students;
                    ``(D) include a program of concurrent and summer 
                college or university education course enrollment for 
                secondary school students enrolled in the Native 
                American language survival school;
                    ``(E) provide special support for Native American 
                languages for which there are very few or no remaining 
                Native American language speakers;
                    ``(F) develop comprehensive curricula in Native 
                American language instruction and instruction through 
                Native American languages, including--
                            ``(i) curricula that can be used by public 
                        schools for--
                                    ``(I) instruction through a Native 
                                American language; or
                                    ``(II) teaching Native American 
                                languages as subjects;
                            ``(ii) community Native American language 
                        use in communities served by Native American 
                        language survival schools; and
                            ``(iii) knowledge of a specific Native 
                        American language gained through research for 
                        the purpose of directly aiding the development 
                        of curriculum materials;
                    ``(G) provide programs in pre-service and in-
                service teacher training, staff training, personnel 
                development, upgrading of teacher and staff skills, and 
                community resource development training, that shall 
                include a program component that has as the objective 
                of the program component increased speaking proficiency 
                in Native American languages for teachers and staff 
                employed in Native American language survival schools 
                and Native American language nests, which may include--
                            ``(i) visits or exchanges among Native 
                        American language survival schools and Native 
                        American language nests of teachers, staff, 
                        students, or families of students;
                            ``(ii) participation in conferences or 
                        special nondegree programs focusing on the use 
                        of 1 or more Native American languages for the 
                        education of teachers, staff, students, or 
                        families of students;
                            ``(iii) subject to paragraph (3), full or 
                        partial scholarships and fellowships to 
                        colleges or universities--
                                    ``(I) to provide for the 
                                professional development of faculty and 
                                staff;
                                    ``(II) to meet requirements for the 
                                involvement of the family or the 
                                community of Native American language 
                                survival school students in Native 
                                American language survival schools; and
                                    ``(III) to develop resource 
                                personnel for Native American language 
                                programs in public schools;
                            ``(iv) training in the language and culture 
                        associated with a Native American language 
                        survival school that is provided by a community 
                        or academic expert, including credit courses;
                            ``(v) structuring of personnel operations 
                        to support Native American language and 
                        cultural fluency and program effectiveness;
                            ``(vi) Native American language planning, 
                        documentation, reference material, and archives 
                        development; and
                            ``(vii) recruitment for participation in 
                        teacher, staff, student, and community 
                        development; or
                    ``(H) rent, lease, purchase, construct, maintain, 
                or repair educational facilities to ensure the academic 
                achievement of Native American language survival school 
                students.
            ``(3) Requirements for recipients of fellowships or 
        scholarships.--A recipient of a fellowship or scholarship under 
        paragraph (2)(G)(iii) who is enrolled in a program leading to a 
        degree or certificate shall--
                    ``(A) be trained in the Native American language of 
                the Native American language survival school, if such 
                program is available through that Native American 
                language;
                    ``(B) complete a minimum annual number of hours in 
                Native American language study or training during the 
                period of the fellowship or scholarship; and
                    ``(C) enter into a contract that obligates the 
                recipient to provide the recipient's professional 
                services, during the period of the fellowship or 
                scholarship or on completion of a degree or 
                certificate, in Native American language instruction in 
                the Native American language associated with the Native 
                American language survival school in which the service 
                obligation is to be fulfilled.

``SEC. 110. DEMONSTRATION PROGRAMS.

