Short title

This Act may be cited as the

Native American Languages Amendments Act of 2006

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.

Definitions

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

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 Keelikōlani, 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.

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:

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.

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

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.

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 Pūnana Leo, Inc. in consortium with Ka Haka Ula O Keelikōlani, and with other entities if determined to be appropriate by the ‘Aha Pūnana 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 Tséhootsooí Diné Bi'ólta' 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.

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:

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.

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

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.

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.

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:

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.