[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3568 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3568

          To improve Indian education, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2011

  Mr. Kildee (for himself and Ms. McCollum) introduced the following 
    bill; which was referred to the Committee on Education and the 
  Workforce, and in addition to the Committees on Ways and Means and 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
          To improve Indian education, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native Culture, 
Language, and Access for Success in Schools Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

  Subtitle A--Improving the Academic Achievement of the Disadvantaged

Sec. 111. Improving the education of students.
Sec. 112. Standards-based assessments.
Sec. 113. Native language teaching.
Sec. 114. Prevention and intervention programs for children and youth 
                            who are neglected, delinquent, or at-risk.
 Subtitle B--Preparing, Training, and Recruiting High-Quality Teachers 
                             and Principals

Sec. 121. Preparing, training, and recruiting high-quality teachers and 
                            principals.
             Subtitle C--Native American Languages Programs

Sec. 131. Improvement of academic success of Indian students through 
                            Native American languages programs.
Sec. 132. State and tribal education agency agreements.
                    Subtitle D--21st Century Schools

Sec. 141. Safe and healthy schools for Native American students.
    Subtitle E--Indian, Native Hawaiian, and Alaska Native Education

Sec. 151. Purpose.
Sec. 152. Purpose of formula grants.
Sec. 153. Grants to local educational agencies and tribes.
Sec. 154. Amount of grants.
Sec. 155. Applications.
Sec. 156. Authorized services and activities.
Sec. 157. Student eligibility forms.
Sec. 158. Technical assistance.
Sec. 159. Amendments relating to tribal colleges and universities.
Sec. 160. Tribal educational agency cooperative agreements.
Sec. 161. Tribal education agencies pilot project.
Sec. 162. Improve support for teachers and administrators of Native 
                            American students.
Sec. 163. National board certification incentive demonstration program.
Sec. 164. Tribal language immersion schools.
Sec. 165. Coordination of Indian student information.
Sec. 166. Authorization of appropriations.
                         Subtitle F--Impact Aid

Sec. 171. Impact aid.
                     Subtitle G--General Provisions

Sec. 181. Highly qualified definition.
Sec. 182. Applicability of ESEA to Bureau of Indian Education schools.
Sec. 183. Increased access to resources for tribal schools, schools 
                            served by the Bureau of Indian Education, 
                            and Native American students.
                   TITLE II--AMENDMENTS TO OTHER LAWS

Sec. 201. Amendments to the American Recovery and Reinvestment Act of 
                            2009 to provide funding for Indian 
                            programs.
Sec. 202. Qualified scholarships for education and cultural benefits.
Sec. 203. Tribal Education Policy Advisory Group.
Sec. 204. Division of budget analysis.
Sec. 205. Qualified school construction bond escrow account.
Sec. 206. Equity in Educational Land-Grant Status Act of 1994.
Sec. 207. Workforce Investment Act of 1998.
Sec. 208. Technical amendments to Tribally Controlled Schools Act of 
                            1988.
               TITLE III--ADDITIONAL EDUCATION PROVISIONS

Sec. 301. Native American student support.
Sec. 302. Ensuring the survival and continuing vitality of Native 
                            American languages.
Sec. 303. In-school facility innovation program contest.
Sec. 304. Retrocession or reassumption of certain school funds.
Sec. 305. Department of the Interior and Department of Education Joint 
                            Oversight Board.
Sec. 306. Feasibility study to transfer the Bureau of Indian Education 
                            to the Department of Education.
Sec. 307. Tribal self-governance feasibility study.
Sec. 308. Establishment of Center for Indigenous Excellence.

        TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

  Subtitle A--Improving the Academic Achievement of the Disadvantaged

SEC. 111. IMPROVING THE EDUCATION OF STUDENTS.

    Part A of title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) is amended--
            (1) in section 1111--
                    (A) in subsection (a), by inserting 
                ``representatives of Indian tribes located in the 
                State,'' after ``other staff,'';
                    (B) in subsection (b)(8), by striking 
                ``1112(c)(1)(D)'' and inserting ``1112(c)(1)(E)'';
                    (C) in subsection (c)--
                            (i) in paragraph (13), by striking ``and'';
                            (ii) in paragraph (14), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(15) the State educational agency has engaged in timely 
        and meaningful consultation with representatives of Indian 
        tribes located in the State in the development of the State 
        plan to serve local educational agencies under the State's 
        jurisdiction, in order to--
                    ``(A) improve the coordination of activities under 
                this Act;
                    ``(B) meet the purpose of this title; and
                    ``(C) meet the unique cultural, language, and 
                educational needs of Indian students.''; and
                    (D) in subsection (m), by adding at the end the 
                following:
            ``(4) If such school has been approved, in accordance with 
        section 1116(g), for use of an alternative definition of 
        adequate yearly progress, the school may adopt an appropriate 
        assessment that--
                    ``(A) is developed in consultation with, and with 
                the approval of, the Secretary of the Interior; and
                    ``(B) is consistent with the requirements of this 
                section.'';
            (2) in section 1112--
                    (A) in subsection (b)(1)--
                            (i) by redesignating subparagraphs (F) 
                        through (Q) as subparagraphs (G) through (R), 
                        respectively; and
                            (ii) by inserting after subparagraph (E), 
                        the following:
                    ``(F) a description of the procedure that the local 
                educational agency will use to engage in timely, 
                ongoing, and meaningful consultation with 
                representatives of Indian tribes located in the area 
                served by the local education agency in the development 
                of the local plan, in order to--
                            ``(i) improve the coordination of 
                        activities under this Act;
                            ``(ii) meet the purpose of this title; and
                            ``(iii) meet the unique cultural, language, 
                        and educational needs of Indian students;'';
                    (B) in subsection (c)(1)--
                            (i) by redesignating subparagraphs (D) 
                        through (O) as subparagraphs (E) through (P), 
                        respectively; and
                            (ii) by inserting after subparagraph (C), 
                        the following:
                    ``(D) engage in timely and meaningful consultation 
                with representatives of Indian tribes located in the 
                area served by the local education agency;''; and
                    (C) in subsection (d)(1), by striking ``and other 
                appropriate school personnel,'' and inserting ``other 
                appropriate school personnel, representatives of Indian 
                tribes located in the area served by the local 
                educational agency,'';
            (3) in section 1115(b)(2)(A), by inserting ``, Indian 
        children,'' after ``migrant children'';
            (4) in section 1116--
                    (A) in subsection (b)(3)(A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``representatives of Indian tribes 
                        located in the area served by the school,'' 
                        after ``school staff,'';
                            (ii) in clause (ix), by striking ``and'' 
                        after the semicolon;
                            (iii) in clause (x), by striking the period 
                        at the end; and
                            (iv) by adding at the end the following:
                            ``(xi) provide an assurance that, if the 
                        school receives funds described in title VII, 
                        the school will continue to direct such funds 
                        to the activities described in title VII.'';
                    (B) in subsection (c)(7)(A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``representatives of Indian tribes 
                        located in the area served by the local 
                        education agency,'' after ``school staff,'';
                            (ii) in clause (vii), by striking ``and'' 
                        after the semicolon;
                            (iii) in clause (viii), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                            ``(ix) incorporate, as appropriate, 
                        activities that meet the unique cultural, 
                        language, and educational needs of Indian 
                        students eligible to be served under title VII 
                        of this Act.'';
                    (C) in subsection (g)(1)--
                            (i) in subparagraph (B)--
                                    (I) by striking ``The tribal 
                                governing body or'' and inserting ``An 
                                Indian tribe,'';
                                    (II) by inserting ``, or consortium 
                                of such entities'' after ``Bureau of 
                                Indian Affairs'';
                                    (III) by striking ``body or school 
                                board'' and inserting ``Indian tribe, 
                                school board, or consortium of such 
                                entities''; and
                                    (IV) by inserting ``of the 
                                Interior'' after ``such alternative 
                                definition unless the Secretary'';
                            (ii) in subparagraph (C), by striking ``a 
                        tribal governing body or school board of a 
                        school funded by the Bureau of Indian Affairs'' 
                        and inserting ``an Indian tribe, school board 
                        of a school funded by the Bureau of Indian 
                        Affairs, or consortium of such entities''; and
                            (iii) by adding at the end the following:
                    ``(D) Deemed approval.--A proposed alternative 
                definition of adequate yearly progress submitted 
                pursuant to subparagraph (B) shall be deemed to be 
                approved by the Secretary of the Interior unless the 
                Secretary of the Interior issues the notification set 
                forth in subparagraph (E) prior to the expiration of 
                the 30-day period beginning on the date on which the 
                Secretary of the Interior received the proposed 
                alternative definition of adequate yearly progress.
                    ``(E) Notification.--If the Secretary of the 
                Interior finds that the application is not in 
                compliance, in whole or in part, with this subpart, the 
                Secretary of the Interior shall--
                            ``(i) notify the entity or entities 
                        described in subparagraph (B) of the finding of 
                        noncompliance and, in such notification, 
                        shall--
                                    ``(I) cite the specific provisions 
                                in the application that are not in 
                                compliance;
                                    ``(II) provide an explanation of 
                                the basis of the non-compliance;
                                    ``(III) request additional 
                                information only as to the noncompliant 
                                provisions needed to make the proposal 
                                compliant;
                                    ``(IV) provide a description of the 
                                steps that the entity or entities need 
                                to take to make the application 
                                compliant; and
                                    ``(V) provide assistance to 
                                overcome the finding of noncompliance; 
                                and
                            ``(ii) provide the entity or entities 
                        described in subparagraph (B) with the 
                        opportunity for a hearing, which shall be 
                        completed not more than 60 days after such 
                        entity or entities receive the notice of 
                        opportunity for a hearing, or at such later 
                        date as agreed to by the submitting entity or 
                        entities.
                    ``(F) Response.--If the entity or entities 
                described in subparagraph (B) resubmit the application 
                in an effort to overcome the finding of noncompliance 
                not more than 30 days after the date the notification 
                was received, the Secretary of the Interior shall 
                approve or disapprove the resubmitted application not 
                more than 30 days after the resubmitted application is 
                received, or not more than 30 days after the conclusion 
                of a hearing, whichever is later. If the Secretary of 
                the Interior fails to approve or disapprove the 
                resubmitted application within such time period, the 
                resubmitted application shall be deemed approved.
                    ``(G) Resubmission response.--If the Secretary of 
                the Interior finds the resubmitted application 
                described in subparagraph (F) to be in noncompliance, 
                the Secretary of the Interior shall issue a final 
                determination that--
                            ``(i) cites the specific provisions in the 
                        application that are not in compliance;
                            ``(ii) provides a detailed explanation of 
                        the basis for the finding of noncompliance for 
                        each provision found to be noncompliant; and
                            ``(iii) offers assistance to overcome the 
                        finding of noncompliance.
                    ``(H) Failure to respond.--If the entity or 
                entities described in subparagraph (B) do not respond 
                to the notification of the Secretary of the Interior 
                described in subparagraph (E) within a 30-day period 
                after receipt of such notification, the application 
                shall be deemed to be disapproved.'';
            (5) by inserting after section 1116 the following:

``SEC. 1116A. INDIAN SCHOOL TURN AROUND PROGRAM.

