1.This Act may be cited as the
Native American Languages Act
Amendments Act of 2006
.
2.Section 102 of the Native American Languages
Act (25 U.S.C. 2901) is amended—
(1)by striking paragraph (4);
(2)by redesignating paragraphs (1), (2), (3),
(5), (6), (7), (8), (9), and (10) as paragraphs (7), (8), (9), (10), (11),
(12), (14), (15), and (16), respectively;
(3)by inserting before paragraph (7) (as
redesignated by paragraph (2)) the following:
(1)historians and linguists estimate that
there were over 300 distinct Native languages at the time of first European
contact with North America;
(2)as of the date of enactment of the
Native American Languages Act Amendments Act
of 2006, there are only about 155 Native languages remaining, and
87 percent of those languages have been classified as deteriorating or nearing
extinction;
(3)according to the 2000 decennial census,
only 32.3 percent of the 4,100,000 Native Americans report speaking a language
other than English at home;
(4)although the actual number and age of the
average fluent speaker of a Native language is unknown, there have been efforts
to suppress and eliminate Native languages throughout American history,
resulting in fewer speakers who are fluent in a Native language;
(5)there is a widespread practice of treating
Native languages as if they are anachronisms, which in the past often resulted
in acts of suppression and extermination of Native languages and
cultures;
(6)Native Americans in the United States have
special status that recognizes distinct cultural and political rights,
including the right to maintain separate
identities;
;
(4)by inserting after paragraph (12) (as
redesignated by paragraph (2)) the following:
(13)during World War II, the United States
employed Native American code talkers who developed secret means of
communication based on Native languages and who were critical to winning that
war and
others;
;
(5)in paragraph (15) (as redesignated by
paragraph (2)), by striking and
after the semicolon;
(6)in paragraph (16) (as redesignated by
paragraph (2)), by striking the period at the end and inserting a semicolon;
and
(7)by adding at the end the following:
(17)previous Federal laws have resulted in
inadequate funding for the enormous task of preserving and supporting Native
languages.
.
3.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 effects of past
discrimination against 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;
and
(8)to develop a system of support for Native
American language nests and Native American language survival schools through
Native American language colleges.
4.Section 103 of the Native American Languages
Act (25 U.S.C.
2902) is amended—
(1)by striking For the purposes of this
title—
and inserting In this title:
;
(2)by striking paragraph (7);
(3)by redesignating paragraphs (1), (3), (4),
(6), and (8) as paragraphs (6), (13), (12), (7), and (3), respectively, and
moving the paragraphs so as to appear in numerical order;
(4)by inserting before paragraph (2) the
following:
(1)The term
elementary school has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of
1965 (20
U.S.C.
7801).
;
(5)by inserting after paragraph (3) (as
redesignated by paragraph (3)) the following:
(4)The term
Indian tribal government has the meaning given the term in section
502 of the Indian Environmental General Assistance Program Act of 1992
(42 U.S.C.
4368b).
;
(6)in paragraph (5), by striking (5)
The terms
and inserting the following:
(5)Indian tribe;
tribal organizationThe
terms
;
(7)by inserting after paragraph (7) (as
redesignated by paragraph (3)) the following:
(8)Native American
language collegeThe 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 (25 U.S.C. 1801)); and
(B)a single, State-governed college or
university per State (which may operate as part of a larger college or
university) at which 1 or more Native American languages are dominant with
respect to—
(i)instruction; or
(ii)use in internal communication and
administration.
(9)Native American
language educational organizationThe term Native American language
educational organization means an organization that—
(A)is governed by a board consisting—
(i)primarily of 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).
(10)Native
American language nestThe
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.
(11)Native
American language survival schoolThe 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.
;
(8)by inserting after paragraph (13) (as
redesignated by paragraph (3)) the following:
(14)The term
secondary school has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of
1965 (20
U.S.C. 7801).
(15)The term Secretary means the
Secretary of Education.
;
and
(9)in each paragraph that does not have a
heading, by inserting a heading, in the same style as the heading in the
amendment made by paragraph (4), the text of which is comprised of the term
defined in the paragraph.
5.Native American
language nests and survival schoolsThe 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)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)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 (42 U.S.C. 9831 et
seq.)); and
(6)ensure that a Native American language
becomes the dominant medium of instruction in the Native American language nest
not later than 6 years after the date on which the Native American language
nest first receives funding under this title.
(c)In making grants and
entering into contracts under this section, the Secretary shall—
(1)encourage geographic, linguistic, and
tribal diversity, to the maximum extent practicable; and
(2)give priority to—
(A)a Native American language nest
that—
(i)previously received Federal funds;
and
(ii)as determined by the Secretary,
demonstrates full use of any appropriate Native American language in each
aspect of the Native American language nest;
(B)a Native American language survival school
that—
(i)previously received Federal funds;
and
(ii)as determined by the Secretary,
demonstrates not less than 80 percent use of any appropriate Native American
language in each aspect of the Native American language survival school;
(C)the provision of direct educational
services;
(D)applicants that have the support of each
appropriate tribal government; and
(E)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)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 of the United States for Native American children
and Native American language-speaking children.
(b)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)In making grants or
entering into contracts under this section, the Secretary shall—
(1)encourage geographic, linguistic, and
tribal diversity, to the maximum extent practicable; and
(2)give priority to—
(A)a Native American language nest
that—
(i)previously received Federal funds;
and
(ii)as determined by the Secretary,
demonstrates full use of any appropriate Native American language in each
aspect of the Native American language nest;
(B)a Native American language survival school
that—
(i)previously received Federal funds;
and
(ii)as determined by the Secretary,
demonstrates not less than 80 percent use of any appropriate Native American
language in each aspect of the Native American language survival school;
(C)the provision of direct educational
services;
(D)applicants that have the support of each
appropriate tribal government; and
(E)applicants that have researched language
revitalization and the unique characteristics and circumstances of the
languages of their schools.