    ``(a) Establishment.--The Secretary shall make grants, or enter 
into contracts, to establish 4 demonstration programs that will provide 
assistance to Native American language survival schools and Native 
American language nests.
    ``(b) Locations and Purposes.--The demonstration programs shall be 
established through grants to--
            ``(1) the `Aha Punana Leo, Inc. in consortium with Ka Haka 
        `Ula O Ke'elikolani, and with other entities if determined to 
        be appropriate by the `Aha Punana Leo, Inc.--
                    ``(A) for conduct of a demonstration program in the 
                development and operation of the various private/public 
                partnership components of a comprehensive regional 
                Native American language survival school program 
                integrated with a Native American language college 
                using the Native American language from the 
                baccalaureate to graduate school level; and
                    ``(B) for the provision of assistance in the 
                establishment, operation, and administration of Native 
                American language nests and Native American language 
                survival schools by such means as--
                            ``(i) training;
                            ``(ii) hosting informational visits to 
                        demonstration sites; and
                            ``(iii) providing a national clearinghouse 
                        for data and information relevant to--
                                    ``(I) teaching Native American 
                                languages;
                                    ``(II) conducting outreach;
                                    ``(III) offering courses;
                                    ``(IV) providing conferences; and
                                    ``(V) carrying out other 
                                activities;
            ``(2) the Piegan Institute of Browning, Montana, for 
        demonstration of the operation of a Native American language 
        nest and Native American language survival school;
            ``(3) the governing board of Window Rock Unified School 
        District No. 8 and its Indian Education Committee on the Navajo 
        Reservation for demonstration of the operation of Tsehootsooi 
        Dine Bi'olta' as a Native American language survival school; 
        and
            ``(4) the Alaskan Federation of Natives, in consortium with 
        other entities as the Alaska Native Language Center advises to 
        be appropriate, for the conduct of a demonstration program, 
        training, outreach, conferences, and visitation programs, and 
        for scientific research-based provision of other assistance, in 
        developing--
                    ``(A) orthographies;
                    ``(B) resource materials;
                    ``(C) language documentation;
                    ``(D) language preservation;
                    ``(E) material archiving; and
                    ``(F) community support for development, for 
                diverse languages, and for Native American language 
                nest and Native American survival school initiatives in 
                the Lower Kuskokwim School District and other sites as 
                appropriate.
    ``(c) Use of Technology.--The demonstration programs established 
under this section may employ synchronic and asynchronic 
telecommunications and other appropriate means to maintain coordination 
and cooperation among the programs and with participating Native 
American language survival schools and Native American language nests.
    ``(d) Site Visit Evaluations.--The demonstration programs 
established under this section shall provide direction to the Secretary 
in developing a site visit evaluation of Native American language 
survival schools and Native American language nests.
    ``(e) Follow-up and Data Collection.--A demonstration program 
established under this section may conduct follow-up data collection 
and analysis on students while the students are in school--
            ``(1) to assess how Native American language survival 
        school students are performing in comparison with other 
        students; and
            ``(2) to identify instructional methods that are working 
        and instructional methods that are not working.
    ``(f) Endowments and Facilities.--A demonstration program 
established under this section may--
            ``(1) establish endowments to further the activities of the 
        demonstration program relating to the study and preservation of 
        Native American languages; and
            ``(2) use funds to provide for the rental, lease, purchase, 
        construction, maintenance, and repair of facilities.''.

SEC. 5. NATIVE AMERICAN LANGUAGE EDUCATION ACCESS.

    The Native American Languages Act (25 U.S.C. 2901 et seq.), as 
amended by section 4, is further amended by adding at the end the 
following:

``SEC. 111. DEMONSTRATION OF APPROPRIATE TRAINING AND OUTCOMES.