    ``(a) Purpose.--The purpose of this section is to significantly 
improve outcomes for Indian students in persistently low-performing 
schools by--
            ``(1) enabling Indian tribes or tribal education agencies 
        to turn around low-performing schools operated by a local 
        educational agency on Indian lands;
            ``(2) building the capacity of tribes and tribal education 
        agencies to improve student academic achievement in low-
        performing and persistently low-performing schools; and
            ``(3) supporting tribes and tribal education agencies in 
        implementing school intervention models.
    ``(b) Definitions.--In this section:
            ``(1) Indian lands.--The term `Indian lands' has the 
        meaning given the term in section 8013.
            ``(2) Indian school.--The term `Indian school' means any 
        school located on Indian lands.
            ``(3) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community (including any Native village, Regional Corporation, 
        or Village Corporation as defined in, or established pursuant 
        to, the Alaska Native Claims Settlement Act), that is 
        recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians.
            ``(4) Tribal education agency.--The term `tribal education 
        agency' means the authorized governmental agency of a federally 
        recognized American Indian or Alaska Native tribe (as defined 
        in section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b)) that is primarily responsible 
        for regulating, administering, or supervising the formal 
        education of tribal members. A tribal education agency includes 
        tribal education departments, tribal divisions of education, 
        tribally sanctioned education authorities, tribal education 
        administrative planning and development agencies, and tribal 
        administrative education entities.
    ``(c) Identification of Low-Performing Indian Schools.--
            ``(1) In general.--Each State that receives funds under 
        this part shall annually identify any Indian school operated by 
        a local educational agency that--
                    ``(A) is a school identified under section 1116(b); 
                and
                    ``(B)(i) in the case of an Indian school that is an 
                elementary school, is in the lowest 5 percent of the 
                State's public elementary schools;
                    ``(ii) in the case of an Indian school that is a 
                secondary school that does not award a high school 
                diploma, is in the lowest 5 percent of the State's 
                public secondary schools that do not award a high 
                school diploma; or
                    ``(iii) in the case of an Indian school that is a 
                secondary school that does award a high school 
                diploma--
                            ``(I) is in the bottom 5 percent of the 
                        State's public secondary schools that award a 
                        high school diploma; or
                            ``(II) has a graduation rate below 60 
                        percent.
            ``(2) Report.--If a school is identified by a State under 
        paragraph (1), the State shall notify the tribe on whose Indian 
        lands any such school is located that the school has been 
        identified as a low-performing school.
    ``(d) Grants Authorized.--
            ``(1) In general.--The Secretary shall award grants, on a 
        competitive basis, to Indian tribes or tribal education 
        agencies to enable such tribes or agencies to carry out the 
        activities described in subsection (g).
            ``(2) Duration.--
                    ``(A) In general.--A grant awarded under this 
                section shall be for a period of 4 years.
                    ``(B) Renewal.--The Secretary may renew a grant 
                under this section for an additional 4-year period if 
                the Indian tribe or tribal education agency 
                demonstrates sufficient progress, as defined by the 
                State, on the core academic indicators and leading 
                indicators described in subsection (h)(1)(B).
    ``(e) Application.--
            ``(1) In general.--Each Indian tribe or tribal education 
        agency that desires to receive a grant under this section shall 
        submit an application to the Secretary at such time, in such 
        manner, and containing such information as the Secretary may 
        reasonably require. At a minimum, each application shall 
        include--
                    ``(A) an analysis of the school described under 
                subsection (c)(1) that the Indian tribe or tribal 
                education agency proposes to serve, and an appropriate 
                intervention model for such school;
                    ``(B) a budget, which shall demonstrate sufficient 
                funds to implement fully and effectively the selected 
                intervention model; and
                    ``(C) a description of how the Indian tribe or 
                tribal education agency will--
                            ``(i) help develop a pipeline of teachers 
                        and leaders for the school;
                            ``(ii) collect and report data;
                            ``(iii) support effective extended learning 
                        time strategies; and
                            ``(iv) build capacity in the tribe or 
                        tribal education agency for assisting schools 
                        described under subsection (c)(1).
            ``(2) Additional application requirements if subgrants are 
        awarded.--If an Indian tribe or tribal education agency 
        proposes to issue subgrants, as described under subsection 
        (g)(3), such tribe or agency shall include in the application, 
        in addition to the requirements described under paragraph (1), 
        the following:
                    ``(A) A copy of the application form and 
                instructions that the Indian tribe or tribal education 
                agency will provide to potential recipients of 
                subgrants.
                    ``(B) A description of how the Indian tribe or 
                tribal education agency will set priorities for 
                awarding subgrants.
                    ``(C) A description of how the Indian tribe or 
                tribal education agency will monitor each entity that 
                is awarded a subgrant.
    ``(f) State Educational Agency and Local Education Agency 
Responsibilities.--
            ``(1) In general.--If an Indian tribe or tribal education 
        agency receives a grant under this section for an Indian school 
        that has been identified under subsection (c)(1), the Secretary 
        shall notify the State in which the school is located, and the 
        State educational agency and the local educational agency that 
        serve such school shall--
                    ``(A) maintain funding for the school at not less 
                than the amount supplied in the academic year 
                immediately preceding the academic year for which the 
                grant under this section applies;
                    ``(B) at the request of the Indian tribe or tribal 
                education agency, enter into a cooperative agreement to 
                authorize the Indian tribe or tribal education agency 
                to plan, conduct, consolidate, and administer programs, 
                services, functions, and activities, or portions 
                thereof, administered by the State educational agency 
                or the local educational agency on behalf of the 
                school; and
                    ``(C) authorize the Indian tribe or tribal 
                education agency to reallocate funds for such programs, 
                services, functions, and activities, or portions 
                thereof, as necessary.
            ``(2) Maintenance of effort requirement.--If the 
        maintenance of effort requirement described in paragraph (1)(A) 
        is not met, the Secretary may withhold funding under title I 
        from the State until such requirement is met.
            ``(3) Disagreement.--If an Indian tribe or tribal education 
        agency and the State educational agency or local educational 
        agency cannot reach an agreement, the tribe or tribal education 
        agency may submit to the Secretary information that such tribe 
        or agency deems relevant, and the Secretary may make a 
        determination on the disputed issue.
    ``(g) Use of Funds.--
            ``(1) School intervention model.--
                    ``(A) In general.--An Indian tribe or tribal 
                education agency that receives a grant under this 
                section shall use not less than 90 percent of the grant 
                funds to implement a school intervention model 
                described in subsection (i), either directly or through 
                a turn around partner that is awarded a subgrant, in a 
                school identified under subsection (c)(1).
                    ``(B) Use of funds for comprehensive services.--The 
                Indian tribe or tribal education agency, in 
                implementing any of the school intervention models 
                described in subsection (i) in any school served under 
                the grant--
                            ``(i) shall identify and address issues 
                        that may contribute to low academic achievement 
                        in the schools identified under subsection 
                        (c)(1); and
                            ``(ii) may use funds under this section to 
                        provide comprehensive services to address the 
                        issues described in subparagraph (A) and meet 
                        the full range of student needs.
            ``(2) Subgrants.--An Indian tribe or tribal education 
        agency that receives a grant under this section may award 
        subgrants.
            ``(3) Tribe or tribal education agency activities.--If an 
        Indian tribe or tribal education agency that receives a grant 
        under this section does not use all of the grant funds to carry 
        out the activities described in paragraphs (1) through (3) in 
        each school to be served under the grant, such tribe or tribal 
        education agency shall use any remaining funds to--
                    ``(A) provide technical assistance and other 
                support, either directly or through the creation of a 
                school turn around office or a turn around partner, to 
                schools identified under subsection (c)(1), which may 
                include--
                            ``(i) the use of school quality review 
                        teams; or
                            ``(ii) regular site visits to monitor the 
                        implementation of selected intervention models;
                    ``(B) evaluate Indian tribe or tribal education 
                agency implementation of school intervention models and 
                other improvement activities;
                    ``(C) use the results of the evaluations described 
                in subparagraph (B) to improve Indian tribe or tribal 
                education agency strategies for supporting, and 
                providing flexibility for, targeted schools that are 
                identified under subsection (c)(1);
                    ``(D) develop pipelines of teachers and leaders 
                that are trained to work in schools that are low-
                performing schools, such as the schools identified in 
                subsection (c)(1);
                    ``(E) collect and report data;
                    ``(F) build capacity in the Indian tribe or tribal 
                education agency for assisting schools identified under 
                subsection (c)(1); or
                    ``(G) carry out other activities designed to build 
                Indian tribe or tribal education agency capacity to 
                support school improvement.
    ``(h) Data Collection and Reporting.--
            ``(1) In general.--Each Indian tribe or tribal education 
        agency receiving a grant under this section shall--
                    ``(A) comply with the reporting and accountability 
                requirements of this part for each school that such 
                Indian tribe or tribal education agency serves; and
                    ``(B) monitor and collect data about the students 
                that such Indian tribe or tribal education agency 
                serves at each school that is served by the grant 
                program, including the following data:
                            ``(i) Core academic indicators, such as--
                                    ``(I) the percentage of students at 
                                each school who are at or above the 
                                proficient level on State academic 
                                assessments in reading or language arts 
                                and mathematics;
                                    ``(II) student progress toward core 
                                academic benchmarks;
                                    ``(III) the average score for 
                                students in each school on State 
                                academic assessments in reading or 
                                language arts and mathematics;
                                    ``(IV) secondary school graduation 
                                rates; and
                                    ``(V) rates of student enrollment 
                                in an institution of higher education.
                            ``(ii) Leading indicators, such as--
                                    ``(I) student attendance rates;
                                    ``(II) the number and percentage of 
                                students completing advanced 
                                coursework;
                                    ``(III) student participation in 
                                State assessments in reading or 
                                language arts and mathematics under 
                                section 1111(b)(3);
                                    ``(IV) school dropout rates;
                                    ``(V) discipline incident rates;
                                    ``(VI) teacher attendance rates;
                                    ``(VII) the distribution of 
                                teachers by performance level, based on 
                                the teacher evaluation system 
                                established by the Indian tribe or 
                                tribal education agency; and
                                    ``(VIII) reduction in the 
                                percentage of students in the lowest 
                                level of achievement on State 
                                assessments in reading or language arts 
                                and mathematics under section 1111.
            ``(2) Report.--Each Indian tribe or tribal education agency 
        receiving a grant under this section shall prepare and submit a 
        report to the Secretary, which shall include the data described 
        in paragraph (1)(B).
    ``(i) School Intervention Models.--Each tribe or tribal education 
agency that receives a grant under this section may choose to implement 
1 or more of the following school intervention models:
            ``(1) Transformation model.--A transformation model is a 
        school intervention model in which the Indian tribe or tribal 
        education agency--
                    ``(A) replaces a principal (if such principal has 
                led the school for 2 or more years) with a new 
                principal who has demonstrated effectiveness in turning 
                around a low-performing school;
                    ``(B) uses rigorous, transparent, and equitable 
                evaluation systems to--
                            ``(i) identify and reward school leaders, 
                        teachers, and other staff who, in implementing 
                        the model, increase student achievement and, if 
                        applicable, secondary school graduation rates; 
                        and
                            ``(ii) identify and remove school leaders, 
                        teachers, and other staff who, after ample 
                        opportunities have been provided for such 
                        individuals to improve their professional 
                        practice--
                                    ``(I) do not increase student 
                                achievement;
                                    ``(II) if applicable, do not 
                                increase secondary school graduation 
                                rates; and
                                    ``(III) have not demonstrated 
                                effectiveness according to the tribe or 
                                tribal education agency's evaluation 
                                system;
                    ``(C) provides staff with ongoing, high-quality, 
                job-embedded professional development that--
                            ``(i) is aligned with the school's 
                        instruction program and evaluation system;
                            ``(ii) facilitates effective teaching and 
                        learning; and
                            ``(iii) supports the implementation of 
                        school-reform strategies;
                    ``(D) implements strategies (such as financial 
                incentives, increased opportunities for promotion and 
                career growth, and more flexible work conditions) that 
                are designed to recruit, place, and retain staff who 
                have the skills necessary to meet the needs of students 
                in the school;
                    ``(E) uses data to identify and implement a 
                research-based instruction program that--
                            ``(i) is aligned with State or tribal 
                        challenging academic content standards and 
                        challenging student academic achievement 
                        standards under section 1111(b); and
                            ``(ii) has been proven to raise student 
                        academic achievement by not less than 10 
                        percent in 1 year;
                    ``(F) establishes schedules and strategies that 
                provide increased learning time (which may include 
                offering full-day kindergarten or a high-quality 
                preschool program or using a longer school day, week, 
                or year that increases the total number of hours at 
                school for the school year by not fewer than 300 hours) 
                in order to significantly increase the total number of 
                school hours to include time for--
                            ``(i) instruction core subjects, such as 
                        English, reading or language arts, mathematics, 
                        science, foreign language (which may include a 
                        Native American language), civics and 
                        government, economics, arts, history, and 
                        geography;
                            ``(ii) instruction in traditional and 
                        cultural programs;
                            ``(iii) instruction in other subjects; and
                            ``(iv) enrichment activities, such as 
                        physical education, service learning, and 
                        experiential work-based opportunities;
                    ``(G) promotes the continuous use of student data 
                to provide instruction that meets the academic needs of 
                individual students, which may include, in elementary 
                school, individual students' levels of school 
                readiness;
                    ``(H) provides ongoing mechanisms for family, 
                community, and tribal involvement;
                    ``(I) ensures that the school receives ongoing, 
                intensive technical assistance and related support from 
                the tribe or tribal education agency; and
                    ``(J) provides appropriate social-emotional and 
                community-oriented support services for students, and 
                at the discretion of the tribe or tribal education 
                agency, uses not more than 10 percent of the total 
                grant funds for such services.
            ``(2) Restart model.--A restart model is a school 
        intervention model in which the Indian tribe or tribal 
        education agency--
                    ``(A) converts a school--
                            ``(i) under a charter or school operator 
                        and charter management organization;
                            ``(ii) under an education management 
                        organization; or
                            ``(iii) as an autonomous or redesigned 
                        school;
                    ``(B) implements a rigorous review process to 
                select such a charter or school operator and charter 
                management organization, or an education management 
                organization, as applicable, which includes an 
                assurance that such operator or organization will make 
                significant changes in the leadership and staffing of 
                the school; and
                    ``(C) enrolls in the school any former student who 
                wishes to attend the school and who is within the 
                grades the school services.
            ``(3) Turnaround model.--A turnaround model is a school 
        intervention model in which the Indian tribe or tribal 
        education agency--
                    ``(A) replaces a principal (if such principal has 
                led the school for 2 or more years) with a new 
                principal who has demonstrated effectiveness in turning 
                around a low-performing school;
                    ``(B) gives a new principal sufficient operational 
                flexibility (including flexibility in staffing, the 
                school day and school calendar, and budgeting) to fully 
                implement a comprehensive approach to improve student 
                outcomes;
                    ``(C) uses a comprehensive evaluation system to 
                evaluate staff, including the use of student 
                achievement data to measure the effectiveness of staff;
                    ``(D) screens all staff who are employed at the 
                school as of the time when the turnaround model is 
                implemented and retains not more than 50 percent of 
                such staff;
                    ``(E) requires the principal to justify personnel 
                decisions (such as hiring, dismissal, and rewards) 
                based on the results of the comprehensive evaluation 
                system;
                    ``(F) provides staff with ongoing, high-quality, 
                job-embedded professional development that--
                            ``(i) is aligned with the school's 
                        instruction program and evaluation system;
                            ``(ii) facilitates effective teaching and 
                        learning; and
                            ``(iii) supports the implementation of 
                        school-reform strategies;
                    ``(G) uses data to--
                            ``(i) identify and implement a research-
                        based instructional program;
                            ``(ii) evaluate school improvement 
                        strategies; and
                            ``(iii) inform differentiated instruction, 
                        in order to meet the academic needs of 
                        individual students;
                    ``(H) encourages the use of extended learning time 
                partnerships;
                    ``(I) establishes schedules and strategies that 
                provide increased learning time (which may include 
                offering full-day kindergarten or a high-quality 
                preschool program or using a longer school day, week, 
                or year that increases the total number of hours at 
                school for the school year by not fewer than 300 hours) 
                in order to significantly increase the total number of 
                school hours to include time for--
                            ``(i) instruction core subjects, such as 
                        English, reading or language arts, mathematics, 
                        science, foreign language (which may include a 
                        Native American language), civics and 
                        government, economics, arts, history, and 
                        geography;
                            ``(ii) instruction in traditional and 
                        cultural programs;
                            ``(iii) instruction in other subjects;
                            ``(iv) enrichment activities, such as 
                        physical education, service learning, and 
                        experiential work-based opportunities; or
                            ``(v) teachers to collaborate, plan, and 
                        engage in professional development within and 
                        across grades and subjects;
                    ``(J) provides ongoing mechanisms for family, 
                community, and tribal involvement; and
                    ``(K) provides appropriate social and emotional 
                community-oriented support services for students.
    ``(j) Insufficient Progress.--If an Indian tribe or tribal 
education agency fails to demonstrate sufficient progress, as defined 
by the State, on the core academic indicators and leading indicators 
described in subsection (h)(1)(B), such tribe or agency shall be 
required to--
            ``(1) modify the existing school intervention model; or
            ``(2) restart the school using the restart model described 
        in subsection (i)(2).
    ``(k) Reservation of Funds.--From the amount appropriated each 
fiscal year for grants to State educational agencies and local 
educational agencies for school improvement actions under this part, 
the Secretary shall reserve not less than 10 percent of such amount for 
grants under this section.''; and
            (6) in section 1118--
                    (A) in subsection (a)(2)--
                            (i) in subparagraph (E) by striking ``and'' 
                        after the semicolon;
                            (ii) by redesignating subparagraph (F) as 
                        subparagraph (G); and
                            (iii) by inserting after subparagraph (E) 
                        the following:
                    ``(F) with respect to an agency that serves Indian 
                children, identify the barriers to effective 
                involvement of the parents of such children; and''; and
                    (B) in subsection (e)--
                            (i) by redesignating paragraphs (6) through 
                        (14) as paragraphs (7) through (15), 
                        respectively; and
                            (ii) by inserting after paragraph (5), the 
                        following:
            ``(6) in consultation with Indian tribes and parents of 
        Indian children who are served by any school that is served by 
        the agency, shall establish mechanisms to overcome barriers to 
        effective Indian parental involvement, which may include--
                    ``(A) providing literacy programs and use of 
                technology training, as needed, for such parents at 
                locations accessible to the homes of such parents;
                    ``(B) providing or paying the reasonable costs of 
                transportation and child care to enable such parents to 
                participate in literacy programs, use of technology 
                training, and school-related meetings;
                    ``(C) providing training regarding the roles, 
                rights and responsibilities of such parents, including 
                information about culture-based education; and
                    ``(D) contracting with an Indian tribe or tribal 
                education agency to provide the services described in 
                subparagraphs (A), (B) and (C);''.

SEC. 112. STANDARDS-BASED ASSESSMENTS.

    Section 1111(b)(3) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the 
following:
                    ``(E) Standards-based education assessments.--
                Notwithstanding any other provision of this Act, a 
                State shall develop standards-based education 
                assessments and classroom lessons to accommodate 
                diverse learning styles, which assessments may be used 
                by the State in place of the general assessments 
                described in subparagraph (A).''.

SEC. 113. NATIVE LANGUAGE TEACHING.

    Section 1119 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6319) is amended by adding at the end the following:
    ``(m) Qualifications for Native Language Teachers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the requirements of subsection (a) on local educational 
        agencies and States with respect to highly qualified teachers, 
        shall not apply to a teacher of a Native language.
            ``(2) Alternative licensure or certification.--Each State 
        educational agency receiving assistance under this part shall 
        develop an alternative licensure or certification for teachers 
        of a Native language.''.

SEC. 114. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH 
              WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.

    Part D of title I of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6421 et seq.) is amended--
            (1) in section 1401--
                    (A) in subsection (a)(3), by inserting ``and the 
                involvement of their families and their communities.'' 
                after ``their continued education''; and
                    (B) in subsection (b), by inserting ``subject to 
                section 1402(c),'' after ``section 1002(d)'';
            (2) in section 1402, by adding at the end the following:
    ``(c) Reservation for the Secretary of the Interior.--From the 
amount appropriated for this part for any fiscal year, the Secretary 
shall reserve 4 percent of such funds for the Secretary of the Interior 
to provide educational services for at-risk Indian children, including 
Indian youth in correctional facilities operated by the Secretary of 
the Interior or by an Indian tribe.'';
            (3) in section 1414(c)--
                    (A) in paragraph (9), by inserting ``, Indian 
                tribes, tribal education agencies,'' after ``local 
                educational agencies'';
                    (B) by redesignating paragraphs (12) through (19) 
                as paragraphs (13) through (20), respectively;
                    (C) by inserting after paragraph (11), the 
                following:
            ``(12) describe the procedure that the State agency will 
        use to consult, on an ongoing basis, with Indian tribes in the 
        State to determine the needs of Indian children and youth who 
        are neglected, delinquent, or at-risk, including such children 
        and youth in a correctional facility or institution;'';
                    (D) in paragraph (19), as redesignated by 
                subparagraph (B), by striking ``and'' after the 
                semicolon;
                    (E) in paragraph (20), as redesignated by 
                subparagraph (B), by striking the period at the end and 
                inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(21) provides an assurance that the program under this 
        subpart will utilize curriculum that is culturally appropriate, 
        based on the demographics of the neglected or delinquent 
        children and youth served by such program.'';
            (4) in section 1416--
                    (A) in paragraph (7), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) includes an assurance that the State agency has 
        consulted with Indian tribes in the State in the development of 
        the comprehensive plan under this part.'';
            (5) in section 1418--
                    (A) by striking paragraph (1) of subsection (a) and 
                inserting the following:
            ``(1) projects that facilitate the transition of children 
        and youth from State-operated institutions, or institutions in 
        the State operated by the Secretary of the Interior or Indian 
        tribes, to schools served by local educational agencies or to 
        schools funded by the Bureau of Indian Education; or'';
                    (B) in subsection (b), by inserting ``Indian 
                tribes,'' after local educational agencies;
                    (C) by redesignating subsection (c) as subsection 
                (d); and
                    (D) by inserting after subsection (b) the 
                following:
    ``(c) Consultation With Indian Tribes.--The State agency shall 
consult with Indian tribes in the State in the development of 
transition projects, and coordinate such State projects with transition 
and reentry projects operated by such tribes.'';
            (6) in section 1419(2), by inserting ``and Indian tribal 
        programs'' after ``State agency programs'';
            (7) in section 1421--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``, including correctional facilities in the 
                State operated by the Secretary of the Interior or 
                Indian tribes'' after ``locally operated correctional 
                facilities''; and
                    (B) in paragraph (3), by inserting ``, including 
                schools funded by the Bureau of Indian Education,'' 
                after ``local schools'';
            (8) in section 1422--
                    (A) in subsection (a), by striking ``(including 
                facilities involved in community day programs).'' and 
                inserting ``(including facilities involved in community 
                day programs and facilities in the State that are 
                operated by the Secretary of the Interior or Indian 
                tribes).''; and
                    (B) in subsection (d), by inserting ``, schools 
                funded by the Bureau of Indian Education,'' after 
                ``returning to local educational agencies'';
            (9) in section 1423--
                    (A) in paragraph (2)--
                            (i) in subsection (A), by inserting ``and, 
                        as appropriate, an Indian tribe in the State'' 
                        after ``program to be assisted''; and
                            (ii) in subsection (B), by inserting ``, 
                        including such facilities operated by the 
                        Secretary of the Interior and Indian tribes'' 
                        after ``juvenile justice system'';
                    (B) by redesignating paragraphs (4) through (13) as 
                paragraphs (5) through (14), respectively;
                    (C) by inserting after paragraph (3) the following:
            ``(4) a description of the process for consultation and 
        coordination with Indian tribes in the State regarding services 
        provided under the program to Indian children and youth;'';
                    (D) in paragraph (13), as redesignated by 
                subparagraph (B), by striking ``and'' after the 
                semicolon;
                    (E) in paragraph (14), as redesignated by 
                subparagraph (B), by striking the period at the end and 
                inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(15) a description of the demographics of the children 
        and youth served and an assurance that the curricula and co-
        curricular activities will be culturally appropriate for such 
        children and youth.'';
            (10) in section 1424 (20 U.S.C. 6454)--
                    (A) in paragraph (4), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) programs for at-risk Indian children and youth, 
        including such individuals in correctional facilities in the 
        area served by the local educational agency that are operated 
        by the Secretary of the Interior or Indian tribes.'';
            (11) by redesignating subpart 3 as subpart 4;
            (12) by redesignating sections 1431 and 1432 as sections 
        1441 and 1442, respectively;
            (13) by inserting after subpart 2 the following:

     ``Subpart 3--Education Programs for Indian Children and Youth

``SEC. 1432. GRANTS TO INDIAN TRIBES.

