1.This Act may be cited as
the Building upon Unique Indian
Learning and Development Act
.
2.In-school
facility innovation program contest
(a)The Secretary of the
Interior shall—
(1)establish an in-school facility innovation
program contest in which institutions of higher education, including Tribal
Colleges and Universities (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 CommitteeThe Secretary of the Interior shall submit
the finalists to the Committee on Indian Affairs of the Senate.
(c)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.
3.Department of
the Interior and Department of Education Joint Oversight Board
(a)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)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.
4.Improve support
for teachers and administrators of native american studentsSubpart 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:
7123.Teacher and
administrator pipeline for teachers and administrators of native american
students
(a)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)In this section, the
term eligible entity means—
(1)a local educational agency;
(2)an institution of higher education;
(3)a Tribal College or University (as defined
in section 316 of the Higher Education Act of 1965); or
(4)a nonprofit
organization.
(c)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)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 administratorsAn 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 orientationAn
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.
.
5.Native American
student support
(a)Standards-Based
assessmentsSection 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 assessmentsNotwithstanding 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).
.
(b)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.
(c)The
Comptroller General of the United States shall conduct research on culture- and
language-based education to identify the factors that improve education and
health outcomes.
(d)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)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 certificationEach State educational agency
receiving assistance under this part shall develop an alternative licensure or
certification for teachers of a Native
language.
.
(e)Grant program To ensure the survival and
continuing vitality of native american languages
(1)In
this subsection:
(A)The
term Director means the Director of the Bureau of Indian
Education.
(B)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)).
(C)The
term Secretary means the Secretary of the Interior, acting through
the Director.
(2)Establishment
of grant programThe 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.
(3)
(A)An eligible entity may use amounts received under this
subsection to carry out activities that ensure the survival and continuing
vitality of Native American languages, including—
(i)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;
(ii)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;
(iii)the
development, printing, and dissemination of materials to be used for the
teaching and enhancement of a Native American language;
(iv)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;
(v)the
compilation, transcription, and analysis of oral testimony to record and
preserve a Native American language;
(vi)the purchase of
equipment, including audio and video recording equipment, computers, and
software, required to carry out a Native American language project; and
(vii)(I)the establishment of
Native American language nests, which are site-based educational programs
that—
- (aa)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;
- (bb)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
- (cc)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—
- (aa)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;
- (bb)develop instructional courses and
materials for learning Native American languages and for instruction through
the use of Native American languages;
- (cc)provide for teacher training;
- (dd)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
- (ee)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—
- (aa)operate at least 1 Native American
language program for the community which the educational program serves;
- (bb)provide training programs for
teachers of Native American languages;
- (cc)develop instructional materials for
the Native American language restoration programs;
- (dd)work toward a goal of increasing
proficiency and fluency in at least 1 Native American language; and
- (ee)provide instruction in at least 1
Native American language.
(B)Native American
language restoration programsAn eligible entity carrying out a
program described in subparagraph (A)(vii)(III) may use amounts made available
under this section to carry out—
(i)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 institutions of
higher education with expertise in the relevant Native language, particularly
Tribal Colleges and Universities (as defined in section 316 of the Higher
Education Act of 1965 (20 U.S.C. 1059c));
(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;
(ii)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;
(III)training
programs for teachers in the use of Native American language materials, tools,
and interactive media to teach Native American language; and
(iii)the development
of Native American language materials, including books, audio and visual tools,
and interactive media programs.
(4)
(A)Subject to subparagraph (B), in awarding a grant under
this subsection, 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.
(B)An
application under subparagraph (A) shall include, at a minimum—
(i)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;
(ii)a
detailed description of the project for which the grant is requested;
(iii)a
statement that the objectives of the project are in accordance with the
purposes of this subsection;
(iv)a
detailed description of the plan of the applicant to evaluate the
project;
(v)if
appropriate, an identification of opportunities for the replication or
modification of the project for use by other Native Americans;
(vi)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
(vii)in the case of
an application for a grant to carry out any purpose specified in paragraph
(3)(A)(vii)(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.
(C)Participating organizationsIf 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.
(5)
(A)The Federal share of the total cost of a program under this
subsection shall not exceed 80 percent.
(B)
(i)The non-Federal share of the cost of a program under this
subsection may be provided in cash or fairly evaluated in-kind contributions,
including facilities, equipment, or services.
(ii)Source of
non-Federal shareThe 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—
- (aa)by
the Federal Government pursuant to the satisfaction of a claim made under
Federal law;
- (bb)from
amounts collected and administered by the Federal Government on behalf of an
Indian tribe or the members of an Indian tribe; or
- (cc)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.