    ``(a) In General.--The Secretary shall recognize the unique 
circumstances of education in Native American languages and shall 
provide for the meeting of national educational standards through 
alternative means in the area of Native American language education.
    ``(b) Training and Qualification Requirements for Teachers and 
Staff in Native American Language Survival Schools and Native American 
Language Nests.--
            ``(1) In general.--Notwithstanding any other Federal law 
        requiring teacher or educational or administrative staff 
        training or qualifications (including section 1119 of the 
        Elementary and Secondary Education Act of 1965), any Native 
        American language survival school or Native American language 
        nest shall have the option of satisfying Federal requirements 
        of appropriate training and qualifications for any of its 
        teachers and staff by demonstration of annual satisfactory 
        progress in an alternative certification program that the 
        school or language nest develops for its individual teachers 
        and staff members.
            ``(2) Alternative certification programs.--Such alternative 
        certification programs shall--
                    ``(A) be based on--
                            ``(i) high academic achievement in content 
                        areas for contemporary education;
                            ``(ii) high achievement in the Native 
                        American language and culture of instruction; 
                        and
                            ``(iii) high achievement in pedagogy 
                        appropriate to the Native American culture of 
                        instruction;
                    ``(B) include an annual report on progress made in 
                meeting the plan;
                    ``(C) be submitted annually to the approving entity 
                under subparagraph (D) by January 31; and
                    ``(D) be approved or rejected by July 15--
                            ``(i) by the teacher certification unit of 
                        a Native American language college for cases 
                        where such a college agrees to be the approving 
                        entity; or
                            ``(ii) by any other entity or entities 
                        which the Secretary shall recognize or 
                        establish for such purposes.
    ``(c) Performance Assessments of Students, Teachers and Staff in 
Native American Language Survival Schools and Native American Language 
Nests.--Notwithstanding any other Federal law requiring performance 
assessments of students, teachers, or staff (including sections 1111 
and 9101(23) of the Elementary and Secondary Education Act of 1965), 
any Native American language survival school or Native American 
language nest--
            ``(1) shall have the option of satisfying Federal 
        performance assessment requirements through annual 
        demonstration of appropriate student, teacher, or staff 
        performance in an evaluation and research instrument package 
        that the school or language nest develops; and
            ``(2) such alternative evaluation and research instrument 
        packages shall--
                    ``(A) be based on--
                            ``(i) high global academic achievement;
                            ``(ii) high achievement in the Native 
                        American language and culture of instruction; 
                        and
                            ``(iii) the curriculum of the program;
                    ``(B) include a report on achievement during the 
                previous year relative to the evaluation;
                    ``(C) be submitted annually to the approving entity 
                under subparagraph (D) by July 31; and
                    ``(D) be approved or rejected by February 1--
                            ``(i) by the teacher certification unit of 
                        a Native American language college for cases 
                        where such a college agrees to be the approving 
                        entity; or
                            ``(ii) by any other entity or entities 
                        which the Secretary shall recognize or 
                        establish for such purposes.
    ``(d) Training and Qualifications of Other Teachers and 
Paraprofessionals in the Field of Native American Languages.--
            ``(1) In general.--Notwithstanding any other Federal law 
        requiring teacher or staff training or qualifications, any 
        teacher or paraprofessional who solely teaches a Native 
        American language or culture or who works as a paraprofessional 
        to provide bilingual education assistance to a teacher of 
        Native American children shall have the option of 
        satisfactorily demonstrating appropriate qualifications for 
        employment under Federal law (including section 9101(23) of the 
        Elementary and Secondary Education Act of 1965) through--
                    ``(A) certification by an Indian tribe associated 
                with the language used by the teacher or 
                paraprofessional;
                    ``(B) designation as a qualified Native American 
                language expert by a Native American language 
                educational organization associated with the language 
                used by the teacher or paraprofessional;
                    ``(C) designation as a qualified Native American 
                language expert by the teacher certification unit of a 
                Native American language college; or
                    ``(D) participation in an alternative certification 
                program under subsection (b) in association with a 
                consenting Native American language survival school or 
                Native American language nest when such a school or 
                language nest exists for the target language.
            ``(2) Evidence of certification.--For purposes of paragraph 
        (1), evidence of certification or designation under such 
        paragraph shall be provided to the State in which the program 
        is located.
            ``(3) Review of certification.--Certification granted by an 
        Indian tribe under paragraph (1)(A), designation granted by a 
        Native American language educational organization or a teacher 
        certification unit under paragraph (1)(B) or (C), and 
        certification granted through an alternative certification 
        program pursuant to paragraph (1)(D), shall be subject to 
        review by the granting entity every 5 years (or more frequently 
        if the granting entity determines appropriate) and may be 
        revoked by the granting entity.