    ``(a) Purpose.--The purpose of this section is to authorize an 
educational program to be known as the `Indian Children and Youth At-
Risk Education Program', which shall--
            ``(1) carry out high-quality and culturally appropriate 
        education programs to prepare Indian children and youth who are 
        in correctional facilities (or enrolled in community day 
        programs for neglected or delinquent children and youth) 
        operated by the Secretary of the Interior or Indian tribes for 
        secondary school completion, training, employment, or further 
        education; and
            ``(2) to provide activities to facilitate the transition of 
        such children and youth from the correctional program to 
        further education or employment.
    ``(b) Grants Authorized.--
            ``(1) In general.--From the amount reserved for the 
        Secretary of the Interior under section 1402(c), and subject to 
        paragraph (2), the Secretary of the Interior shall award 
        grants, on a competitive basis, to Indian tribes with high 
        numbers or percentages of children and youth in juvenile 
        detention facilities that are operated by the Secretary of the 
        Interior or Indian tribes in order to enable such Indian tribes 
        to carry out the activities described in section 1434.
            ``(2) Contract in lieu of grant.--At the request of an 
        Indian tribe, the Secretary of the Interior shall enter into a 
        contract under the Indian Self-Determination and Education 
        Assistance Act for operation of a program under this subpart in 
        lieu of making a grant to such tribe.
            ``(3) Notification.--The Secretary of the Interior shall 
        notify Indian tribes of the availability of funding under this 
        subpart.
    ``(c) Tribal Applications.--Each Indian tribe desiring to receive a 
grant under this subpart shall submit an application to the Secretary 
of the Interior at such time, in such manner, and accompanied by such 
information as the Secretary of the Interior may require. Each such 
application shall include the following:
            ``(1) A description of the program that will be assisted 
        with grant funds under this subpart.
            ``(2) A description of any formal agreements regarding the 
        program, between the Indian tribe and, as appropriate--
                    ``(A) 1 or more local educational agencies;
                    ``(B) 1 or more schools funded by the Bureau of 
                Indian Education;
                    ``(C) correctional facilities operated by the 
                Secretary of the Interior or Indian tribes;
                    ``(D) alternative school programs serving Indian 
                children and youth who are involved with the juvenile 
                justice system; or
                    ``(E) tribal, State, private, or public 
                organizations or corporations providing education, 
                skill-building, or reentry services.
            ``(3) As appropriate, a description of how participating 
        entities will coordinate with facilities working with 
        delinquent Indian children and youth to ensure that such 
        children and youth are participating in an education program 
        comparable to the education program in the local school that 
        such youth would otherwise attend.
            ``(4) A description of how the program will develop 
        culturally appropriate academic curricula and co-curricular 
        activities to supplement the educational program provided by a 
        facility working with delinquent Indian children and youth.
            ``(5) A description of the program that the Indian tribe 
        will carry out for Indian children and youth returning from 
        correctional facilities.
            ``(6) As appropriate, a description of the types of 
        services that such tribe will provide for such children and 
        youth and other at-risk children and youth, either directly or 
        in cooperation with local educational agencies and schools 
        funded by the Bureau of Indian Education.
            ``(7) A description of the characteristics (including 
        learning difficulties, substance abuse problems, and other 
        special needs) of the Indian children and youth who will be 
        returning from correctional facilities and, as appropriate, 
        other at-risk Indian children and youth expected to be served 
        by the program.
            ``(8) A description of how the tribe will coordinate the 
        program with existing educational programs of local educational 
        agencies and schools funded by the Bureau of Indian Education 
        to meet the unique educational needs of Indian children and 
        youth who will be returning from correctional facilities and, 
        as appropriate, other at-risk Indian children and youth 
        expected to be served by the program.
            ``(9) As appropriate, a description of how the program will 
        coordinate with existing social, health, and other services to 
        meet the needs of students returning from correctional 
        facilities, including--
                    ``(A) prenatal health care;
                    ``(B) nutrition;
                    ``(C) mental health and substance abuse services;
                    ``(D) targeted reentry and outreach programs; and
                    ``(E) referrals to community resources related to 
                the health of the child or youth.
            ``(10) A description of partnerships with tribal, State, 
        private or public organizations, or corporations to develop 
        vocational training, curriculum-based youth entrepreneurship 
        education, and mentoring services for participating students.
            ``(11) As appropriate, a description of how the program 
        will involve parents in efforts to--
                    ``(A) improve the educational achievement of their 
                children;
                    ``(B) assist in dropout prevention activities; and
                    ``(C) prevent the involvement of their children in 
                delinquent activities.
            ``(12) A description of how the program under this subpart 
        will be coordinated with other Federal, State, tribal, and 
        local programs, such as programs under title I of Public Law 
        105-220 and vocational and technical education programs serving 
        at-risk children and youth.
            ``(13) A description of how the program will be coordinated 
        with programs operated under the Juvenile Justice and 
        Delinquency Prevent Act of 1974 and other comparable programs, 
        if applicable.
            ``(14) A description of the efforts participating schools 
        will make to ensure that correctional facilities working with 
        children and youth are aware of any existing individualized 
        education programs for such children or youth.
            ``(15) As appropriate, a description of the steps 
        participating schools will take to find alternative placements 
        for children and youth who are interested in continuing their 
        education but unable to participate in a regular school 
        program.
            ``(16) As appropriate, a description of how the program 
        under this subpart will be coordinated with other Federal, 
        State, tribal, and local programs serving at-risk children and 
        youth.
            ``(17) As appropriate, a description of how the program 
        will coordinate with probation officers to assist in meeting 
        the needs of children and youth returning from correctional 
        facilities.
    ``(d) Uses of Funds.--Funds provided to Indian tribes under this 
subpart may be used for the purposes described in section 1424.
    ``(e) Program Requirements for Correctional Facilities Receiving 
Funds Under This Subpart.--Each correctional facility entering into an 
agreement with an Indian tribe under section 1432(2) to provide 
services to Indian children and youth under this subpart shall--
            ``(1) if feasible, ensure that educational programs in the 
        correctional facility are coordinated with the student's home 
        school, particularly in the case of a student with an 
        individualized education program under part B of the 
        Individuals with Disabilities Education Act;
            ``(2) if a child or youth is identified as in need of 
        special education services while in the correctional facility, 
        notify such child's local school;
            ``(3) provide transition assistance to help the child or 
        youth stay in school, including coordination of services for 
        the family, counseling, assistance in accessing drug and 
        alcohol abuse prevention programs, tutoring, and family 
        counseling;
            ``(4) provide support programs that encourage children and 
        youth who have dropped out of school to reenter school once 
        their term at the correctional facility has been completed, or 
        provide such children and youth with the skills necessary to 
        gain employment or seek a secondary school diploma or its 
        recognized equivalent;
            ``(5) work to ensure that the correctional facility is 
        staffed with teachers and other qualified staff who are trained 
        to work with children and youth with disabilities, taking into 
        consideration the unique needs of such children and youth;
            ``(6) ensure that education programs in the correctional 
        facility aim to help students meet high academic achievement 
        standards;
            ``(7) to the extent possible, use technology to assist in 
        coordinating educational programs between the correctional 
        facility and participating program partners;
            ``(8) where feasible, involve parents in efforts to improve 
        the educational achievement of their children and prevent the 
        further involvement of such children in delinquent activities;
            ``(9) coordinate funds received under this subpart with 
        other local, State, tribal, and Federal funds available to 
        provide services to participating children and youth, such as 
        funds made available under title I of Public Law 105-220, and 
        vocational and technical education funds;
            ``(10) coordinate programs operated under this subpart with 
        activities funded under the Juvenile Justice and Delinquency 
        Prevention Act of 1974 and other comparable programs, if 
        applicable; and
            ``(11) work with local partners to develop training, 
        curriculum-based youth entrepreneurship education, and 
        mentoring programs for children and youth.
    ``(f) Technical Assistance.--At the request of an Indian tribe that 
receives assistance under this subpart, the Secretary of the Interior 
may, to the extent resources are available, provide technical 
assistance--
            ``(1) to improve the performance of a program funded under 
        this subpart;
            ``(2) to recruit and retain qualified educational 
        professionals to assist in the delivery of services under such 
        program; and
            ``(3) to perform the program evaluations required by 
        section 1441.

``SEC. 1433. EDUCATIONAL ALTERNATIVES TO DETENTION.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to decrease the number of incarcerated Indian 
        children and youth;
            ``(2) to decrease the rate of high school dropouts among 
        Indian youth;
            ``(3) to provide educational alternatives to incarceration 
        for at-risk Indian children and youth; and
            ``(4) to increase community and family involvement in the 
        education of at-risk Indian children and youth.
    ``(b) Eligible Entities.--In this section, the term `eligible 
entity' means--
            ``(1) an Indian tribe, tribal education agency, or tribal 
        organization;
            ``(2) a Bureau-funded school, as defined in section 1141 of 
        the Education Amendments of 1978 (25 U.S.C. 2021);
            ``(3) a correctional facility, in consortium with a tribe, 
        tribal education agency, or tribal organization; or
            ``(4) a State educational agency or local educational 
        agency in consortium with a tribe, tribal education agency or 
        tribal organization, as defined in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        450b).
    ``(c) Program Authorized.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        is authorized to award grants to eligible entities having 
        applications approved under this section to enable such 
        entities to carry out the activities described in subsection 
        (d).
            ``(2) Contracts.--At the request of an Indian tribe, the 
        Secretary shall transfer program funding to the Secretary of 
        the Interior, who shall enter into a contract under the Indian 
        Self-Determination and Education Assistance Act with the tribe 
        for operation of a program under this section in lieu of making 
        a grant to such tribe.
            ``(3) Duration.--Grants awarded under this section shall be 
        for a period of not less than 3 years and not more than 5 
        years.
    ``(d) Authorized Activities.--Grant funds under this section shall 
be used for activities to provide educational alternatives for Indian 
youth who have been sentenced to incarceration or juvenile detention, 
in a manner consistent with the purposes of this section. Such 
activities may include--
            ``(1) half- or full-day alternative education programs for 
        disruptive youth who are temporarily suspended;
            ``(2) school-based drug and substance abuse prevention 
        programs;
            ``(3) truancy prevention programs;
            ``(4) multi-year alternative educational programs; and
            ``(5) home or community detention programs.
    ``(e) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information as the Secretary 
may require. Each such application shall include the following:
            ``(1) A description of the program that will be assisted 
        with grant funds under this subpart.
            ``(2) A description of any formal agreements regarding the 
        program, between the Indian tribe and, as appropriate--
                    ``(A) 1 or more local educational agencies;
                    ``(B) 1 or more schools funded by the Bureau of 
                Indian Education;
                    ``(C) correctional facilities operated by the 
                Secretary of the Interior or Indian tribes; or
                    ``(D) tribal, State, private, or public 
                organizations or corporations providing education, 
                skill-building, or reentry services.
            ``(3) As appropriate, a description of how the program will 
        develop culturally appropriate academic curriculum and co-
        curricular activities.
            ``(4) As appropriate, a description of the types of 
        services that the eligible entity will provide to at-risk 
        Indian children, youth, and families.
            ``(5) As appropriate, a description of any partnerships 
        with tribal, local, or State law enforcement or judicial 
        systems to provide education alternatives to detention and wrap 
        around services, which may include--
                    ``(A) behavioral health services;
                    ``(B) family counseling;
                    ``(C) teen pregnancy counseling;
                    ``(D) substance abuse services;
                    ``(E) alcohol abuse services; or
                    ``(F) job training.
            ``(6) As appropriate, a description of evaluation 
        activities to develop educational plans for at-risk Indian 
        children and youth who are transitioning back to a local 
        educational agency or earning a secondary school diploma, or 
        the recognized equivalent of a secondary school diploma.
    ``(f) Evaluation.--Each eligible entity that receives a grant under 
this section shall--
            ``(1) evaluate the grant program, not less than once every 
        3 years, to determine the program's success, consistent with 
        the purposes of this section; and
            ``(2) prepare and submit a report containing the 
        information described in paragraph (1) to the Secretary, the 
        Coordinating Council on Juvenile Justice and Delinquency 
        Prevention, and Indian tribes.
    ``(g) Definition.--The term `tribal education agency' means--
            ``(1) the authorized governmental agency of a federally 
        recognized American Indian and Alaska Native tribe (as defined 
        in section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b)) that is primarily responsible 
        for regulating, administering, or supervising the formal 
        education of tribal members; and
            ``(2) includes tribal education departments, tribal 
        divisions of education, tribally sanctioned education 
        authorities, tribal education administrative planning and 
        development agencies, tribal education agencies, and tribal 
        administrative education entities.
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this subpart, there are authorized to be appropriated $2,000,000 
for fiscal year 2012 and such sums as may be necessary for each of the 
5 succeeding fiscal years.'';
            (14) in section 1441, as redesignated by paragraph (12)--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Each State agency or local 
                        educational agency that conducts a program 
                        under subpart 1 or 2 shall'' and inserting 
                        ``Each State agency, local educational agency, 
                        or Indian tribe that conducts a program 
                        evaluation under subpart 1, 2, or 3 shall''; 
                        and
                            (ii) in paragraph (3), by inserting ``or 
                        school funded by the Bureau of Indian 
                        Education'' after ``local educational agency'';
                    (B) in subsection (c), by striking ``a State agency 
                or local educational agency'' and inserting ``a State 
                agency, local educational agency, or Indian tribe''; 
                and
                    (C) by striking subsection (d) and inserting the 
                following:
    ``(d) Evaluation Results.--
            ``(1) In general.--Each State agency, local educational 
        agency, and Indian tribe shall--
                    ``(A) submit evaluation results to the State 
                educational agency and the Secretary; and
                    ``(B) use the results of evaluations under this 
                section to plan and improve subsequent programs for 
                participating children and youth.
            ``(2) Indian tribes.--Each Indian tribe shall also submit 
        evaluation results to the Secretary of the Interior.
    ``(e) Evaluation of Programs for At-Risk Indian Youth.--
            ``(1) In general.--Not later than 4 years after the date of 
        enactment of the Native Culture, Language, and Access for 
        Success in Schools Act, the Secretary and the Secretary of the 
        Interior, in collaboration with the Attorney General, shall 
        prepare a report that--
                    ``(A) compiles demographic information about at-
                risk Indian youth, including Indian youth in 
                correctional facilities operated by the Department of 
                the Interior and Indian tribes;
                    ``(B) evaluates existing educational programs for 
                at-risk Indian youth; and
                    ``(C) provides recommendations for improvement of 
                such educational programs.
            ``(2) Submission to congressional committees.--The 
        Secretary and the Secretary of the Interior shall submit the 
        report described in paragraph (1) to the Health, Education, 
        Labor and Pensions Committee and the Indian Affairs Committee 
        of the Senate, the Committee on Education and the Workforce and 
        the Committee on Natural Resources of the House of 
        Representatives, and to Indian tribes.'';
            (15) in section 1442, as redesignated by paragraph (12), by 
        inserting at the end the following:
            ``(5) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, other organized group or community, 
        including any Alaska Native village or Regional Corporation or 
        Village Corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (42 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.''; and
            (16) in section 1903(b)(2)--
                    (A) in subparagraph (F), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (G), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(H) representatives of Indian tribes located in 
                the State.''.

 Subtitle B--Preparing, Training, and Recruiting High-Quality Teachers 
                             and Principals

SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS AND 
              PRINCIPALS.

    Title II (20 U.S.C. 6601 et seq.) is amended--
            (1) in part A--
                    (A) by striking paragraph (3) of section 2102 (20 
                U.S.C. 6602) and inserting the following:
            ``(3) High-need local educational agency.--The term `high-
        need local educational agency' means--
                    ``(A) a local educational agency--
                            ``(i)(I) that serves not fewer than 10,000 
                        children from families with incomes below the 
                        poverty line; or
                            ``(II) for which not less than 20 percent 
                        of the children served by the agency are from 
                        families with incomes below the poverty line; 
                        and
                            ``(ii)(I) for which there is a high 
                        percentage of teachers not teaching in the 
                        academic subjects or grade levels that the 
                        teachers were trained to teach; or
                            ``(II) for which there is a high percentage 
                        of teachers with emergency, provisional, or 
                        temporary certification or licensing; or
                    ``(B) a school funded by the Bureau of Indian 
                Education.'';
                    (B) by striking clause (ii) of section 
                2111(b)(1)(A) (20 U.S.C. 6611(b)(1)(A)) and inserting 
                the following:
                            ``(ii) 5 percent for the Secretary of the 
                        Interior to be distributed to schools operated 
                        or funded by the Bureau of Indian Education, as 
                        provided in section 2123(c).'';
                    (C) in section 2113(c)(18) (20 U.S.C. 
                6613(c)(18))--
                            (i) in subparagraph (A) by striking ``and'' 
                        after the semicolon;
                            (ii) in subparagraph (B) by striking the 
                        period and inserting ``; and''; and
                            (iii) by inserting at the end the 
                        following:
                    ``(C) provides access to clearinghouse information 
                to schools in the State that are funded by the Bureau 
                of Indian Education.'';
                    (D) in section 2122 (20 U.S.C. 6622)--
                            (i) in subsection (b)--
                                    (I) in paragraph (2), by inserting 
                                ``, including Indian students,'' after 
                                ``minority students''; and
                                    (II) in paragraph (9)--
                                            (aa) in subparagraph (C) by 
                                        striking ``and'' after the 
                                        semicolon;
                                            (bb) in subparagraph (D) by 
                                        striking the period at the end 
                                        and inserting ``; and''; and
                                            (cc) by adding at the end 
                                        the following:
                    ``(E) for teachers in schools that serve Indian 
                children, become familiar with the Indian communities 
                served by the local educational agency and incorporate 
                culturally responsive teaching and learning strategies 
                for Indian children into the educational program.''; 
                and
                            (ii) in subsection (c), by inserting ``, in 
                        the case of a local educational agency that 
                        serves an Indian tribal community, 
                        representatives of Indian tribes,'' after 
                        ``part A of title I'';
                    (E) in section 2123 (20 U.S.C. 6623)--
                            (i) in subsection (a)(3)--
                                    (I) in subparagraph (B)--
                                            (aa) in clause (ii), by 
                                        inserting ``students from 
                                        Indian reservation 
                                        communities,'' after 
                                        ``(including students who are 
                                        gifted and talented),'';
                                            (bb) in clause (iv), by 
                                        striking ``limited English 
                                        proficient and immigrant 
                                        children; and'' and inserting 
                                        ``children from Indian 
                                        reservation communities, 
                                        limited English proficient 
                                        children, and immigrant 
                                        children;'';
                                            (cc) in clause (v), by 
                                        striking the period at the end 
                                        and inserting ``; and''; and
                                            (dd) by inserting at the 
                                        end the following:
                            ``(vi) in the case of a local educational 
                        agency that serves Indian children, provide 
                        training in effective incorporation of 
                        culturally responsive teaching and learning 
                        strategies for Indian children.''; and
                                    (II) in subparagraph (D), by 
                                inserting ``Indian students,'' after 
                                ``disadvantaged families,''; and
                            (ii) by adding at the end the following:
    ``(c) Bureau of Indian Education Schools.--A school funded by the 
Bureau of Indian Education that receives funds reserved under section 
2111(b)(1)(A)(ii) shall use such funds to carry out 1 or more of the 
activities described in subsection (a), and may use such funds to 
improve housing, as needed to recruit and retain highly qualified 
teachers and principals.'';
                    (F) in section 2131(1) (20 U.S.C. 6631(1))--
                            (i) in subparagraph (A)(i) by inserting ``, 
                        or a tribally controlled college or university 
                        (as defined in section 2 of the Tribally 
                        Controlled Colleges and Universities Assistance 
                        Act of 1978 (25 U.S.C. 1801))'' after 
                        ``principals''; and
                            (ii) in subparagraph (B) by inserting ``an 
                        Indian tribe,'' after ``principal 
                        organization,''; and
                    (G) by inserting after subpart 5, the following:

            ``Subpart 6--Indian Educator Scholarship Program

``SEC. 2161. INDIAN EDUCATOR SCHOLARSHIP PROGRAM.