(d)
(1)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)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 institutions of higher education—
(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 scholarshipsA 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.
(a)Definition of
eligible entityIn this
section, the term eligible entity means an entity, or a consortium
of entities (including a Native American language educational organization in
cooperation with a Native American language college or another entity), that,
as determined by the Secretary—
(1)has provided support to a Native American
language survival school or a Native American language nest during the 5-year
period preceding the date on which the entity receives a grant from, or enters
into a contract with, the Secretary;
(2)has demonstrated participation in a
national cooperative effort relating to research of Native American language
survival schools or Native American language nests; and
(3)has the support of at least 1 Native
American language survival school or Native American language nest.
(b)The Secretary shall make grants to, or
enter into contracts with, eligible entities to establish at least 4
demonstration programs in geographically diverse locations to—
(1)provide assistance to Native American
language survival schools and Native American language nests; and
(2)participate in a national study of the
linguistic, cultural, and academic effects of Native American language survival
schools and Native American language nests.
(c)The demonstration programs shall be
established by 1 or more eligible entities for—
(1)the development and operation of the
various components of a regional Native American language survival school
program and a college-level Native American language teaching and use program
that is supportive of Native American language survival schools for children
from infancy through grade 12;
(2)the provision of assistance in the
establishment, operation, and administration of Native American language
survival schools and Native American language nests by such means as—
(A)training;
(B)hosting informational visits to
demonstration sites; and
(C)providing a national clearinghouse for data
and information relevant to—
(i)teaching Native American languages;
(ii)conducting outreach;
(iii)conducting research relating to Native
American language nests and Native American language survival schools;
(iv)offering courses;
(v)providing conferences; and
(vi)carrying out other activities;
(3)the public or private operation of a Native
American language survival school serving children at least through grade
5;
(4)cooperation between Native American
language survival schools and Native American language nests and other
indigenous entities across international, Indian reservation, and State
boundaries with respect to the revitalization of Native American languages;
and
(5)the use of professional linguists in
training, outreach, conferences, and visitation programs, and for provision of
other assistance, in developing—
(A)orthographies;
(B)resource materials;
(C)language documentation;
(D)language preservation;
(E)material archiving; and
(F)community support development.
(d)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.
(e)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.
(f)Followup and
data collectionA
demonstration program established under this section may conduct followup 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.
(g)Availability of
information
(1)Each eligible entity
shall make available to the Secretary any information (including any
curriculum, translation, research, or assessment, and any data collected under
subsection (f)) produced or collected by the eligible entity in carrying out a
demonstration program under this section.
(2)The Secretary may distribute any
information received under paragraph (1) to any other entity at no cost to the
entity, as the Secretary determines to be appropriate.
(3)Not less frequently than once each year,
the Secretary shall publish in the Federal Register a list describing any
information received under paragraph (1) during the preceding year.
(h)Endowments and
facilitiesA 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.
(i)Not less frequently than once each year,
the Secretary shall evaluate each demonstration program that receives
assistance under this section using such criteria as the Secretary determines
to be appropriate.
111.
(a)In recognition of the
unique circumstances of Native American language nests and Native American
survival schools, the Secretary shall, by regulation, provide to Native
American language nests and Native American survival schools alternative
methods of achieving national education standards with respect to Native
American language education.
(b)Certification
and designation of paraprofessionals
(1)Definition of
paraprofessionalIn this
subsection, the term paraprofessional means a person who, at a
Native American language nest or a Native American survival school—
(A)provides educational services relating
solely to Native American language or Native American culture; or
(B)provides bilingual educational assistance
to a teacher.
(2)Certification
and designation
(A)Notwithstanding any
other provision of law (including regulations), a paraprofessional shall be
considered to meet any applicable requirement relating to qualifications or
training for teachers or staff, with respect to the services and assistance
described in paragraph (1) only, if the paraprofessional—
(i)receives a certification from an Indian
tribe associated with the Native American language used by the
paraprofessional; or
(ii)is designated as a Native American language
expert or a Native American cultural expert by a Native American language
educational organization associated with the Native American language or
culture taught by the paraprofessional.
(B)Factors for
considerationIn certifying
or designating a paraprofessional under subparagraph (A), an Indian tribe or
Native American language educational organization shall take into consideration
whether the paraprofessional has demonstrated high achievement with respect
to—
(i)the Native American language used by the
paraprofessional;
(ii)the Native American culture to be taught by
the paraprofessional; or
(iii)pedagogy appropriate to the Native American
language or culture to be taught by the paraprofessional.
(C)Not later than 180
days after the date on which an Indian tribe or Native American language
educational organization certifies or designates a paraprofessional under
subparagraph (A), the Indian tribe or Native American language educational
organization shall submit the certification or designation to the Secretary for
approval.
(D)Not less frequently than once every 5
years, an Indian tribe or Native American educational organization shall
review, and revoke, as the Indian tribe or Native American educational
organization determines to be appropriate, a certification or designation under
this paragraph.
(c)Notwithstanding any other provision of law,
no Federal agency, State or local educational agency, early childhood education
program, institution of higher education, or other entity that provides or
receives assistance under Federal law shall fail to recognize as meeting
applicable Federal requirements—
(1)a satisfactory score of a student of a
Native American language nest or Native American survival school on a
performance assessment in accordance with regulations promulgated pursuant to
subsection (a); or
(2)the training or qualifications of a
paraprofessional certified or designated under subsection (b).
112.Authorization of
appropriationsThere are
authorized to be appropriated to carry out this title such sums as are
necessary for each of fiscal years 2007 through
2012.
.