``SEC. 112. PROHIBITIONS ON RESTRICTIONS ON NATIVE AMERICAN LANGUAGE 
              USE IN FEDERALLY FUNDED EDUCATIONAL ENTITIES.

    ``(a) Establishment.--Notwithstanding any other Federal law, no 
Federal agency, State educational agency, local educational agency, 
early childhood education program, institution of higher education, 
educational service agency, or any other entity providing or receiving 
educational assistance under any Federal Act shall fail to recognize 
and support the right of Native Americans to express themselves in 
Native American languages in publicly supported education.
    ``(b) Performance Assessments and Qualifications.--Notwithstanding 
any other Federal law, no Federal agency, State educational agency, 
local educational agency, early childhood education program, 
institution of higher education, educational service agency, or any 
other entity providing or receiving educational assistance under any 
Federal Act shall fail to recognize as meeting Federal requirements any 
of the following:
            ``(1) Satisfactory scores on performance assessments of 
        students, staff, and teachers carried out consistent with 
        section 111.
            ``(2) Training and qualifications of teachers, staff, and 
        paraprofessionals carried out consistent with section 111.
    ``(c) Administration, Development, and Delivery of Programs.--
            ``(1) Substitution of native american language.--
        Notwithstanding any other Federal law, no Federal agency, State 
        educational agency, local educational agency, early childhood 
        education program, institution of higher education, educational 
        service agency, or any other entity providing or receiving 
        educational assistance under any Federal Act shall fail to 
        allow substitution of a Native American language in serving 
        Native Americans where English is otherwise required for the 
        administration, development, or delivery of programs.
            ``(2) Model for developing english language skills.--
        Notwithstanding any other Federal law, Native American language 
        survival schools and Native American language nests that follow 
        a model endorsed by a teacher certification unit of a Native 
        American language college for developing English language 
        skills shall be considered as meeting any requirements relative 
        to the teaching of English.
    ``(d) Student Access to Native American Language Programs.--
Notwithstanding any other Federal law, no Federal agency, State 
educational agency, local educational agency, early childhood education 
program, institution of higher education, educational service agency, 
or any other entity controlling or funding the educational curriculum 
of Native American students and providing or receiving educational 
assistance under any Federal Act shall deny the request of the parents 
of 15 or more such Native American students in the same school or 
educational site for a particular program using or teaching a 
particular Native American language for their children if--
            ``(1) the parents have identified a willing teacher who 
        meets the applicable Federal and State requirements relative to 
        qualifications and training; and
            ``(2)(A) similar programs are provided for similar groups 
        of students for other non-English languages at the school or 
        educational site;
            ``(B) the program is one of gradual transition to English 
        medium education;
            ``(C) the program is a Native American language nest 
        program; or
            ``(D) the program serves Native American language speaking 
        children with a Native American language survival school 
        program.
    ``(e) College Credit for Proficiency in Native American 
Languages.--Notwithstanding any other Federal law, no institution of 
higher education receiving assistance under any Federal Act shall deny 
the request of a Native American student--
            ``(1) to use secondary school study of a Native American 
        language to meet entrance requirements to that institution of 
        higher education when parallel quality and quantity of content 
        in secondary school foreign language study is acceptable for 
        such entrance requirements;
            ``(2) to receive college credit applicable to general 
        requirements of a degree equivalent to college credit accorded 
        study of a foreign language, or through a foreign language, at 
        that institution of higher education--
                    ``(A) when the student has passed, at that 
                institution of higher education, a college course in, 
                or through, a Native American language, which is 
                parallel in quantity and quality of content to a course 
                in, or through, a foreign language offered at that 
                institution of higher education;
                    ``(B) when the student has taken, at another 
                institution, a college course in, or through, a Native 
                American language which is parallel in quantity and 
                quality of content to a course in, or through, a 
                foreign language offered at that institution of higher 
                education; or
                    ``(C) when the student demonstrates through an 
                appropriate examination, proficiency in a Native 
                American language equivalent to the level of 
                proficiency in a foreign language for which credit is 
                given by that institution of higher education; or
            ``(3) to have an equitable prorated fraction of his or her 
        tuition used to hire a teacher or contract a program provider 
        in any particular Native American language if--
                    ``(A) the student is part of a group of at least 15 
                Native American students with the same or different 
                Native American language interests making such a 
                request for the same academic year;
                    ``(B) the students have identified a teacher or 
                teachers qualified under section 111(b) as a potential 
                hire of the institution of higher education or pursuant 
                to contracted services from a program provider;
                    ``(C) the course offered or the program provided, 
                which may be a distance education program or a summer 
                program, is to be parallel in quantity and quality of 
                content to a course in, or through, a foreign language 
                offered for credit by the institution of higher 
                education; and
                    ``(D) the program provider is, or is specifically 
                endorsed by, an Indian tribe, a Native American 
                language college, or a Native American language 
                educational organization associated with the language 
                to be taught.