    ``(a) Grants Authorized.--In order to carry out the United States 
trust responsibility for the education of Indian children, and to 
provide a more stable base of education professionals to serve in 
public elementary schools and secondary schools with a significant 
number of Indian students and schools funded by the Bureau of Indian 
Education, the Secretary shall make scholarship grants to Indians who 
are enrolled full- or part-time in appropriately accredited 
institutions of higher education and pursuing a course of study in 
elementary and secondary education or school administration. Such 
scholarships shall be designated Indian educator scholarships and shall 
be made in accordance with this section.
    ``(b) Eligibility.--
            ``(1) In general.--The Secretary shall determine the 
        applicants who will receive scholarships under subsection (a).
            ``(2) Criteria.--In order to be eligible for participation 
        in the Indian educator scholarship program, an individual 
        must--
                    ``(A) be an Indian, as defined in section 7151;
                    ``(B) be accepted for enrollment, or be enrolled, 
                as a full- or part-time student in a course of study in 
                elementary and secondary education or school 
                administration at an appropriately accredited 
                institution of higher education;
                    ``(C) submit an application to participate in the 
                Indian educator scholarship program at such time and in 
                such manner as the Secretary shall determine; and
                    ``(D) sign and submit to the Secretary at the time 
                that such application is submitted, a written contract, 
                as described in subsection (c).
    ``(c) Contents of Contract.--
            ``(1) In general.--The written contract between the 
        Secretary and the individual, as described in subsection 
        (b)(2)(D), shall contain the following:
                    ``(A) A statement that the Secretary agrees to 
                provide the individual with a scholarship, as described 
                in subsection (d), in each school year or years for a 
                period during which such individual is pursuing a 
                course of study in elementary and secondary education 
                or school administration at an appropriately accredited 
                institution of higher education.
                    ``(B) A statement that the individual agrees--
                            ``(i) to accept provision of the Indian 
                        educator scholarship;
                            ``(ii) to maintain enrollment in such 
                        course of study until the individual completes 
                        the course of study;
                            ``(iii) while enrolled in such course of 
                        study, to maintain an acceptable level of 
                        academic standing (as determined by the 
                        Secretary, taking into account the requirements 
                        of the educational institution offering such 
                        course of study); and
                            ``(iv) to serve through full-time 
                        employment at an eligible school for a time 
                        period (referred to in this section as the 
                        `period of obligated service') equal to the 
                        greater of--
                                    ``(I) 1 year for the equivalent of 
                                each school year for which the 
                                individual was provided a scholarship 
                                under the Indian educator scholarship 
                                program; or
                                    ``(II) 2 years.
                    ``(C) A statement of the damages to which the 
                United States is entitled, under subsection (e), for 
                the individual's breach of the contract.
                    ``(D) Such other statement of the rights and 
                liabilities of the Secretary and of the individual, in 
                accordance with the provisions of this section.
            ``(2) Period of obligated service.--
                    ``(A) Eligible schools.--An individual shall meet 
                the requirement for the period of obligated service 
                under the written contract between the individual and 
                the Secretary, as described in paragraph (1), if such 
                individual is employed full-time--
                            ``(i) in a school funded by the Bureau of 
                        Indian Education; or
                            ``(ii) in a public school that serves a 
                        significant number of Indian students.
                    ``(B) Deferment for advanced study.--At the request 
                of an individual who has entered into a contract 
                described in this subsection and who has receive a 
                baccalaureate degree in education, the Secretary shall 
                defer the period of obligated service of such 
                individual under such contract to enable such 
                individual to complete a course of study leading to an 
                advanced degree in education, or needed to become 
                certified for an appropriate period (in years, as 
                determined by the Secretary), subject to the following 
                conditions:
                            ``(i) A period of advanced study shall not 
                        be counted as satisfying any period of 
                        obligated service that is required under this 
                        section.
                            ``(ii) The period of obligated service of 
                        the individual shall commence at the later of--
                                    ``(I) 90 days after the completion 
                                of the advanced course of study;
                                    ``(II) at the commencement of the 
                                first school year that begins after the 
                                completion of the advanced course of 
                                study; or
                                    ``(III) by a date specified by the 
                                Secretary.
                    ``(C) Part-time study.--In the case of an 
                individual receiving a scholarship under this section 
                who is enrolled part-time in an approved course of 
                study--
                            ``(i) a scholarship under this section 
                        shall be for a period of years not to exceed 
                        the part-time equivalent of 4 years, as 
                        determined by the Secretary;
                            ``(ii) the period of obligated service 
                        shall be equal to the greater of--
                                    ``(I) the part-time equivalent of 1 
                                year for each year for which the 
                                individual was provided a scholarship, 
                                as determined by the Secretary; or
                                    ``(II) 2 years; and
                            ``(iii) the amount of the monthly stipend 
                        specified in subsection (d) shall be reduced 
                        pro rata, as determined by the Secretary, based 
                        on the number of hours of study in which such 
                        individual is enrolled.
    ``(d) Scholarship.--
            ``(1) In general.--A scholarship provided to a student 
        under the Indian educator scholarship program for a school year 
        shall consist of payment to, or in accordance with paragraph 
        (2), on behalf of, the student in the amount of--
                    ``(A) the tuition of the student for the school 
                year or, for a part-time student, the tuition for the 
                appropriate portion of the school year;
                    ``(B) all other reasonable educational expenses, 
                including fees, books, and laboratory expenses, 
                incurred by the student in such school year; and
                    ``(C) a stipend of $800 per month (adjusted in 
                accordance with paragraph (3)) for each of the 12 
                consecutive months beginning with the first month of 
                such school year.
            ``(2) Payment to an institution of higher education.--The 
        Secretary may contract with an institution of higher education 
        in which a participant in the Indian educator scholarship 
        program is enrolled for the payment to such institution of the 
        amounts of tuition and other reasonable educational expenses 
        described in subparagraph (A) and (B) of paragraph (1). Payment 
        to such institution may be made without regard to section 
        3324(a) and (b) of title 31.
            ``(3) Stipend.--The amount of the monthly stipend described 
        in paragraph (1)(C) shall be increased by the Secretary for 
        each school year ending in a fiscal year beginning after 
        September 30, 2011, by an amount (rounded to the next highest 
        multiple of $1) equal to the amount of such stipend multiplied 
        by the overall percentage (under section 5303 of title 5) of 
        the adjustment (if such adjustment is an increase) in the rates 
        of pay under the General Schedule made effective in the fiscal 
        year in which such school year ends.
    ``(e) Liability; Failure To Complete the Period of Obligated 
Service; Repayment.--
            ``(1) Liability.--An individual who has entered into a 
        written contract with the Secretary under this section shall be 
        liable to the United States for the amount which has been paid 
        to, or on behalf of, such individual under the contract, if 
        such individual--
                    ``(A) fails to maintain an acceptable level of 
                academic standing in the institution of higher 
                education in which the individual is enrolled (as 
                determined by the Secretary taking into account the 
                requirements of the educational institution offering 
                such course of study);
                    ``(B) is dismissed from such institution of higher 
                education for disciplinary reasons;
                    ``(C) voluntarily terminates the training in such 
                institution of higher education for which such 
                individual is provided a scholarship under such 
                contract before the completion of such training; or
                    ``(D) fails to accept payment, or instructs the 
                institution of higher education in which such 
                individual is enrolled not to accept payment, under 
                this section.
            ``(2) Failure to complete the period of obligated 
        service.--
                    ``(A) In general.--Subject to paragraph (C), if for 
                any reason not specified in paragraph (1), an 
                individual breaches the written contract under this 
                section by failing either to begin such individual's 
                period of obligated service or failing to complete such 
                obligation, the United States shall be entitled to 
                recover from the individual an amount determined in 
                accordance with the following formula:


``A = 3Z(t-s/t)
 

            ``in which--
                    ``(i) `A' is the amount the United States is 
                entitled to recover;
                    ``(ii) `Z' is the sum of the amounts paid under 
                this section to, or on behalf of, the individual and 
                the interest on such amounts which would be payable if, 
                at the time the amounts were paid, they were loans 
                bearing interest at the maximum legal prevailing rate, 
                as determined by the Treasurer of the United States;
                    ``(iii) `t' is the total number of months in the 
                individual's period of obligated service in accordance 
                with subsection (c)(2) of this section; and
                    ``(iv) `s' is the number of months of such period 
                served by such individual in accordance with this 
                section.
            ``(B) Amounts not paid.--Amounts not paid within such 
        period shall be subject to collection through deductions in 
        Medicare payments pursuant to section 1395ccc of title 42.
            ``(C) Delay in the period of obligated service.--An 
        individual who has entered into a written contract with the 
        Secretary under this section may petition the Secretary to 
        delay the date on which the individual would otherwise be 
        required to begin the period of obligated service if such 
        individual has not succeeded in obtaining employment required 
        by this section. In support of such petition, the individual 
        shall supply such reasonable information as the Secretary may 
        require. The Secretary shall retain full discretion whether to 
        grant or decline such a delay and to determine the duration of 
        any delay that is granted.
            ``(3) Repayment.--
                    ``(A) In general.--Any amount of damages which the 
                United States is entitled to recover under this 
                subsection shall be paid to the United States within 
                the 1-year period beginning on the date of the breach 
                or such longer period beginning on such date as shall 
                be specified by the Secretary.
                    ``(B) Recovery of damages.--If damages described in 
                subparagraph (A) are delinquent for 3 months, the 
                Secretary shall, for the purpose of recovering such 
                damages--
                            ``(i) utilize collection agencies 
                        contracted with by the Administrator of the 
                        General Services Administration; or
                            ``(ii) enter into contracts for the 
                        recovery of such damages with collection 
                        agencies selected by the Secretary.
                    ``(C) Contracts for recovery of damages.--Each 
                contract for recovering damages pursuant to this 
                subsection shall provide that the contractor will, not 
                less than once every 6 months, submit to the Secretary 
                a status report on the success of the contractor in 
                collecting such damages. Section 3718 of title 31 shall 
                apply to any such contract to the extent not 
                inconsistent with this subsection.
            ``(4) Death.--Upon the death of an individual who receives, 
        or has received, an Indian educator scholarship, any obligation 
        of such individual for service or payment that relates to such 
        scholarship shall be canceled.
            ``(5) Waiver.--
                    ``(A) Required waiver.--The Secretary shall provide 
                for the partial or total waiver or suspension of any 
                obligation of service or payment of a recipient of an 
                Indian educator scholarship, if the Secretary 
                determines that--
                            ``(i) it is not possible for the recipient 
                        to meet the obligation or make the payment;
                            ``(ii) requiring the recipient to meet the 
                        obligation or make the payment would result in 
                        extreme hardship to the recipient; or
                            ``(iii) the enforcement of the requirement 
                        to meet the obligation or make the payment 
                        would be unconscionable.
                    ``(B) Permissible waiver.--Notwithstanding any 
                other provision of law, in any case of extreme hardship 
                or for other good cause shown, the Secretary may waive, 
                in whole or in part, the right of the United States to 
                recover funds made available under this section.
            ``(6) Bankruptcy.--
                    ``(A) In general.--Subject to subparagraph (B), and 
                notwithstanding any other provision of law, with 
                respect to a recipient of an Indian educator 
                scholarship, no obligation for payment may be released 
                by a discharge in bankruptcy under title 11.
                    ``(B) Exception.--The prohibition described in 
                subparagraph (A) shall not apply if--
                            ``(i) such discharge is granted after the 
                        expiration of the 5-year period beginning on 
                        the initial date on which that payment is due; 
                        and
                            ``(ii) the bankruptcy court finds that the 
                        nondischarge of the obligation would be 
                        unconscionable.
    ``(f) Placement Assistance.--The Secretary shall assist the 
recipient of an Indian educator scholarship in learning about placement 
opportunities in eligible schools by transmitting the name and 
educational credentials of such recipient to--
            ``(1) State educational agency clearinghouses for 
        recruitment and placement of kindergarten, elementary school, 
        and secondary school teachers and administrators in States with 
        a substantial number of Indian children;
            ``(2) elementary schools and secondary schools funded by 
        the Bureau of Indian Education; and
            ``(3) tribal education agencies (as defined in section 
        1116A(b)).
    ``(g) Other Provisions.--Notwithstanding any other provision of 
this title, sections 2101, 2102, 2103, and subparts 1 through 5 of this 
part shall not apply to a grant or scholarship awarded under this 
section.
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $50,000,000 
for fiscal year 2012, and each of the 5 succeeding fiscal years.'';
            (2) in part B, by striking subparagraph (B) of section 
        2202(a)(2) (20 U.S.C. 6662(a)(2)) and inserting the following:
                    ``(B) Allotment.--From the amount made available 
                under this part for a fiscal year and not reserved 
                under subparagraph (A)(i), the Secretary shall allot--
                            ``(i) one-half of one percent to the 
                        Secretary of the Interior for grants involving 
                        schools funded by the Bureau of Education; and
                            ``(ii) the amount remaining after funds are 
                        distributed in accordance with clause (i), to 
                        the State educational agencies in proportion to 
                        the number of children aged 5 to 17, who are 
                        from families with incomes below the poverty 
                        line and reside in a State for the most recent 
                        fiscal year for which satisfactory data are 
                        available, as compared to the number of such 
                        children who reside in all such States for such 
                        year.''; and
            (3) in part C--
                    (A) in section 2302(b)(2) by striking ``or public 
                charter schools'' and inserting ``, public charter 
                schools, or schools funded by the Bureau of Indian 
                Education''; and
                    (B) in section 2304--
                            (i) in subsection (a)(1)(B), by inserting 
                        ``or with a school funded by the Bureau of 
                        Indian Education,'' after section ``2101''; and
                            (ii) in subsection (d)(3), in the matter 
                        preceding subparagraph (A), by striking ``or 
                        public charter school'' and inserting ``public 
                        charter school, or school funded by the Bureau 
                        of Indian Education''.

             Subtitle C--Native American Languages Programs

SEC. 131. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN STUDENTS THROUGH 
              NATIVE AMERICAN LANGUAGES PROGRAMS.

    Subpart 1 of part A of title III of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6821 et seq.) is amended by adding at 
the end the following:

``SEC. 3117. IMPROVEMENT OF ACADEMIC SUCCESS OF INDIAN STUDENTS THROUGH 
              NATIVE AMERICAN LANGUAGES PROGRAMS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to improve the academic achievement of American 
        Indian and Alaska Native students through Native American 
        languages programs; and
            ``(2) to foster the acquisition of Native American 
        languages.
    ``(b) Definitions.--In this section:
            ``(1) Average.--The term `average', when used with respect 
        to the number of hours of instruction through the use of a 
        Native American language, means the aggregate number of hours 
        of instruction through the use of a Native American language to 
        all students enrolled in a Native American language program 
        during a school year divided by the total number of students 
        enrolled in the program.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency;
                    ``(B) an Indian tribe;
                    ``(C) an Indian organization;
                    ``(D) a federally supported elementary school or 
                secondary school for Indian children;
                    ``(E) an Indian institution (including an Indian 
                institution of higher education); or
                    ``(F) a consortium of any of the entities described 
                in subparagraphs (A) through (E).
    ``(c) Grants Authorized.--
            ``(1) In general.--The Secretary shall award grants to 
        eligible entities to enable such entities to carry out the 
        activities described in this section.
            ``(2) Duration.--
                    ``(A) In general.--The Secretary shall award grants 
                under this section on a multi-year basis for a duration 
                of not less than 4 years.
                    ``(B) Renewal.--Grants awarded under this section 
                may be renewed.
    ``(d) Applications.--
            ``(1) In general.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require, in 
        addition to the information required in this section.
            ``(2) Contents.--An application submitted under paragraph 
        (1) shall include a certification from the eligible entity that 
        the entity has not less than 3 years of experience in operating 
        and administering a Native American language program or any 
        other educational program in which instruction is conducted in 
        a Native American language.
    ``(e) Uses of Grant Funds.--
            ``(1) Required uses.--An eligible entity that receives a 
        grant under this section shall use the grant funds for the 
        following activities:
                    ``(A) Native American language programs, which are 
                site-based educational programs that--
                            ``(i) provide instruction through the use 
                        of a Native American language for not less than 
                        10 children for an average of not less than 500 
                        hours;
                            ``(ii) provide for the involvement of 
                        parents (or legal guardians) of students 
                        participating in such a program;
                            ``(iii) develop instructional courses and 
                        materials for learning Native American 
                        languages and for instruction through the use 
                        of Native American languages;
                            ``(iv) provide for teacher training; and
                            ``(v) work toward a goal of all students 
                        participating in such a program achieving--
                                    ``(I) fluency in a Native American 
                                language; and
                                    ``(II) academic proficiency in 
                                mathematics, English, reading (or 
                                language arts), and science.
                    ``(B) Native American language restoration 
                programs, which are educational programs that--
                            ``(i) provide instruction in at least 1 
                        Native American language;
                            ``(ii) provide training programs for 
                        teachers of Native American languages;
                            ``(iii) develop instructional materials for 
                        the programs; and
                            ``(iv) work toward a goal of increasing 
                        proficiency and fluency for participating 
                        students in at least 1 Native American 
                        language.
            ``(2) Permissible uses.--An eligible entity that receives a 
        grant under this section may use the grant funds for--
                    ``(A) Native American language and culture camps;
                    ``(B) Native American language programs provided in 
                coordination and cooperation with educational entities;
                    ``(C) Native American language programs provided in 
                coordination and cooperation with local institutions of 
                higher education;
                    ``(D) Native American language programs that use a 
                master-apprentice model of learning languages;
                    ``(E) Native American language programs provided 
                through a regional program to better serve 
                geographically dispersed students;
                    ``(F) Native American language teacher training 
                programs, such as training programs in Native American 
                language translation for fluent speakers, training 
                programs for Native American language teachers, 
                training programs for teachers in schools to utilize 
                Native American language materials, tools, and 
                interactive media to teach a Native American language; 
                and
                    ``(G) the development of Native American language 
                materials, such as books, audio and visual tools, and 
                interactive media programs.
    ``(f) Assurance.--A eligible entity awarded a grant under this 
section shall provide an assurance that each instructor of a Native 
American language under a program supported with grant funds under this 
section is certified to teach such language by the Indian tribe whose 
language will be taught.
    ``(g) Evaluation.--After the completion of the fourth year of a 
grant awarded under this section, the Secretary shall--
            ``(1) carry out a comprehensive evaluation of the programs 
        carried out by the grantee with grant funds; and
            ``(2) provide a report on the evaluation to the grantee, 
        the tribe or tribes whose children are served by the program, 
        and parents of the children served.
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $15,000,000 
for fiscal year 2012 and each of the 5 succeeding fiscal years.''.

SEC. 132. STATE AND TRIBAL EDUCATION AGENCY AGREEMENTS.

    Title III of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6801 et seq.) is amended by adding at the end the following:

       ``Subpart 5--State and Tribal Education Agency Agreements

``SEC. 3151. STATE AND TRIBAL EDUCATION AGENCY AGREEMENTS.

    ``(a) Purpose.--The purpose of this section is to facilitate 
efforts by tribal education agencies and State educational agencies to 
partner with each other in order to--
            ``(1) improve the academic achievement of Indian children 
        and youth who reside on reservations and tribal lands; and
            ``(2) promote tribal self-determination in education.
    ``(b) Definition.--The term `tribal education agency' means an 
agency or administrative unit of an Indian tribe that is authorized by 
the tribe to have primary responsibility for regulating, administering, 
or supervising early learning or elementary and secondary education on 
reservations or tribal lands.
    ``(c) Authority for Eligible Tribal Education Agencies.--
            ``(1) In general.--In order to receive the authority and 
        funds authorized under paragraph (3), an eligible tribal 
        education agency shall enter into an agreement, subject to 
        approval by the Secretary, with the appropriate State 
        educational agency to assume the State educational agency's 
        responsibility for carrying out activities specified in the 
        agreement under 1 or more of the programs identified in 
        paragraph (3)(B)(ii) on the eligible tribal education agency's 
        reservation or tribal lands.
            ``(2) Eligibility.--In order for a tribal education agency 
        to receive the authority or funds described in paragraph (3), 
        pursuant to an agreement with the State educational agency--
                    ``(A) the eligible tribal education agency's tribe 
                must have a reservation or tribal lands (which may be 
                an Alaska Native village), as recognized under Federal 
                or State law, on which 1 or more publicly administered 
                schools are operating under State law; and
                    ``(B) not less than 50 percent of the students 
                enrolled in each such school must be Indians.
            ``(3) Eligible tribal education agency with an approved 
        agreement.--In the case of an eligible tribal education agency 
        that has an approved agreement in place, as described in 
        paragraph (1), the Secretary shall, consistent with the 
        agreement--
                    ``(A) treat the eligible tribal education agency as 
                a State educational agency for the purposes of--
                            ``(i) carrying out on the reservation or 
                        tribal lands, the activities specified in the 
                        agreement under 1 or more of the programs 
                        listed in subparagraph (B)(ii); and
                            ``(ii) section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g, commonly known 
                        as the `Family Educational Rights and Privacy 
                        Act of 1974'); and
                    ``(B) provide, or have the State educational agency 
                provide, to the eligible tribal education agency a 
                proportion of the funds that are available to--
                            ``(i) carry out State-level activities; and
                            ``(ii) as applicable, award subgrants under 
                        1 or more of the following programs, as 
                        provided for in the agreement:
                                    ``(I) State grants under part A of 
                                title I.
                                    ``(II) Grants under this Act that 
                                support school turnaround efforts.
                                    ``(III) Grants under this Act for 
                                the purpose of assessing achievement.
                                    ``(IV) The teacher and principal 
                                training and recruiting fund under part 
                                A of title II.
                                    ``(V) Grants under the English 
                                Language Acquisition, Language 
                                Enhancement, and Academic Achievement 
                                Act under part A of title III.
                                    ``(VI) The education of migratory 
                                children program under part C of title 
                                I.
                                    ``(VII) Grants provided for the 
                                education of homeless children and 
                                youth.
                                    ``(VIII) Prevention and 
                                intervention programs for children and 
                                youth who are neglected, delinquent, or 
                                at-risk under part D of title I.
                                    ``(IX) Programs under this Act for 
                                rural and low-income schools.
            ``(4) Eligible tribal education agency without an approved 
        agreement.--In the case of an eligible tribal education agency 
        that has not yet entered into an agreement, as described in 
        paragraph (1), the Secretary may provide technical assistance 
        to the eligible tribal education agency in order to facilitate 
        such an agreement.
    ``(d) Applications.--
            ``(1) In general.--An eligible tribal education agency that 
        desires to receive the authority or funds described in 
        paragraph (c)(3), pursuant to an agreement with a State 
        educational agency, shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information and assurances as the Secretary may require.
            ``(2) Application from an eligible tribal education agency 
        that has an agreement.--An application from an eligible tribal 
        education agency that has an agreement in place with the State 
        educational agency and is seeking the Secretary's approval of 
        such agreement, in order to gain the authority and funds 
        described under subsection (c)(3), shall--
                    ``(A) describe the eligible tribal education 
                agency's current role and responsibilities on the 
                reservation or tribal lands; and
                    ``(B) provide a copy of the agreement described 
                under subsection (c)(1), which shall, at a minimum--
                            ``(i) identify each program listed in 
                        subsection (c)(3)(B)(ii) for which the 
                        applicant will assume some or all of the State-
                        level responsibility on the reservation or 
                        tribal lands under the agreement;
                            ``(ii) describe the State-level activities 
                        that the tribal education agency will carry out 
                        under such program, and the division of roles 
                        and responsibilities between the tribal 
                        education agency and the State educational 
                        agency in carrying out such activities, 
                        including, if applicable, any division of 
                        responsibility for awarding subgrants to local 
                        educational agencies;
                            ``(iii) identify the administrative and 
                        fiscal resources that the applicant will have 
                        available to carry out such activities; and
                            ``(iv) provide evidence of any other 
                        collaboration with the State educational agency 
                        in administering State-level activities for the 
                        programs listed in subsection (c)(3)(B)(ii).
            ``(3) Application from an eligible tribal education agency 
        that has not yet entered into an agreement with a state 
        educational agency.--An application from an eligible tribal 
        education agency that has not yet entered into an agreement 
        with a State educational agency, as described under subsection 
        (c)(1), shall include a description of--
                    ``(A) the program authority that the eligible 
                tribal education agency would like to obtain and the 
                State-level activities that the eligible tribal 
                education agency would like to carry out;
                    ``(B) the eligible tribal education agency's role 
                and responsibilities on the reservation or tribal lands 
                and administrative and fiscal capability and resources 
                at the time of the application; and
                    ``(C) the proposed process and time period for 
                entering into the agreement described under subsection 
                (c)(1).
    ``(e) Special Rule.--If the tribal education agency and State 
educational agency are unable to reach an agreement that the Secretary 
approves, the Secretary may, at the request of either agency and for a 
reasonable period, use all or a portion of the State's administrative 
funds for the program listed in subsection (c)(3)(B)(ii) for which an 
application is made, in order to facilitate an agreement (such as 
through alternative dispute resolution).
    ``(f) Review and Reporting.--
            ``(1) Review.--The Secretary shall require an eligible 
        tribal education agency and a State educational agency that 
        have an approved agreement to--
                    ``(A) periodically review the agreement; and
                    ``(B) if appropriate, revise the agreement and 
                submit the revised agreement to the Secretary for 
                approval.
            ``(2) Report.--An eligible tribal education agency and a 
        State educational agency that have an approved agreement shall 
        report to the Secretary every 2 years about the effectiveness 
        of the agreement.''.

                    Subtitle D--21st Century Schools

SEC. 141. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS.

    Subpart 2 of part A of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at 
the end the following:

``SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS.

    ``From funds made available to carry out this subpart, the 
Secretary shall--
            ``(1) establish a program to improve school environments 
        and student skill development for healthy choices for Native 
        American students, including--
                    ``(A) prevention regarding--
                            ``(i) alcohol and drug misuse;
                            ``(ii) suicide;
                            ``(iii) violence;
                            ``(iv) pregnancy; and
                            ``(v) obesity;
                    ``(B) nutritious eating programs; and
                    ``(C) anger and conflict management programs;
            ``(2) establish a program for school dropout prevention for 
        Native American students; and
            ``(3) collaborate with the Secretary of Agriculture to 
        establish tribal-school specific school gardens and nutrition 
        programs that are within the tribal cultural context.''.

    Subtitle E--Indian, Native Hawaiian, and Alaska Native Education

SEC. 151. PURPOSE.

    Section 7102 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7402) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Purpose.--It is the purpose of this subpart to support the 
efforts of local educational agencies, Indian tribes and organizations, 
postsecondary institutions, and other entities to improve the academic 
achievement of American Indian and Alaska native students by meeting 
their unique cultural, language, and educational needs.''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively; and
                    (B) by inserting after paragraph (2) the following:
            ``(3) strengthening American Indian and Alaska Native 
        students' knowledge of their languages, history, traditions, 
        and cultures;''.

SEC. 152. PURPOSE OF FORMULA GRANTS.

    Section 7111 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7421) is amended to read as follows:

``SEC. 7111. PURPOSE.

    ``It is the purpose of this subpart to support the efforts of local 
educational agencies to develop elementary school and secondary school 
programs for Indian students that are designed to meet the unique 
cultural, language and educational needs of such students.''.

SEC. 153. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

    Section 7112 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7422) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) Grant awards.--The Secretary''; and
                    (B) by adding at the end the following:
    ``(2) Consortia.--
            ``(A) In general.--Two or more local educational agencies 
        may form a consortium to apply for and carry out a program 
        under this subpart, as long as each local educational agency 
        participating in the consortium--
                    ``(i) provides an assurance to the Secretary that 
                the eligible Indian children served by such local 
                educational agency receive the services of the programs 
                funded under this subpart; and
                    ``(ii) shall be subject to all requirements, 
                assurances, and obligations applicable to local 
                educational agencies under this subpart.
            ``(B) Applicability.--The Secretary shall treat each 
        consortium described in subparagraph (A) as if such consortium 
        were a local educational agency for purposes of this 
        subpart.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Enrollment requirements.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                local educational agency shall be eligible for a grant 
                under this subpart for any fiscal year if the number of 
                Indian children eligible under section 7117 who were 
                enrolled in the schools of the agency, and to whom the 
                agency provided free public education, during the 
                preceding fiscal year--
                            ``(i) was at least 10; or
                            ``(ii) constituted not less than 25 percent 
                        of the total number of individuals enrolled in 
                        the schools of such agency.
                    ``(B) Special rule.--Notwithstanding any other 
                provision of this Act, in any case where an Indian 
                tribe that represents a plurality of the eligible 
                Indian children who are served by a local educational 
                agency eligible for a grant under this subpart requests 
                that the local educational agency enter into a 
                cooperative agreement with such tribe to assist in the 
                planning and operation of the program funded by such 
                grant, the local educational agency shall enter into 
                such an agreement as a condition for receiving funds 
                under this subpart.''; and
                    (B) in paragraph (2), by striking ``a reservation'' 
                and inserting ``an Indian reservation'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``such grant, 
                an'' and inserting the following: ``such grant--
                    ``(A) an Indian tribe that represents a plurality 
                of the eligible Indian children who are served by such 
                local educational agency may apply for such grant; or
                    ``(B) a consortium of Indian tribes representing a 
                plurality of the eligible Indian children who are 
                served by such local educational agency may apply for 
                such grant.''; and
                    (B) in paragraph (2)--
                            (i) by inserting ``or consortium of Indian 
                        tribes'' after ``each Indian tribe'';
                            (ii) by inserting ``or such consortium'' 
                        after ``such Indian tribe''; and
                            (iii) by inserting ``or consortium'' after 
                        ``any such tribe''; and
            (4) by adding at the end the following:
    ``(d) Indian Committee.--If neither a local educational agency 
pursuant to subsection (b), nor an Indian tribe or consortium of Indian 
tribes pursuant to subsection (c), applies for a grant under this 
subpart, a committee of Indian individuals in the community of the 
local educational agency may apply for such grant and the Secretary 
shall apply the special rule in subsection (c)(2) to such committee in 
the same manner as such rule applies to an Indian tribe or consortium 
of Indian tribes.''.

SEC. 154. AMOUNT OF GRANTS.

    Section 7113 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7423) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``$3,000'' and 
                inserting ``$10,000'';
                    (B) in paragraph (2)--
                            (i) by inserting ``and Indian tribes'' 
                        after ``Local educational agencies''; and
                            (ii) by inserting ``and operating 
                        programs'' after ``obtaining grants''; and
                    (C) by striking ``$4,000'' and inserting 
                ``$15,000''; and
            (2) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``Affairs'' and inserting ``Education''; and
                    (B) in paragraph (1)(A)(i), by striking ``Affairs'' 
                and inserting ``Education''.

SEC. 155. APPLICATIONS.

    Section 7114 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7424) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``is 
                        consistent with the State and local'' and 
                        inserts ``supports the State, tribal, and 
                        local''; and
                            (ii) in subparagraph (B), by striking ``, 
                        that are'' and all that follows through ``all 
                        children''; and
                    (B) in paragraph (3), by striking ``, especially 
                programs carried out under title I,'';
                    (C) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon; and
                            (ii) by adding at the end the following:
                    ``(C) the parents of Indian children and 
                representatives of Indian tribes on the committee 
                described in subsection (c)(5) will participate in the 
                planning of the professional development materials; 
                and''; and
                    (D) in paragraph (6)(B)--
                            (i) in clause (i), by striking ``and'' 
                        after the semicolon; and
                            (ii) by adding at the end the following:
                            ``(iii) each Indian tribe whose children 
                        are served by the local educational agency; 
                        and'';
            (2) in subsection (c)--
                    (A) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) the local educational agency will use funds received 
        under this subpart only for activities described and authorized 
        in this subpart;'';
                    (C) in paragraph (3) (as redesignated by 
                subparagraph (1))--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon;
                            (ii) in subparagraph (B), by inserting 
                        ``and'' after the semicolon; and
                            (iii) by adding at the end the following:
                    ``(C) determine the extent to which such activities 
                address the unique cultural, language, and educational 
                needs of Indian students;'';
                    (D) in paragraph (4)(C) (as redesignated by 
                paragraph (1)), by striking ``and teachers,'' and 
                inserting ``teachers, and representatives of Indian 
                tribes with reservations located within 50 miles of any 
                of the schools (if any such tribe has children in any 
                such school)'';
                    (E) in paragraph (5)--
                            (i) in subparagraph (A)--
                                    (I) by redesignating clauses (ii) 
                                and (iii) as clauses (iii) and (iv), 
                                respectively; and
                                    (II) by inserting after clause (i) 
                                the following:
                            ``(ii) representatives of Indian tribes 
                        with reservations located within 50 miles of 
                        any of the schools, if any such tribe has 
                        children in any such school;'';
                            (ii) in subparagraph (B), by inserting 
                        ``and representatives of Indian tribes 
                        described in subparagraph (A)(ii), if 
                        applicable'' before the semicolon at the end; 
                        and
                            (iii) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``and'' after the semicolon; and
                                    (II) by adding at the end the 
                                following:
                            ``(iii) determined that the program will 
                        directly enhance the educational experience of 
                        American Indian and Alaska Native students; 
                        and''; and
            (3) by adding at the end the following:
    ``(d) Outreach.--The Secretary shall monitor the applications for 
grants under this subpart to identify eligible local educational 
agencies and schools operated by the Bureau of Indian Education that 
have not applied for grants, and shall undertake appropriate outreach 
activities to encourage and assist such entities to submit 
applications.''.

SEC. 156. AUTHORIZED SERVICES AND ACTIVITIES.

    Section 7115 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7425) is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (11) as 
                paragraphs (2) through (12), respectively;
                    (B) by inserting before paragraph (2) (as 
                redesignated by subparagraph (A)) the following:
            ``(1) the activities that support Native American language 
        programs and Native American language restoration programs, 
        such as those programs described in section 7123;'';
                    (C) in paragraph (4) (as redesignated by 
                subparagraph (A)), by striking ``and directly support 
                the attainment of challenging State academic content 
                and student academic achievement standards'';
                    (D) in paragraph (5) (as redesignated by 
                subparagraph (A)), by striking ``that meet the needs of 
                Indian children and their families'' and inserting ``, 
                including programs that promote parental involvement in 
                school activities and promote parental involvement to 
                increase student achievement, in order to meet the 
                unique needs of Indian children and their families'';
                    (E) in paragraph (10) (as redesignated by 
                subparagraph (A)), by striking ``, consistent with 
                State standards''; and
                    (F) in paragraph (12) (as redesignated by 
                subparagraph (A)), by striking ``, and incorporate 
                appropriately qualified tribal elders and seniors''; 
                and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (2), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the local educational agency identifies in its 
        application how the use of such funds in a schoolwide program 
        will produce benefits to the Indian students that would not be 
        achieved if the funds were not used in a schoolwide program.''.

SEC. 157. STUDENT ELIGIBILITY FORMS.

    Section 7117(e) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7427(e)) is amended--
            (1) by striking ``For purposes'' and inserting the 
        following:
            ``(1) In general.--For purposes''; and
            (2) by adding at the end the following:
            ``(2) Records.--Once a child is determined to be an Indian 
        eligible to be counted for such grant award, the local 
        educational agency shall maintain a record of such 
        determination and the local educational agency and Secretary 
        shall not require a new or duplicate determination to be made 
        for such child for a subsequent application for a grant under 
        this subpart.''.

SEC. 158. TECHNICAL ASSISTANCE.

    Subpart 1 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7421 et seq.) is further amended by 
adding at the end the following:

``SEC. 7120. TECHNICAL ASSISTANCE.

    ``The Secretary shall, directly or through a contract, provide 
technical assistance to a local educational agency upon request (in 
addition to any technical assistance available under any other 
provision of this Act or available through the Institute of Education 
Sciences) to support the services and activities provided under this 
subpart, including technical assistance for--
            ``(1) the development of applications under this subpart;
            ``(2) improvement in the quality of implementation, content 
        of activities, and evaluation of activities supported under 
        this subpart; and
            ``(3) integration of activities under this title with other 
        educational activities established by the local educational 
        agency.''.

SEC. 159. AMENDMENTS RELATING TO TRIBAL COLLEGES AND UNIVERSITIES.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended--
            (1) in section 7121(b), by striking ``Indian institution 
        (including an Indian institution of higher education)'' and 
        inserting ``Tribal College or University, as defined in section 
        316(b) of the Higher Education Act of 1965''; and
            (2) in section 7122--
                    (A) in subsection (b)--
                            (i) by striking paragraph (1) and inserting 
                        the following:
            ``(1) a Tribal College or University, as defined in section 
        316(b) of the Higher Education Act of 1965;''; and
                            (ii) in paragraph (4), by striking the 
                        period and inserting ``, in consortium with not 
                        less than 1 Tribal College or University, as 
                        defined in section 316(b) of the Higher 
                        Education Act of 1965.''; and
                    (B) in subsection (f)--
                            (i) by redesignating paragraphs (1) and (2) 
                        as paragraphs (2) and (3), respectively;
                            (ii) by inserting after ``the Secretary--'' 
                        the following:
            ``(1) shall give priority to tribally chartered 
        institutions of higher education;'';
                            (iii) in paragraph (2), as redesignated, by 
                        striking ``shall'' and inserting ``may''; and
                            (iv) in paragraph (3), as redesignated, by 
                        striking ``basis of--'' and all that follows 
                        through ``grants'' and inserting ``basis of the 
                        length of any period during which the eligible 
                        entity has received a grant or grants''.

SEC. 160. TRIBAL EDUCATIONAL AGENCY COOPERATIVE AGREEMENTS.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at 
the end the following:

``SEC. 7123. TRIBAL EDUCATION AGENCY COOPERATIVE AGREEMENTS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
an Indian tribe may enter into a cooperative agreement with a State 
educational agency or a local education agency that serves a school 
within the Indian lands of such Indian tribe.
    ``(b) Cooperative Agreement.--Upon the request of an Indian tribe 
that includes, within the Indian lands of the tribe, a school served by 
a State educational agency or a local educational agency that receives 
assistance under this Act, the State educational agency or local 
educational agency shall enter into a cooperative agreement with the 
Indian tribe with respect to such school. The Indian tribe and the 
State educational agency or local educational agency, as the case may 
be, shall determine the terms of the agreement, and the agreement may--
            ``(1) authorize the tribal education agency of the Indian 
        tribe to plan, conduct, consolidate, and administer programs, 
        services, functions, and activities, or portions thereof, 
        administered by the State educational agency or local 
        educational agency; and
            ``(2) authorize the tribal education agency to reallocate 
        funds for such programs, services, functions, and activities, 
        or portions thereof as necessary.
    ``(c) Disagreement.--If an Indian tribe has requested a cooperative 
agreement under subsection (b) with a State educational agency or local 
educational agency that receives assistance under this Act, and the 
Indian tribe and State educational agency or local educational agency 
cannot reach an agreement, the Indian tribe may submit to the Secretary 
the information that the Secretary determines relevant to make a 
determination. The Secretary shall provide notice to the affected State 
educational agency or local educational agency not later than 30 days 
after receiving the Indian tribe's submission. After such notice is 
made, the State educational agency or local educational agency has 30 
days to submit information that the Secretary determines relevant in 
relation to the disagreement. After the 30 days provided to the State 
educational agency or local educational agency has elapsed, the 
Secretary shall make a determination.
    ``(d) Consortium of Tribes.--Nothing in this section shall preclude 
the development and submission of a single tribal education agencies 
pilot project cooperative agreement by the participating Indian tribes 
of an intertribal consortium.
    ``(e) Definitions.--In this section:
            ``(1) Indian land.--The term `Indian land' has the meaning 
        given that term in section 8013.
            ``(2) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, other organized group or community, 
        including any Native village or Regional Corporation or Village 
        Corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act, that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.''.

SEC. 161. TRIBAL EDUCATION AGENCIES PILOT PROJECT.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by 
adding at the end the following:

``SEC. 7124. TRIBAL EDUCATION AGENCIES PILOT PROJECT.

    ``(a) Purpose.--There is established a pilot project to be known as 
the `Tribal Education Agency Pilot Project' that authorizes not more 
than 5 qualifying Indian tribes per year to be eligible to receive 
grants with the Secretary to administer State educational agency 
functions authorized under this Act for schools that meet the 
eligibility criteria described in subsection (e). These functions 
include all grants, including grants allocated through formulas and 
discretionary grants allocated on a competitive basis, that are awarded 
under this Act.
    ``(b) Planning Phase.--
            ``(1) In general.--Each Indian tribe seeking to participate 
        in the Tribal Education Agencies Pilot Project shall complete a 
        planning phase. The planning phase shall include--
                    ``(A) the development of an education plan for the 
                schools that meet the eligibility criteria described in 
                subsection (e) and that will be served under the pilot 
                project; and
                    ``(B) demonstrated coordination and collaboration 
                partnerships, including cooperative agreements with 
                each local educational agency that serves a school 
                meeting the criteria described in subsection (e).
            ``(2) Exemption.--The Secretary may waive the planning 
        phase, upon the application of an Indian tribe, if the Indian 
        tribe has--
                    ``(A) been operating a tribal education agency 
                successfully for 2 or more years; and
                    ``(B) can demonstrate compliance with the fiscal 
                accountability provision of 5(f)(1) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450c(f)(1)), relating to the submission of a single-
                agency audit report required by chapter 75 of title 31, 
                United States Code.
    ``(c) Funding Agreement.--After an Indian tribe has successfully 
completed the planning phase, the Secretary shall award a grant and 
enter into a funding agreement to the Indian tribe to enable the tribal 
education agency of the tribe to administer all State educational 
agency functions described in subsection (a) for the schools that meet 
the eligibility criteria described in subsection (e). Each funding 
agreement shall--
            ``(1) identify the programs, services, functions, and 
        activities that the tribal education agency will be 
        administering for such schools;
            ``(2) determine the amount of funds to be provided to the 
        Indian tribe by the allocations or grant amounts that would 
        otherwise be provided to the State educational agency, as 
        appropriate; and
            ``(3) ensure that the Secretary provides such funds 
        directly to the tribe to administer such programs.
    ``(d) Eligibility.--In order to serve a school through a funding 
agreement under this section, the Indian tribe shall demonstrate--
            ``(1) that the school meets 1 or more of the following 
        criteria--
                    ``(A) the school is funded by the Bureau of Indian 
                Affairs, whether directly or through a contract or 
                compact with an Indian tribe or a tribal consortium;
                    ``(B) the school receives payments under title VII 
                because of students living on Indian land;
                    ``(C) the school is located on Indian land; and
                    ``(D) a majority of the students in the school are 
                American Indian or Alaska Native; and
            ``(2) that the Indian tribe--
                    ``(A) has the capacity to administer the functions 
                for which the tribe applies for such school, including 
                compliance with the fiscal accountability provision of 
                5(f)(1) of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450c(f)(1)), relating to the 
                submission of a single-agency audit report required by 
                chapter 75 of title 31, United States Code; and
                    ``(B) satisfies such other factors that the 
                Secretary deems appropriate.
    ``(e) Geographical Diversity.--In awarding grants under this 
section, the Secretary shall ensure that grants are provided and grant 
amounts are used in a manner that results in national geographic 
diversity among Indian tribes applying for grants under this section.
    ``(f) Consortium of Tribes.--Nothing in this section shall preclude 
the development and submission of a single tribal education agencies 
pilot project by the participating Indian tribes of an intertribal 
consortium.
    ``(g) Reporting Requirements.--The Secretary shall submit to 
Congress a written report 3 years after the date of enactment of this 
Act that--
            ``(1) identifies the relative costs and benefits of tribal 
        education agencies, as demonstrated by the grants;
            ``(2) identifies the funds transferred to each tribal 
        education agency and the corresponding reduction in the Federal 
        bureaucracy; and
            ``(3) includes the separate views of each Indian tribe 
        participating in the pilot project.
    ``(h) Definitions.--In this section:
            ``(1) Indian land.--The term `Indian land' has the meaning 
        given that term in section 8013.
            ``(2) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, other organized group or community, 
        including any Native village or Regional Corporation or Village 
        Corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act, that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for fiscal year 2012 
and each of the 5 succeeding fiscal years.''.