``SEC. 113. PARTICIPATION BY PRIVATE EDUCATION ENTITIES AND CHARTER 
              SCHOOLS.

    ``(a) Establishment.--The Secretary shall provide for the inclusion 
of support for Native American language nests and Native American 
language survival schools in Federal support for private education and 
charter schools, shall assure that such support is coordinated as part 
of a unified effort for Native American language revitalization, and 
shall look to Native American language educational organizations to 
lead coordinated public-private cooperative efforts to revitalize 
Native American languages.
    ``(b) Relating to Charter Schools.--Notwithstanding any other 
Federal law, no State educational agency or local educational agency 
receiving Federal funding to fund charter schools shall exclude the 
granting of a charter and funding for a Native American language nest 
or Native American language survival school based on--
            ``(1) use of a Native American language as its medium of 
        instruction when approved by a tribe associated with the 
        language of instruction, or as appropriate, a Native American 
        language organization associated with the language of 
        instruction;
            ``(2) action or inaction to comply with this Act;
            ``(3) curriculum, if that curriculum is approved by the 
        teacher certification unit of a Native American language 
        college;
            ``(4) geographic location if that location is within 
        boundaries served for other public educational purposes by that 
        State educational agency or local educational agency, to 
        include Indian Reservations and other lands associated with 
        Native Americans; or
            ``(5) joint administration with other schools, including 
        other charter schools, when such administration is by a Native 
        American language educational organization that provides 
        programing meeting the definition of a Native American language 
        nest or Native American language survival school.
    ``(c) Relating to Federal Support of Private Education.--
            ``(1) In general.--Notwithstanding any other Federal law, 
        no State educational agency or local educational agency 
        receiving Federal funding to fund education in private schools 
        shall exclude such support to a private Native American 
        language nest program or to a private Native American language 
        survival school program based on--
                    ``(A) use of a Native American language as its 
                medium of instruction when approved by a tribe 
                associated with the language of instruction, or as 
                appropriate, a Native American language organization 
                associated with the language of instruction;
                    ``(B) action or inaction to comply with this Act;
                    ``(C) curriculum, if that curriculum is approved by 
                the teacher certification unit of a Native American 
                language college;
                    ``(D) geographic location if that location is 
                within boundaries served for public educational 
                purposes by that State educational agency or by that 
                local educational agency, to include Indian 
                Reservations and other lands associated with Native 
                Americans; or
                    ``(E) joint administration with other schools.
            ``(2) Bypass.--When State or local law precludes the 
        support of private education by the State educational agency or 
        the local educational agency, Native American language 
        educational organizations shall be used by the Federal 
        Government to fund private Native American language nests, 
        private Native American language survival schools, and other 
        Native American language programs in private schools to the 
        extent that entities other than a State educational agency or a 
        local educational agency are allowed to serve this purpose 
        under Federal law.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    The Native American Languages Act (25 U.S.C. 2901 et seq.), as 
amended by section 5, is further amended by adding at the end the 
following:

``SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as are necessary for each of fiscal years 2007 through 
2012.''.
                                 <all>