SEC. 162. IMPROVE SUPPORT FOR TEACHERS AND ADMINISTRATORS OF NATIVE 
              AMERICAN STUDENTS.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at 
the end the following:

``SEC. 7125. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS AND 
              ADMINISTRATORS OF NATIVE AMERICAN STUDENTS.

    ``(a) Grants Authorized.--The Secretary shall award grants to 
eligible entities to enable such entities to create or expand a teacher 
or administrator, or both, pipeline for teachers and administrators of 
Native American students.
    ``(b) Eligible Entity.--In this section, the term `eligible entity' 
means--
            ``(1) a local educational agency;
            ``(2) an institution of higher education; or
            ``(3) a nonprofit organization.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to Tribal Colleges and Universities (as 
defined in section 316 of the Higher Education Act of 1965).
    ``(d) Activities.--An eligible entity that receives a grant under 
this section shall create a program that shall prepare, recruit, and 
provide continuing education for teachers and administrators of Native 
American students, in particular for teachers of--
            ``(1) science, technology, engineering, and mathematics;
            ``(2) subjects that lead to health professions; and
            ``(3) green skills and `middle skills', including 
        electrical, welding, technology, plumbing, and green jobs.
    ``(e) Incentives for Teachers and Administrators.--An eligible 
entity that receives a grant under this section may provide incentives 
to teachers and principals who make a commitment to serve high-need, 
high-poverty, tribal schools, including in the form of scholarships, 
loan forgiveness, incentive pay, or housing allowances.
    ``(f) School and Community Orientation.--An eligible entity that 
receives a grant under this section shall develop an evidence-based, 
culturally-based school and community orientation for new teachers and 
administrators of Native American students.''.

SEC. 163. NATIONAL BOARD CERTIFICATION INCENTIVE DEMONSTRATION PROGRAM.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by 
adding at the end the following:

``SEC. 7126. NATIONAL BOARD CERTIFICATION INCENTIVE DEMONSTRATION 
              PROGRAM.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to improve the skills of qualified individuals that 
        teach Indian people; and
            ``(2) to provide an incentive for qualified teachers to 
        continue to utilize their enhanced skills in schools serving 
        Indian communities.
    ``(b) Eligible Entities.--For the purpose of this section, the term 
`eligible entity' means--
            ``(1) a State educational agency or local educational 
        agency, in consortium with an institution of higher education;
            ``(2) an Indian tribe or organization, in consortium with a 
        local educational agency; or
            ``(3) a Bureau-funded school (as defined in section 1146 of 
        the Education Amendments of 1978).
    ``(c) Program Authorized.--For fiscal years 2012 through 2018, the 
Secretary is authorized to award grants to eligible entities having 
applications approved under this section to enable those entities to--
            ``(1) reimburse individuals who teach Indian people with 
        out-of-pocket costs associated with obtaining National Board 
        Certification; and
            ``(2) providing a minimum of $5,000 but not more than a 
        $10,000 increase in annual compensation for National Board 
        Certified individuals for the duration of the Demonstration 
        Project.
    ``(d) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information, as the Secretary 
may require. In reviewing applications under this section, the 
Secretary shall ensure that the eligible entities--
            ``(1) are located within the boundaries of a reservation; 
        and
            ``(2) maintain an average enrollment of at least 30 percent 
        of students that reside within the boundaries of a reservation.
    ``(e) Restrictions on Compensation Increases.--The Secretary shall 
require and ensure that National Board Certified individuals continue 
to teach at the eligible entity as a condition of receiving annual 
compensation increases provided for in this section.
    ``(f) Progress Reports.--In fiscal years 2015 and 2018, the 
Comptroller General of the United States shall provide a report on the 
progress of the entities receiving awards in meeting applicable 
progress standards.''.

SEC. 164. TRIBAL LANGUAGE IMMERSION SCHOOLS.

    Subpart 2 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7441 et seq.) is further amended by 
adding at the end the following:

``SEC. 7127. TRIBAL LANGUAGE IMMERSION SCHOOLS.

    ``(a) Purpose.--It is the purpose of this section to establish a 
grant program to permit eligible schools to use American Indian, Alaska 
Native, and Native Hawaiian languages as the primary language of 
instruction of all curriculum taught at the schools (referred to in 
this section as `immersion schools') in order to increase the number of 
American Indian, Alaska Native, and Native Hawaiian graduates at all 
levels of education, and to increase the proficiencies of these 
students in the curriculum being taught.
    ``(b) Program Authorized.--From the amounts made available to carry 
out this section, the Secretary may award grants to eligible schools to 
develop and maintain, or to improve and expand, programs that support 
articulated Native language learning in kindergarten through 
postsecondary education programs.
    ``(c) Eligible School; Definition.--In this section--
            ``(1) the term `eligible school' means a school that 
        provides elementary or secondary education or a Tribal College 
        or University, including an elementary or secondary school 
        operated by a Tribal College or University, that has, or can 
        present a plan for development of, an immersion school or 
        courses in which instruction is provided for a minimum 900 
        hours per academic year; and
            ``(2) the term `Tribal College or University' has the 
        meaning given that term in section 316(b) of the Higher 
        Education Act of 1965.
    ``(d) Application.--An eligible school seeking a grant under this 
section shall submit an application to the Secretary at such time and 
in such manner as the Secretary may require, that includes the 
following information:
            ``(1) The number of students attending the school.
            ``(2) The number of present hours of tribal language 
        instruction being provided to students at the school, if any.
            ``(3) The status of school with regard to any applicable 
        Tribal Education Department or agency, public education system, 
        or accrediting body.
            ``(4) A statement that the school is engaged in meeting 
        targeted proficiency levels for students as may be required by 
        applicable Federal, State, or tribal law.
            ``(5) A statement identifying how the proficiency levels 
        for students being educated, or to be educated, at the tribal 
        language immersion school are, or will be, assessed.
            ``(6) A list of the instructors at the tribal language 
        immersion school and their qualifications.
            ``(7) A list of any partners or subcontractors with the 
        tribal language immersion school who may assist in the 
        provision of instruction in the immersion setting, and the role 
        of such partner or subcontractor.
            ``(8) Any other information that the Secretary may require.
    ``(e) Additional Eligibility Requirements.--When submitting an 
application for a grant under this section, each eligible school shall 
submit:
            ``(1) A certificate from a federally recognized Indian 
        tribe, or a letter from any organized American Indian, Alaska 
        Native, or Native Hawaiian community, on whose lands the school 
        is located, or which is served by the school, or from a 
        tribally controlled college or university (as defined in 
        section 2 of the Tribally Controlled College or University 
        Assistance Act of 1978) that is operating the school, 
        indicating that the school has the capacity to provide language 
        immersion education and that there are sufficient native 
        speakers at the school or available to be hired by the school 
        who are trained as educators who can provide the education 
        services required by the school in the native language used at 
        the immersion school and who will satisfy any requirements of 
        any applicable law for educators generally.
            ``(2) An assurance that the school will participate in data 
        collection conducted by the Secretary that will determine best 
        practices and further academic evaluation of the immersion 
        school.
            ``(3) A demonstration of the capacity to have native 
        language speakers provide the basic education offered by the 
        school for the minimum 900 hours per academic year as required 
        under the grant.
    ``(f) Activities Authorized.--The following activities are the 
activities that may be carried out by the eligible schools that receive 
a grant under this section:
            ``(1) Development of an articulated instructional 
        curriculum for the language of the tribe, American Indian, 
        Alaska Native, or Hawaiian community served by the school 
        applying for the grant.
            ``(2) In-service and preservice development of teachers and 
        paraprofessionals who will be providing the instruction in the 
        native language involved.
            ``(3) Development of contextual, experiential programs, and 
        curriculum materials related to the indigenous language of the 
        community which the immersion school serves.
    ``(g) Number, Amount, and Diversity of Languages in Grants.--Based 
on the amount appropriated by Congress as authorized by this section, 
and the number of eligible schools applying for a grant under this 
section, the Secretary may determine the amounts and length of each 
grant made under this section and shall ensure, to the maximum extent 
practicable, that diversity in languages is represented in such grants.
    ``(h) Report to Secretary.--Each eligible school receiving a grant 
under this section shall provide an annual report to the Secretary at 
such time, in such manner, and containing such information as the 
Secretary may require.
    ``(i) Authorization of Appropriations.--Notwithstanding any other 
section authorizing funds to be appropriated for carrying out the 
purposes of this title, there is authorized to be appropriated to carry 
out this section $5,000,000 for the first full fiscal year following 
the date of enactment of this section, and such sums as are necessary 
in the 4 following fiscal years.''.

SEC. 165. COORDINATION OF INDIAN STUDENT INFORMATION.

    Subpart 3 of part A of title VII of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7451 et seq.) is amended by adding at 
the end the following:

``SEC. 7137. COORDINATION OF INDIAN STUDENT INFORMATION.

    ``(a) Purpose.--Consonant with the United States' unique and 
continuing trust responsibility to Indian people for the education of 
Indian children as described in section 7101, it is the purpose of this 
section to enable the Secretary to establish or improve the 
effectiveness and efficiency of programs for coordination among 
educational agencies and schools for the linkage and exchange of 
student records of Indian children.
    ``(b) Grants Authorized.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of the Interior, the States, and Indian tribes, is 
        authorized to make grants to, or enter into contracts with, 
        State educational agencies, local educational agencies, Indian 
        tribes, Indian organizations, tribal education agencies, 
        institutions of higher education, other public and private 
        nonprofit organizations, and consortia of all such entities, to 
        improve the collection, coordination, and electronic exchange 
        of Indian student records between State educational agencies, 
        local educational agencies, and elementary schools and 
        secondary schools funded by the Bureau of Indian Education.
            ``(2) Preference.--In awarding grants under this section, 
        the Secretary shall give preference to--
                    ``(A) entities that are Indian tribes, Indian 
                organizations, tribal education agencies; or
                    ``(B) consortia that include 1 or more such 
                entities.
            ``(3) Grant duration.--Each grant awarded under this 
        section shall be for a duration of not more than 5 years.
    ``(c) Assistance.--
            ``(1) In general.--The Secretary shall assist the Secretary 
        of the Interior, the States, and elementary schools and 
        secondary schools funded by the Bureau of Indian Education in 
        developing effective methods for--
                    ``(A) the electronic transfer of student records of 
                Indian children;
                    ``(B) the determination of the number of Indian 
                children in each State, disaggregated by the local 
                educational agency in which such children reside; and
                    ``(C) the determination of the extent to which 
                Indian children under the age of 18 who have not 
                achieved a secondary school diploma are not enrolled in 
                any school.
            ``(2) Information systems.--
                    ``(A) In general.--Using amounts made available 
                under subsection (e), the Secretary, in consultation 
                with the Secretary of the Interior, the States, and 
                elementary schools and secondary schools funded by the 
                Bureau of Indian Education, shall award grants or 
                contracts to, or enter agreements with, State 
                educational agencies and local educational agencies, 
                and provide funds to the Secretary of the Interior in 
                accordance with subsection (d) in order to ensure the 
                linkage of Indian student records systems for the 
                purpose of electronically exchanging, among and between 
                State educational agencies, local educational agencies, 
                and schools, health and educational information 
                regarding all Indian students. The Secretary of 
                Education shall ensure such linkage occurs in a cost-
                effective manner, and to the extent practicable, 
                utilizes systems, if any, used prior to the date of 
                enactment of this section.
                    ``(B) Data elements.--The Secretary shall identify 
                the data elements that each State receiving assistance 
                under this subsection and the Secretary of the Interior 
                shall collect and maintain for each Indian student 
                enrolled in a school, which, at a minimum, shall 
                include--
                            ``(i) the student's enrollment and 
                        disenrollment in any elementary and secondary 
                        school, and the grade levels successfully 
                        completed at such school;
                            ``(ii) the student's immunization records 
                        and other health information;
                            ``(iii) the student's elementary and 
                        secondary academic history (including partial 
                        credit), credit accrual, and results from any 
                        assessments required by Federal law;
                            ``(iv) other academic information essential 
                        to ensuring that Indian children achieve high 
                        standards; and
                            ``(v) the student's eligibility for 
                        services under the Individuals with 
                        Disabilities Education Act.
                    ``(C) Notice and comment.--After fulfilling the 
                consultation required under subparagraph (A), the 
                Secretary shall publish a notice in the Federal 
                Register seeking public comment on the proposed data 
                elements that the Secretary of the Interior and each 
                State shall be required to collect for purposes of 
                electronic transfer of Indian student information with 
                respect to schools assisted under this Act and the 
                requirements the Secretary of the Interior and the 
                States shall meet for immediate electronic access to 
                such information. Such publication shall occur not 
                later than 180 days after the date of enactment of this 
                section.
            ``(3) No cost for certain transfers.--A State educational 
        agency or local educational agency receiving assistance under 
        this Act, or an elementary school or secondary school funded by 
        the Bureau of Indian Education, shall make student records 
        available at request of any other educational agency or school 
        at no cost to the requesting agency or school if the request is 
        made in order to meet the needs of an Indian child who is 
        enrolled, or was enrolled, in the school receiving assistance 
        under this Act.
    ``(d) Report to Congress.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this section, the Secretary shall prepare and 
        submit, to the Committee on Health, Education, Labor, and 
        Pensions and the Committee on Indian Affairs of the Senate, and 
        the Committee on Education and the Workforce of the House of 
        Representatives a report--
                    ``(A) describing the status of the implementation 
                of this section; and
                    ``(B) including recommendations from the Secretary 
                and the Secretary of the Interior regarding the 
                collection, coordination and exchange of health and 
                educational information on Indian children by the 
                Secretary of the Interior, the States, and elementary 
                schools and secondary schools funded by the Bureau of 
                Indian Education.
            ``(2) Required contents.--The Secretary shall include in 
        the report and recommendations described in paragraph (1)--
                    ``(A) a report on the progress made by the 
                Secretary of the Interior, the States, and elementary 
                schools and secondary schools funded by the Bureau of 
                Indian Education in developing and linking electronic 
                records transfer systems;
                    ``(B) recommendations for the development, linkage, 
                and maintenance of such systems;
                    ``(C) recommendations for measures that may be 
                taken to ensure the continuity and enhancement of 
                services to Indian students;
                    ``(D) a report from the Secretary of the Interior 
                describing the extent to which funding supplied to 
                elementary schools and secondary schools funded by the 
                Bureau of Indian Education pursuant to subsection 
                (e)(2)(B) is sufficient to enable those schools to 
                develop and operate electronic records transfer 
                systems; and
                    ``(E) a report on recommendations made by Indian 
                tribes, Indian organizations, tribal departments of 
                education, and elementary schools and secondary schools 
                funded by the Bureau of Indian Education, and consortia 
                of such entities, regarding implementation of this 
                section and the extent to which such recommendations 
                were taken into account.
            ``(3) Publication in federal register.--Not later than 14 
        days after the report described in paragraph (1) is submitted 
        to Congress, the Secretary shall publish such report in the 
        Federal Register.
    ``(e) Availability of Funds.--
            ``(1) Reservation.--For the purpose of carrying out this 
        section in any fiscal year, the Secretary shall reserve 
        $20,000,000 of the amount appropriated pursuant to subsection 
        (c) of section 7152.
            ``(2) Allotment for the secretary of the interior.--
                    ``(A) In general.--From the amounts reserved 
                pursuant to paragraph (1), the Secretary shall transfer 
                to the Secretary of the Interior $8,000,000 for each 
                fiscal year to be used as described in subparagraph 
                (B).
                    ``(B) Distribution and use of funds.--The Secretary 
                of the Interior shall distribute all funds transferred 
                pursuant to subparagraph (A) to elementary schools and 
                secondary schools funded by the Bureau of Indian 
                Education for use by such schools to pay the costs of 
                establishing and participating in systems for the 
                orderly linkage and exchange of student records of 
                Indian children. To facilitate such establishment and 
                participation by such schools, the Secretary of the 
                Interior shall, at the request of any such school, 
                supply technical assistance. Amounts required to be 
                supplied to elementary and secondary schools operated 
                by Indian tribes or tribal organizations pursuant to 
                contracts issued under authority of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.) or pursuant to grants issued under 
                authority of the Tribally Controlled Schools Act (25 
                U.S.C. 2501 et seq.) shall be added to the respective 
                contracts or grants of such tribes or tribal 
                organizations.
    ``(f) Data Collection.--The Secretary shall direct the National 
Center for Education Statistics to collect data on Indian children.
    ``(g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $20,000,000 
for fiscal year 2012 and each of the 5 succeeding fiscal years.''.

SEC. 166. AUTHORIZATION OF APPROPRIATIONS.

    Section 7152 (20 U.S.C. 7492) is amended to read as follows:

``SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) Subpart 1.--For the purpose of carrying out subpart 1, there 
are authorized to be appropriated $130,000,000 for fiscal year 2012 and 
such sums as may be necessary for each of the 5 succeeding fiscal 
years.
    ``(b) Subpart 2.--For the purpose of carrying out subpart 2, there 
are authorized to be appropriated $50,000,000 for fiscal year 2012 and 
such sums as may be necessary for each of the 5 succeeding fiscal 
years.
    ``(c) Subpart 3.--For the purpose of carrying out subpart 3, there 
are authorized to be appropriated $25,000,000 for fiscal year 2012 and 
such sums as may be necessary for each of the 5 succeeding fiscal 
years.''.

                         Subtitle F--Impact Aid

SEC. 171. IMPACT AID.

    Section 8004 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7704) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting ``, prior to any 
                final decision by the agency on how funds received 
                under section 8003 will be spent'' after ``benefits of 
                such programs and activities'';
                    (B) in paragraph (5)--
                            (i) by inserting ``local education'' after 
                        ``to such''; and
                            (ii) by inserting ``, prior to any final 
                        decision by the agency on how funds received 
                        under section 8003 will be spent'' after 
                        ``educational program'';
            (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Annual Summary.--On an annual basis, a local educational 
agency that claims children residing on Indian lands for the purpose of 
receiving funds under section 8003 shall provide Indian tribes with--
            ``(1) a summary of programs and activities that were 
        created for the claimed children, or in which the claimed 
        children participate; and
            ``(2) the funding received under section 8003 in the prior 
        and current fiscal years attributable to such claimed 
        children.''; and
            (4) by inserting after subsection (g), as so redesignated, 
        the following:
    ``(h) Timely Payments.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall pay a local educational agency that claims children 
        residing on Indian lands for the purpose of receiving funds 
        under section 8003 the full amount that the agency is eligible 
        to receive under this title for a fiscal year not later than 
        September 30 of the second fiscal year following the fiscal 
        year for which such amount has been appropriated if, not later 
        than 1 calendar year following the fiscal year in which such 
        amount has been appropriated, such local educational agency 
        submits to the Secretary all the data and information necessary 
        for the Secretary to pay the full amount that the agency is 
        eligible to receive under this title for such fiscal year.
            ``(2) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--For a fiscal year in 
        which the amount appropriated under section 8014 is 
        insufficient to pay the full amount a local educational agency 
        is eligible to receive under this title, paragraph (1) shall be 
        applied by substituting `is available to pay the agency' for 
        `the agency is eligible to receive' each place it appears.''.

                     Subtitle G--General Provisions

SEC. 181. HIGHLY QUALIFIED DEFINITION.

    Section 9109(23) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801(23)) is amended--
            (1) in subparagraph (B)(ii)(II), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (C)(ii)(VII), by striking the period 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) when used with respect to any public 
                elementary school or secondary school teacher teaching 
                Native American language, history, or culture in a 
                State or any Bureau of Indian Affairs funded or 
                operated school, means a teacher certified by an Indian 
                tribe as highly qualified to teach such subjects.''.

SEC. 182. APPLICABILITY OF ESEA TO BUREAU OF INDIAN EDUCATION SCHOOLS.

    Section 9103 (20 U.S.C. 7821) is amended to read as follows:

``SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION SCHOOLS.

    ``(a) In General.--For the purpose of any competitive program under 
this Act, a school described in subsection (b) shall have the same 
eligibility for and be given the same consideration as a local 
educational agency with regard to such program.
    ``(b) Description of Schools.--A school described in this 
subsection is--
            ``(1) a school funded by the Bureau of Indian Education 
        (including a school operated under a contract or grant with the 
        Bureau of Indian Education), or a consortium of such schools; 
        or
            ``(2) a school funded by the Bureau of Indian Education in 
        consortium with an Indian tribe, institution of higher 
        education, tribal organization or community organization.
    ``(c) Outreach.--The Secretary shall perform outreach to schools 
and consortia described in subsection (b) to encourage such schools and 
consortia to apply for each competitive program under this Act, and 
shall provide technical assistance as needed to enable such schools and 
consortia to submit applications for such programs.
    ``(d) Collaboration.--The Secretary shall collaborate with the 
Secretary of the Interior to provide training and technical assistance 
to the Bureau of Indian Education, Indian tribes, and schools operated 
under contracts and grants from the Bureau of Indian Education, 
regarding--
            ``(1) curriculum selection, including development of 
        culturally appropriate curricula;
            ``(2) the development and use of appropriate assessments; 
        and
            ``(3) effective instructional practices.''.

SEC. 183. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, SCHOOLS 
              SERVED BY THE BUREAU OF INDIAN EDUCATION, AND NATIVE 
              AMERICAN STUDENTS.

    (a) Technical Assistance and Capacity Building.--Subpart 2 of part 
E of title IX of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7901 et seq.) is amended by adding at the end the following:

``SEC. 9537. TECHNICAL ASSISTANCE AND CAPACITY BUILDING FOR TRIBAL 
              SCHOOLS AND SCHOOLS SERVED BY THE BUREAU OF INDIAN 
              EDUCATION.

    ``Notwithstanding any other provision of this Act, the Secretary 
shall ensure that any program supported with funds provided under this 
Act that awards grants, contracts, or other assistance to public 
schools, provides a 1 percent reservation for technical assistance or 
capacity building for tribal schools or schools served by the Bureau of 
Indian Education to ensure such tribal schools or schools served by the 
Bureau of Indian Education are provided the assistance to compete for 
such grants, contracts, or other assistance.''.

                   TITLE II--AMENDMENTS TO OTHER LAWS

SEC. 201. AMENDMENTS TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 
              2009 TO PROVIDE FUNDING FOR INDIAN PROGRAMS.

    Title XIV of Division A of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111-5; 123 Stat. 279) is amended--
            (1) by striking subsection (a) of section 14001 and 
        inserting the following:
    ``(a) Outlying Areas; Bureau of Indian Education.--
            ``(1) Outlying areas.--From the amount appropriated to 
        carry out this title, the Secretary of Education shall first 
        allocate up to one-half of one percent to the outlying areas on 
        the basis of their respective needs, as determined by the 
        Secretary, in consultation with the Secretary of the Interior, 
        for activities consistent with this title under such terms and 
        conditions as the Secretary may determine.
            ``(2) Bureau of indian education.--From the amounts 
        appropriated to carry out section 14006 and section 14007, the 
        Secretary of Education shall allocate not less than 1 percent, 
        but not more than 5 percent, to the schools funded by the 
        Bureau of Indian Education on the basis of their respective 
        needs, as determined by the Secretary of Education, in 
        consultation with the Secretary of the Interior, for activities 
        consistent with such sections under such terms and conditions 
        as the Secretary may determine.''; and
            (2) in section 14005(d), by striking paragraph (6) (as 
        added by section 1832(b) of the Department of Defense and Full-
        Year Continuing Appropriations Act, 2011 (Public Law 112-10, 
        125 Stat. 164)) and inserting the following:
            ``(6) Improving early childhood care and education.--The 
        State will take actions to--
                    ``(A) increase the number and percentage of low-
                income and disadvantaged children in each age group of 
                infants, toddlers, and preschoolers who are enrolled in 
                high-quality early learning programs;
                    ``(B) design and implement an integrated system of 
                high-quality early learning programs and services;
                    ``(C) in collaboration with Indian tribes in the 
                State, ensure that the actions described in (A) and (B) 
                are taken to ensure that high-quality early learning 
                programs and services are provided to Indian children 
                in the State, which may be accomplished through 
                subgrants to such tribes; and
                    ``(D) ensure that any use of assessments conforms 
                with the recommendations of the National Research 
                Council's reports on early childhood.''.

SEC. 202. QUALIFIED SCHOLARSHIPS FOR EDUCATION AND CULTURAL BENEFITS.

    (a) In General.--Section 117 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(e) Indian Education and Cultural Benefits.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, gross income does not include the value of--
                    ``(A) any qualified Indian education benefit, or
                    ``(B) any qualified Indian cultural benefit.
            ``(2) Qualified indian education benefit.--For purposes of 
        this subsection, the term `qualified Indian education benefit' 
        means--
                    ``(A) any educational grant or benefit provided, 
                directly or indirectly, to a member of an Indian tribe, 
                including a spouse or dependent of such a member, by 
                the Federal Government through a grant to or a contract 
                or compact with an Indian tribe or tribal organization 
                or through a third-party program funded by the Federal 
                Government, and
                    ``(B) any educational grant or benefit provided or 
                purchased by an Indian tribe or tribal organization to 
                or for a member of an Indian tribe, including a spouse 
                or dependent of such a member.
            ``(3) Qualified indian cultural benefit.--For purposes of 
        this subsection, the term `qualified Indian cultural benefit' 
        means--
                    ``(A) any grant or benefit provided, directly or 
                indirectly, to a member of an Indian tribe, including a 
                spouse or dependent of such a member, by the Federal 
                Government through a grant to or a contract or compact 
                with an Indian tribe or tribal organization or through 
                a third-party program funded by the Federal Government, 
                for the study of the language, culture, and ways of 
                life of the tribe, and
                    ``(B) any grant or benefit provided or purchased by 
                an Indian tribe or tribal organization to or for a 
                member of an Indian tribe, including a spouse or 
                dependent of such a member, for the study of the 
                language, culture, and ways of life of the tribe.
            ``(4) Definitions.--For purposes of this subsection--
                    ``(A) Indian tribe.--The term `Indian tribe' has 
                the meaning given such term by section 45A(c)(6).
                    ``(B) Tribal organization.--The term `tribal 
                organization' has the meaning given such term by 
                section 4(l) of the Indian Self-Determination and 
                Education Assistance Act.
                    ``(C) Dependent.--The term `dependent' has the 
                meaning given such term by section 152, determined 
                without regard to subsections (b)(1), (b)(2), and 
                (d)(1)(B) thereof.
            ``(5) Denial of double benefit.--This subsection shall not 
        apply to the amount of any qualified Indian education benefit 
        or qualified Indian cultural benefit which is not includible in 
        gross income of the beneficiary of such benefit by reason of 
        any other provision of this title, or to the amount of any such 
        benefit for which a deduction is allowed to such beneficiary 
        under any other provision of this title.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts received after the date of the enactment of this Act.

SEC. 203. TRIBAL EDUCATION POLICY ADVISORY GROUP.

    Section 1126 of the Education Amendments of 1978 (25 U.S.C. 2006) 
is amended by adding at the end the following:
    ``(h) Tribal Education Policy Advisory Group.--
            ``(1) Establishment.--Not later than 120 days after the 
        date of enactment of this subsection, the Secretary, acting 
        through the Assistant Secretary for Indian Affairs, shall 
        establish a Tribal Education Policy Advisory Group (referred to 
        in this subsection as the `TEPAG') to advise the Secretary and 
        the Assistant Secretary on all policies, guidelines, 
        programmatic issues, and budget development for the school 
        system funded by the Bureau of Indian Education.
            ``(2) Duties.--
                    ``(A) In general.--The Secretary shall consult with 
                the TEPAG prior to proposing any regulations, 
                establishing or changing any policies, or submitting 
                any budget proposal applicable to the Bureau of Indian 
                Education school system.
                    ``(B) Recommendations.--The Secretary shall include 
                in the proposed budget developed annually for the 
                Bureau of Indian Education any recommendations made by 
                the TEPAG resulting from the consultation under 
                subparagraph (A).
                    ``(C) Supplement, not supplant.--The consultation 
                required by subparagraph (A) shall be in addition to 
                and shall not replace the consultation requirement of 
                section 1131.
            ``(3) Composition.--
                    ``(A) In general.--The TEPAG shall be composed of 
                26 members, who shall be selected in accordance with 
                subparagraphs (B) through (D).
                    ``(B) Tribal members.--
                            ``(i) In general.--The TEPAG shall be 
                        composed of 22 elected or appointed tribal 
                        officials (or designated employees of the 
                        officials with authority to act on behalf of 
                        the officials), one from each education line 
                        office of the Bureau of Indian Education, who 
                        shall act as principal members of the TEPAG.
                            ``(ii) Selection process.--The tribes and 
                        schools served by each education line office 
                        shall establish a process to select the 
                        principal member and alternate member of that 
                        education line office to TEPAG.
                            ``(iii) Alternates.--The alternate member 
                        of an education line office selected under 
                        clause (ii) may participate in TEPAG meetings 
                        in the absence of the principal member of that 
                        education line office.
                    ``(C) National tribal organization member.--The 
                Secretary shall appoint a principal member and an 
                alternate member to the TEPAG from among national 
                organizations comprised of Indian tribes, who shall be 
                elected or appointed tribal officials (or designated 
                employees of the officials with authority to act on 
                behalf of the officials).
                    ``(D) Federal members.--The Secretary, the 
                Assistant Secretary for Indian Affairs, and the 
                Director of the Bureau of Indian Education shall be ex-
                officio members of the TEPAG.
            ``(4) Administration.--
                    ``(A) Meetings.--The TEPAG shall meet in person not 
                less than 3 times per fiscal year and may hold 
                additional meetings by telephone conference call.
                    ``(B) Protocols.--The Secretary and the TEPAG shall 
                jointly develop protocols for the operation and 
                administration of TEPAG.
                    ``(C) Nonapplicability of faca.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the TEPAG.
                    ``(D) Support.--
                            ``(i) In general.--The Secretary shall be 
                        responsible for all costs associated with 
                        carrying out the functions of the TEPAG, 
                        including reimbursement for the travel, 
                        lodging, and per diem expenses of each 
                        principal or alternate TEPAG member selected 
                        under subparagraphs (B) and (C) of paragraph 3.
                            ``(ii) Additional request.--
                                    ``(I) In general.--To facilitate 
                                the work of the TEPAG, the Secretary 
                                may request additional funding in the 
                                annual budget submission of the 
                                Secretary to support technical and 
                                substantive assistance to the TEPAG.
                                    ``(II) Recommendations.--If the 
                                Secretary requests additional funding 
                                under subclause (I), the Secretary 
                                shall take into consideration the 
                                amount of funding requested by the 
                                TEPAG for technical and substantive 
                                assistance when making the additional 
                                funding request.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.

SEC. 204. DIVISION OF BUDGET ANALYSIS.

    Section 1129 of the Education Amendments of 1978 (25 U.S.C. 2009) 
is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``Assistant Secretary for Indian Affairs'' and 
                inserting ``Secretary'';
                    (B) in paragraph (2), by striking ``and'' after the 
                semicolon;
                    (C) by redesignating paragraph (3) as paragraph 
                (4); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) a determination of the amount necessary to sustain 
        academic and residential programs at Bureau-funded schools, 
        calculated pursuant to subpart H of part 39 of title 25, Code 
        of Federal Regulations (or successor regulations); and''; and
            (2) in subsection (d), by striking ``Assistant Secretary 
        for Indian Affairs'' and inserting ``Secretary''.

SEC. 205. QUALIFIED SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT.

    Part B of title II of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 458) is amended by adding at the end the 
following:

``SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED SCHOOL CONSTRUCTION 
              BOND ESCROW ACCOUNT.

    ``(a) In General.--Pursuant to the authority granted under section 
54F(d)(4) of the Internal Revenue Code of 1986, the Secretary shall 
establish a qualified school construction bond escrow account for the 
purpose of implementing section 54F of the Internal Revenue Code of 
1986.
    ``(b) Transfer to Escrow Account.--
            ``(1) In general.--The Secretary shall allocate to the 
        escrow account described in subsection (a) amounts described in 
        section 54F(d)(4) of the Internal Revenue Code of 1986.
            ``(2) Other funds.--The Secretary shall accept and disburse 
        to the escrow account described in subsection (a) amounts 
        received to carry out this section from other sources, 
        including other Federal agencies, non-Federal public agencies, 
        and private sources.''.

SEC. 206. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.

    Section 532 of the Equity in Educational Land-Grant Status Act of 
1994 (7 U.S.C. 301 note) is amended by--
            (1) redesignating paragraphs (15) through (34) as 
        paragraphs (16) through (35), respectively; and
            (2) by inserting after paragraph (14) the following:
            ``(15) Keweenaw Bay Ojibwa Community College.''.

SEC. 207. WORKFORCE INVESTMENT ACT OF 1998.

    Title II of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et 
seq.) is amended--
            (1) in section 203--
                    (A) in paragraph (5)(D), by inserting ``, including 
                a Tribal College or University'' after ``education'';
                    (B) in paragraph (15), by amending subparagraph (B) 
                to read as follows:
                    ``(B) a Tribal College or University; or'';
                    (C) by redesignating paragraph (18) as paragraph 
                (19); and
                    (D) by inserting after paragraph (17) the 
                following:
            ``(18) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given the term in 
        section 316(b) of the Higher Education Act of 1965.'';
            (2) in section 211(a)--
                    (A) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) shall reserve 1.5 percent to carry out section 244, 
        except that the amount so reserved shall not exceed 
        $8,000,000.''; and
            (3) by inserting after section 243 the following:

``SEC. 244. AMERICAN INDIAN TRIBAL COLLEGE OR UNIVERSITY ADULT 
              EDUCATION AND LITERACY PROGRAM.

    ``(a) Establishment and Purpose.--The Secretary shall establish and 
carry out an American Indian Tribal College and University Adult 
Education and Literacy Grant Program to enable Tribal Colleges or 
Universities to develop and implement innovative, effective, and 
replicable programs designed to enhance life skills and transition 
individuals to employability and postsecondary education and to provide 
technical assistance to such institutions for program administration.
    ``(b) Application.--To be eligible to receive a grant under this 
section, a Tribal College or University shall submit to the Secretary 
an application at such time and in such manner as the Secretary may 
reasonably require. The Secretary shall, to the extent practicable, 
prescribe a simplified and streamlined format for such applications 
that takes into account the limited number of institutions that are 
eligible for assistance under this section.
    ``(c) Eligible Activities.--Activities that may be carried out 
under a grant awarded under this section include--
            ``(1) adult education and literacy services, including 
        workplace literacy services;
            ``(2) family literacy services;
            ``(3) English literacy programs, including limited English 
        proficiency programs;
            ``(4) civil engagement and community participation, 
        including U.S. citizenship skills;
            ``(5) opportunities for American Indians and Alaska Natives 
        to qualify for a secondary school diploma, or its recognized 
        equivalent; and
            ``(6) demonstration and research projects and professional 
        development activities designed to develop and identify the 
        most successful methods and techniques for addressing the 
        educational needs of American Indian adults.
    ``(d) Grants and Contracts.--Funding shall be awarded under this 
section to Tribal Colleges or Universities on a competitive basis 
through grants, contracts, or cooperative agreements of not less than 3 
years in duration.
    ``(e) Consideration and Inclusion.--In making awards under this 
section, the Secretary may take into account the considerations set 
forth in section 231(e). In no case shall the Secretary make an award 
to a Tribal College or University that does not include in its 
application a description of a multiyear strategy, including 
performance measures, for increasing the number of adult American 
Indian or Alaska Natives that attain a secondary diploma or recognized 
equivalent.''.

SEC. 208. TECHNICAL AMENDMENTS TO TRIBALLY CONTROLLED SCHOOLS ACT OF 
              1988.

    (a) Grants Authorized.--Section 5203(b)(3) of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2502(b)(3)) is amended--
            (1) by striking ``as defined in section 1128(h)(1)'' and 
        inserting ``as defined in section 1128(a)(1)''; and
            (2) by striking ``under section 1128 of such'' and 
        inserting ``under section 1128(c) of that''.
    (b) Amendments to Grants.--Section 5203 of the Tribally Controlled 
Schools Act of 1988 (25 U.S.C. 2502) is amended by adding at the end 
the following:
    ``(h) Amendments to Grants.--
            ``(1) In general.--At the request of the school board of a 
        tribally controlled school, the Secretary shall approve a 
        request to amend a grant issued to that school board under this 
        part unless the Secretary, not later than 90 days after the 
        date of receipt of the request, provides written notification 
        to the school board that contains a specific finding that 
        clearly demonstrates, or is supported by a controlling legal 
        authority, that--
                    ``(A) the services to be rendered to the eligible 
                Indian students under the proposed amendment to the 
                grant do not meet the requirements of this part;
                    ``(B) adequate protection of trust resources is not 
                assured;
                    ``(C) the grant or the proposed amendment to the 
                grant cannot be properly completed or maintained;
                    ``(D) the amount of funds proposed under the 
                amendment is in excess of the applicable funding level 
                for the grant, as determined under section 5204; or
                    ``(E) the program, function, service, or activity 
                (or portion of the program, function, service, or 
                activity) that is the subject of the proposed amendment 
                is beyond the scope of programs, functions, services, 
                or activities covered under this part because the 
                proposed amendment includes activities that cannot 
                lawfully be carried out by the grantee.
            ``(2) Appeals.--The Secretary shall provide the school 
        board of a tribally controlled school with a hearing on the 
        record in the same manner as provided under section 102 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450f).''.
    (c) Composition of Grants.--Section 5204(b) of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2503(b)) is amended--
            (1) in paragraph (4)(B)(iv), by striking ``section 
        5209(e)'' and inserting ``section 5208(e)''; and
            (2) in paragraph (5)(B), by striking ``section 5209(e)'' 
        and inserting ``section 5208(e)''.
    (d) Duration of Eligibility Determination.--Section 5206(c) of the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2505(c)) is 
amended--
            (1) in paragraph (2), by striking ``section 5206(b)(1)(A)'' 
        and inserting ``section 5205(b)(1)(A)''; and
            (2) in paragraph (4)(A), by striking ``section 
        5206(f)(1)(C)'' and inserting ``section 5205(f)(1)(C)''.

               TITLE III--ADDITIONAL EDUCATION PROVISIONS

SEC. 301. NATIVE AMERICAN STUDENT SUPPORT.

    (a) Support.--The Secretary of Education shall expand programs for 
Native American school children--
            (1) to provide support for learning in their Native 
        language and culture; and
            (2) to provide English language instruction.
    (b) Research.--The Secretary of Education shall conduct research on 
culture- and language-based education to identify the factors that 
improve education and health outcomes.

SEC. 302. ENSURING THE SURVIVAL AND CONTINUING VITALITY OF NATIVE 
              AMERICAN LANGUAGES.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Indian Education.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any agency or organization that is eligible for financial 
        assistance under section 803(a) of the Native American Programs 
        Act of 1974 (42 U.S.C. 2991b(a)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director.
    (b) Establishment of Grant Program.--The Secretary shall establish 
a program to provide eligible entities with grants for the purpose of 
assisting Native Americans to ensure the survival and continuing 
vitality of Native American languages.
    (c) Use of Amounts.--
            (1) In general.--An eligible entity may use amounts 
        received under this section to carry out activities that ensure 
        the survival and continuing vitality of Native American 
        languages, including--
                    (A) the establishment and support of community 
                Native American language projects designed to bring 
                older and younger Native Americans together to 
                facilitate and encourage the transfer of Native 
                American language skills from one generation to 
                another;
                    (B) the establishment of projects that train Native 
                Americans to--
                            (i) teach a Native American language to 
                        others; or
                            (ii) serve as interpreters or translators 
                        of a Native American language;
                    (C) the development, printing, and dissemination of 
                materials to be used for the teaching and enhancement 
                of a Native American language;
                    (D) the establishment or support of a project to 
                train Native Americans to produce or participate in 
                television or radio programs to be broadcast in a 
                Native American language;
                    (E) the compilation, transcription, and analysis of 
                oral testimony to record and preserve a Native American 
                language;
                    (F) the purchase of equipment, including audio and 
                video recording equipment, computers, and software, 
                required to carry out a Native American language 
                project; and
                    (G)(i) the establishment of Native American 
                language nests, which are site-based educational 
                programs that--
                            (I) provide instruction and child care 
                        through the use of a Native American language 
                        for at least 10 children under the age of 7 for 
                        an average of at least 500 hours per year per 
                        student;
                            (II) provide classes in a Native American 
                        language for parents (or legal guardians) of 
                        students enrolled in a Native American language 
                        nest (including Native American language-
                        speaking parents); and
                            (III) ensure that a Native American 
                        language is the dominant medium of instruction 
                        in the Native American language nest;
                    (ii) the establishment of Native American language 
                survival schools, which are site-based educational 
                programs for school-age students that--
                            (I) provide an average of at least 500 
                        hours of instruction through the use of 1 or 
                        more Native American languages for at least 15 
                        students for whom a Native American language 
                        survival school is the principal place of 
                        instruction;
                            (II) develop instructional courses and 
                        materials for learning Native American 
                        languages and for instruction through the use 
                        of Native American languages;
                            (III) provide for teacher training;
                            (IV) work toward a goal of all students 
                        achieving--
                                    (aa) fluency in a Native American 
                                language; and
                                    (bb) academic proficiency in 
                                mathematics, reading (or language 
                                arts), and science; and
                            (V) are located in areas that have high 
                        numbers or percentages of Native American 
                        students; and
                    (iii) the establishment of Native American language 
                restoration programs, which are educational programs 
                that--
                            (I) operate at least 1 Native American 
                        language program for the community which the 
                        educational program serves;
                            (II) provide training programs for teachers 
                        of Native American languages;
                            (III) develop instructional materials for 
                        the Native American language restoration 
                        programs;
                            (IV) work toward a goal of increasing 
                        proficiency and fluency in at least 1 Native 
                        American language; and
                            (V) provide instruction in at least 1 
                        Native American language.
            (2) Native american language restoration programs.--An 
        eligible entity carrying out a program described in paragraph 
        (1)(G)(iii) may use amounts made available under this section 
        to carry out--
                    (A) Native American language programs, including--
                            (i) Native American language immersion 
                        programs;
                            (ii) Native American language and culture 
                        camps;
                            (iii) Native American language programs 
                        provided in coordination and cooperation with 
                        educational entities;
                            (iv) Native American language programs 
                        provided in coordination and cooperation with 
                        local institutions of higher education;
                            (v) Native American language programs that 
                        use a master-apprentice model of learning 
                        languages; and
                            (vi) Native American language programs 
                        provided through a regional program to better 
                        serve geographically dispersed students;
                    (B) Native American language teacher training 
                programs, including--
                            (i) training programs in Native American 
                        language translation for fluent speakers;
                            (ii) training programs for Native American 
                        language teachers; and
                            (iii) training programs for teachers in the 
                        use of Native American language materials, 
                        tools, and interactive media to teach Native 
                        American language; and
                    (C) the development of Native American language 
                materials, including books, audio and visual tools, and 
                interactive media programs.
    (d) Applications.--
            (1) In general.--Subject to paragraph (2), in awarding a 
        grant under this section, the Secretary shall select applicants 
        from among eligible entities on the basis of applications 
        submitted to the Secretary at such time, in such form, and 
        containing such information as the Secretary requires.
            (2) Requirements.--An application under paragraph (1) shall 
        include, at a minimum--
                    (A) a detailed description of the current status of 
                the Native American language to be addressed by the 
                project for which a grant is requested, including a 
                description of existing programs and projects, if any, 
                in support of that language;
                    (B) a detailed description of the project for which 
                the grant is requested;
                    (C) a statement that the objectives of the project 
                are in accordance with the purposes of this section;
                    (D) a detailed description of the plan of the 
                applicant to evaluate the project;
                    (E) if appropriate, an identification of 
                opportunities for the replication or modification of 
                the project for use by other Native Americans;
                    (F) a plan for the preservation of the products of 
                the Native American language project for the benefit of 
                future generations of Native Americans and other 
                interested persons; and
                    (G) in the case of an application for a grant to 
                carry out any purpose specified in subsection 
                (c)(1)(G)(iii), a certification by the applicant that 
                the applicant has not less than 3 years of experience 
                in operating and administering a Native American 
                language survival school, a Native American language 
                nest, or any other educational program in which 
                instruction is conducted in a Native American language.
            (3) Participating organizations.--If an applicant 
        determines that the objectives of a proposed Native American 
        language project would be accomplished more effectively through 
        a partnership with an educational entity, the applicant shall 
        identify the educational entity as a participating organization 
        in the application.
    (e) Limitations on Funding.--
            (1) Federal share.--The Federal share of the total cost of 
        a program under this section shall not exceed 80 percent.
            (2) Non-federal share.--
                    (A) In general.--The non-Federal share of the cost 
                of a program under this section may be provided in cash 
                or fairly evaluated in-kind contributions, including 
                facilities, equipment, or services.
                    (B) Source of non-federal share.--The non-Federal 
                share--
                            (i) may be provided from any private or 
                        non-Federal source; and
                            (ii) may include amounts (including 
                        interest) distributed to an Indian tribe--
                                    (I) by the Federal Government 
                                pursuant to the satisfaction of a claim 
                                made under Federal law;
                                    (II) from amounts collected and 
                                administered by the Federal Government 
                                on behalf of an Indian tribe or the 
                                members of an Indian tribe; or
                                    (III) by the Federal Government for 
                                general tribal administration or tribal 
                                development under a formula or subject 
                                to a tribal budgeting priority system, 
                                including--
                                            (aa) amounts involved in 
                                        the settlement of land or other 
                                        judgment claims;
                                            (bb) severance or other 
                                        royalty payments; or
                                            (cc) payments under the 
                                        Indian Self-Determination Act 
                                        (25 U.S.C. 450f et seq.) or a 
                                        tribal budget priority system.
            (3) Duration.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary may make grants made under this section on a 
                1-year, 2-year, or 3-year basis.
                    (B) Native american language restoration program.--
                The Secretary shall only make a grant available under 
                subsection (c)(1)(G)(iii) on a 3-year basis.
    (f) Administration.--
            (1) In general.--The Secretary shall carry out this section 
        through the Bureau of Indian Education.
            (2) Expert panel.--
                    (A) In general.--Not later than 180 days after date 
                of enactment of this section, the Secretary shall 
                appoint a panel of experts for the purpose of assisting 
                the Secretary to review--
                            (i) applications submitted under subsection 
                        (d);
                            (ii) evaluations carried out to comply with 
                        subsection (d)(2)(C); and
                            (iii) the preservation of products required 
                        by subsection (d)(2)(F).
                    (B) Composition.--
                            (i) In general.--The panel shall include--
                                    (I) a designee of the Institute of 
                                American Indian and Alaska Native 
                                Culture and Arts Development;
                                    (II) representatives of national, 
                                tribal, and regional organizations that 
                                focus on Native American language or 
                                Native American cultural research, 
                                development, or training; and
                                    (III) other individuals who are 
                                recognized as experts in the area of 
                                Native American language.
                            (ii) Recommendations.--Recommendations for 
                        appointments to the panel shall be solicited 
                        from Indian tribes and tribal organizations.
                    (C) Duties.--The duties of the panel shall 
                include--
                            (i) making recommendations regarding the 
                        development and implementation of regulations, 
                        policies, procedures, and rules of general 
                        applicability with respect to the 
                        administration of this section;
                            (ii) reviewing applications received under 
                        subsection (d);
                            (iii) providing to the Secretary a list of 
                        recommendations for the approval of 
                        applications in accordance with--
                                    (I) regulations issued by the 
                                Secretary; and
                                    (II) the relative need for the 
                                project; and
                            (iv) reviewing evaluations submitted to 
                        comply with subsection (d)(2)(C).
            (3) Products generated by projects.--
                    (A) In general.--Subject to subparagraph (B), for 
                preservation and use in accordance with the 
                responsibilities of the respective organization under 
                Federal law, a copy of any product of a Native American 
                language project for which a grant is made under this 
                section--
                            (i) shall be transmitted to the Institute 
                        of American Indian and Alaska Native Culture 
                        and Arts Development; and
                            (ii) may be transmitted, at the discretion 
                        of the grantee, to national and regional 
                        repositories of similar material.
                    (B) Exemption.--
                            (i) In general.--In accordance with the 
                        Federal recognition of the sovereign authority 
                        of each Indian tribe over all aspects of the 
                        culture and language of that Indian tribe and 
                        subject to clause (ii), an Indian tribe may 
                        make a determination--
                                    (I) not to transmit a copy of a 
                                product under subparagraph (A);
                                    (II) not to permit the 
                                redistribution of a copy of a product 
                                transmitted under subparagraph (A); or
                                    (III) to restrict in any manner the 
                                use or redistribution of a copy of a 
                                product transmitted under subparagraph 
                                (A).
                            (ii) Restrictions.--Clause (i) does not 
                        authorize an Indian tribe--
                                    (I) to limit the access of the 
                                Secretary to a product described in 
                                subparagraph (A) for purposes of 
                                administering this section or 
                                evaluating the product; or
                                    (II) to sell a product described in 
                                subparagraph (A), or a copy of that 
                                product, for profit to the entities 
                                referred to in subparagraph (A).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as are necessary for 
each of fiscal years 2013 through 2018.
    (h) Repeal; Conforming Amendments.--
            (1) Repeal.--Section 803C of the Native American Programs 
        Act of 1974 (42 U.S.C. 2991b-3) is repealed.
            (2) Conforming amendments.--Section 816 of the Native 
        American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
                    (A) in subsection (a), by striking ``sections 
                803(d), 803A, 803C, 804, subsection (e) of this 
                section'' and inserting ``sections 803(d), 803A, and 
                804, subsection (d)'';
                    (B) in subsection (b), by striking ``other than 
                sections 803(d), 803A, 803C, 804, subsection (e) of 
                this section'' and inserting ``sections 803(d), 803A, 
                and 804, subsection (d)''; and
                    (C) by striking subsection (e).

SEC. 303. IN-SCHOOL FACILITY INNOVATION PROGRAM CONTEST.

    (a) In General.--The Secretary of the Interior shall--
            (1) establish an in-school facility innovation program 
        contest in which institutions of higher education, including a 
        Tribal College or University (as defined in section 316 of the 
        Higher Education Act of 1965 (20 U.S.C. 1059c)), are encouraged 
        to consider solving the problem of how to improve school 
        facilities for tribal schools and schools served by the Bureau 
        of Indian Education for problem-based learning in their 
        coursework and through extracurricular opportunities; and
            (2) establish an advisory group for the contest described 
        in paragraph (1) that shall include students enrolled at a 
        Tribal College or University, a representative from the Bureau 
        of Indian Education, and engineering and fiscal advisors.
    (b) Submission of Finalists to the Indian Affairs Committee.--The 
Secretary of the Interior shall submit the finalists to the Committee 
on Indian Affairs of the Senate.
    (c) Winners.--The Secretary of the Interior shall--
            (1) determine the winners of the program contest conducted 
        under this section; and
            (2) award the winners appropriate recognition and reward.

SEC. 304. RETROCESSION OR REASSUMPTION OF CERTAIN SCHOOL FUNDS.

    Notwithstanding any other provision of law, beginning July 1, 2008, 
any funds (including investments and interest earned, except for 
construction funds) held by a Public Law 100-297 grant or a Public Law 
93-638 contract school shall, upon retrocession to or reassumption by 
the Bureau of Indian Education, remain available to the Bureau for a 
period of 5 years from the date of retrocession or reassumption for the 
benefit of the programs approved for the school on October 1, 1995.

SEC. 305. DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF EDUCATION JOINT 
              OVERSIGHT BOARD.

    (a) In General.--The Secretary of Education and the Secretary of 
the Interior shall jointly establish a Department of the Interior and 
Department of Education Joint Oversight Board, that shall--
            (1) be co-chaired by both Departments; and
            (2) coordinate technical assistance, resource distribution, 
        and capacity building between the 2 departments on the 
        education of and for Native American students.
    (b) Information To Be Shared.--The Joint Oversight Board shall 
facilitate the communication, collaboration, and coordination between 
the 2 departments of education policies, access to and eligibility for 
Federal resources, and budget and school leadership development, and 
other issues, as appropriate.

SEC. 306. FEASIBILITY STUDY TO TRANSFER BUREAU OF INDIAN EDUCATION TO 
              DEPARTMENT OF EDUCATION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this section, the Government Accountability Office shall carry out a 
study that examines the feasibility of transferring the Bureau of 
Indian Education from the Department of the Interior to the Department 
of Education.
    (b) Contents.--The study shall include an assessment of the impacts 
of a transfer described in subsection (a) on--
            (1) affected students;
            (2) affected faculty, staff, and other employees;
            (3) the organizational and operating structure of the 
        Bureau of Indian Education;
            (4) applicable Federal laws, including laws relating to 
        Indian preference; and
            (5) intergovernmental agreements.

SEC. 307. TRIBAL SELF-GOVERNANCE FEASIBILITY STUDY.

    (a) Study.--The Secretary of Education shall conduct a study to 
determine the feasibility of entering into self-governance compacts and 
contracts with Indian tribal governments who wish to operate public 
schools that reside within their lands.
    (b) Considerations.--In conducting the study described in 
subsection (a), the Secretary of Education shall consider the 
feasibility of--
            (1) assigning and paying to an Indian tribe all 
        expenditures for the provision of services and related 
        administration funds that the Secretary would otherwise pay to 
        a State educational agency and a local educational agency for 1 
        or more public schools located on the Indian lands of such 
        Indian tribe;
            (2) providing assistance to Indian tribes in developing 
        capacity to administer all programs and services that are 
        currently under the jurisdiction of the State educational 
        agency or local educational agency; and
            (3) authorizing the Secretary to treat an Indian tribe as a 
        State for the purposes of carrying out programs and services 
        funded by the Secretary that are currently under the 
        jurisdiction of the State.
    (c) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary of Education shall submit, to the Committee 
on Indian Affairs and the Committee on Health, Education, Labor and 
Pensions of the Senate and the Education and the Workforce Committee of 
the House of Representatives, a report that includes--
            (1) the results of the study conducted under subsection 
        (a);
            (2) a summary of any consultation that occurred between the 
        Secretary and Indian tribes in conducting this study;
            (3) projected costs and savings associated with the 
        Department of Education entering into self-governance contracts 
        and compacts with Indian tribes, and any estimated impact on 
        programs and services described in paragraphs (2) and (3) of 
        subsection (a) in relation to probable costs and savings; and
            (4) legislative actions that would be required to authorize 
        the Secretary to enter into self-governance compacts and 
        contracts with Indian tribes to provide such programs and 
        services.
    (d) Definitions.--In this section:
            (1) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian tribe, band, nation, other organized group or community, 
        including any Native village or Regional Corporation or Village 
        Corporation as defined in or established pursuant to the Alaska 
        Native Claims Settlement Act, that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
            (2) Indian lands.--The term ``Indian lands'' has the 
        meaning given that term in section 8013 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7713).

SEC. 308. ESTABLISHMENT OF CENTER FOR INDIGENOUS EXCELLENCE.

    (a) Definitions.--In this section:
            (1) Institution of higher education.--The term 
        ``institution of higher education'' shall have the meaning 
        given such term in section 101 of the Higher Education Act of 
        1965 (20 U.S.C. 1001).
            (2) Native american and native american language.--The 
        terms ``Native American'' and ``Native American language'' 
        shall have the meanings given such terms in section 103 of the 
        Native American Languages Act (25 U.S.C. 2902).
            (3) Native american language nests and survival schools.--
        The terms ``Native American language nest'' and ``Native 
        American language survival school'' shall have the meanings 
        given such terms in section 803C(b)(7) of the Native American 
        Programs Act of 1974 (42 U.S.C. 2991b-3).
            (4) Native hawaiian or native american pacific islander 
        native language educational organization.--The term ``Native 
        Hawaiian or Native American Pacific Islander native language 
        educational organization'' shall have the meaning given such 
        term in section 3301 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7011).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (6) STEM.--The term ``STEM'' means a science, technology, 
        engineering, and mathematics program.
            (7) Tribally sanctioned educational authority.--The term 
        ``tribally sanctioned educational authority'' shall have the 
        meaning given such term in section 3301 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7011).
    (b) In General.--There shall be established a Center for Indigenous 
Excellence to--
            (1) support Native American governments, communities, 
        schools, and programs in the development and demonstration of 
        Native American language and culture-based education from the 
        preschool to graduate education levels as appropriate for their 
        distinctive populations, circumstances, visions, and holistic 
        approaches for the benefit of the entire community;
            (2) provide direction to Federal, State, and local 
        government entities relative to Native American language and 
        culture-based education;
            (3) demonstrate nationally and internationally recognized 
        educational best practices through integrated programming in 
        Native American language and culture-based education from the 
        preschool to graduate education levels that benefits the entire 
        specific indigenous group regardless of its geographic 
        dispersal, including--
                    (A) teacher certification;
                    (B) curriculum and materials development;
                    (C) distance education support;
                    (D) research; and
                    (E) holistic approaches;
            (4) serve as an alternative pathway of choice for meeting 
        federally mandated academic assessments, teacher 
        qualifications, and curriculum design for Native American 
        language nests and Native American language survival schools; 
        and
            (5) serve as a coordinating entity and depository for 
        federally funded research into Native American language and 
        culture-based education including STEM applications that will 
        address workforce needs of Native American communities.
    (c) Eligible Entities.--For the purpose of determining the site of 
the Center for Indigenous Excellence, the Secretary shall consider the 
following to be an eligible entity:
            (1) A tribally sanctioned educational authority.
            (2) A Native American language college.
            (3) A Native Hawaiian or Native American Pacific Islander 
        native language educational organization.
            (4) An institution of higher education with a commitment to 
        serve Native American communities.
            (5) A local educational agency with a commitment to serve 
        Native American communities.
    (d) Criteria for Selection.--The Secretary shall determine the site 
of the Center for Indigenous Excellence based on--
            (1) a record of excellence, on a national and international 
        level, with regard to Native American language and culture-
        based education;
            (2) a high representation of Native Americans among its 
        personnel;
            (3) a high representation of speakers of 1 or more Native 
        American languages among its personnel; and
            (4) a location in a community with a high representation of 
        Native Americans.
    (e) Establishment of Partnerships and Consortia.--
            (1) In general.--Once established, the Center for 
        Indigenous Excellence may develop partnerships or consortia 
        with other entities throughout the United States with expertise 
        appropriate to the mission of the Center and include such 
        entities in its work.
            (2) Assistance to partners.--The Center shall provide 
        assistance to partners, to the extent practicable, in 
        curriculum development, technology development, teacher and 
        staff training, research, and sustaining Native American 
        language nests, Native American survival schools, and Native 
        American language schools.
                                 <all>