(C)
(i)Subject to clause (ii), the Secretary may make grants
made under this subsection on a 1-year, 2-year, or 3-year basis.
(ii)Native
American language restoration programThe Secretary shall only
make a grant available under paragraph (3)(A)(vii)(III) on a 3-year
basis.
(6)
(A)The Secretary shall carry out this section through the
Bureau of Indian Education.
(B)
(i)Not later than 180 days after date of enactment of this
subsection, the Secretary shall appoint a panel of experts for the purpose of
assisting the Secretary to review—
(I)applications
submitted under paragraph (4);
(II)evaluations
carried out to comply with paragraph (4)(B)(iii); and
(III)the
preservation of products required by paragraph (4)(B)(vi).
(ii)
(I)The panel shall include—
- (aa)a
designee of the Institute of American Indian and Alaska Native Culture and Arts
Development;
- (bb)representatives
of national, tribal, and regional organizations that focus on Native American
language or Native American cultural research, development, or training;
and
- (cc)other
individuals who are recognized as experts in the area of Native American
language.
(II)Recommendations
for appointments to the panel shall be solicited from Indian tribes and tribal
organizations.
(iii)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 subsection;
(II)reviewing
applications received under paragraph (4);
(III)providing to
the Secretary a list of recommendations for the approval of applications in
accordance with—
- (aa)regulations
issued by the Secretary; and
- (bb)the
relative need for the project; and
(IV)reviewing
evaluations submitted to comply with paragraph (4)(B)(iii).
(C)Products
generated by projects
(i)Subject to clause (ii), 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 subsection—
(I)shall be
transmitted—
- (aa)to
the Institute of American Indian and Alaska Native Culture and Arts
Development; and
- (bb)to
the Tribal Colleges or Universities where the language addressed in the grant
program is inherent; and
(II)may be
transmitted, at the discretion of the grantee, to national and regional
repositories of similar material.
(ii)
(I)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 subclause (II), an Indian tribe
may make a determination—
- (aa)not
to transmit a copy of a product under clause (i);
- (bb)not
to permit the redistribution of a copy of a product transmitted under clause
(i); or
- (cc)to
restrict in any manner the use or redistribution of a copy of a product
transmitted under clause (i).
(II)Subclause
(I) does not authorize an Indian tribe—
- (aa)to
limit the access of the Secretary to a product described in clause (i) for
purposes of administering this subsection or evaluating the product; or
- (bb)to
sell a product described in clause (i), or a copy of that product, for profit
to the entities referred to in clause (i).
(7)Authorization of
appropriationsThere are
authorized to be appropriated to carry out this subsection such sums as are
necessary for each of fiscal years 2013 through 2018.
(f)
(1)Section 803C of the Native American Programs Act of 1974
(42 U.S.C. 2991b–3) is repealed.
(2)Authorization
of appropriationsSection 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).
6.Increased access
to resources for tribal schools, schools served by the Bureau of Indian
Education, and Native American students
(a)Reservation for
Bureau-Funded Schools and Programs and Schools Operated by a Tribe or Tribal
Organization
(1)The Secretary of Education shall ensure that any program
administered by the Department of Education that awards grants, contracts, or
other assistance to benefit elementary schools and secondary schools (as such
terms are defined in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)) or prekindergarten or early childhood programs,
provides a reservation, as described in this subsection, for 1 or more of the
following categories of entities, as determined appropriate by the Secretary of
Education for each such grant, contract, or assistance program:
(A)Bureau-funded
schools (as defined in section 1141 of the Education Amendments of 1978 (25
U.S.C. 2021)).
(B)Prekindergarten
programs or early childhood programs or services operated by a tribe or Indian
organization (as defined in such section).
(C)Elementary
schools or secondary schools operated by a tribe or Indian organization (as
defined in such section).
(2)
(A)Existing
Reservation of FundsIn the case of a grant, contract, or
assistance program provided by the Department of Education to benefit
elementary schools and secondary schools (as such terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or
prekindergarten or early childhood programs for which funds are reserved for
entities described in paragraph (1), or for a group that may include such
entities—
(i)if
the existing reservation of funds is for an amount that is less than 0.5
percent, the amount of such reservation shall be increased to 0.5 percent;
and
(ii)if
the existing reservation of funds is for an amount that is equal to or greater
than 0.5 percent, the amount of such reservation shall be maintained.
(B)No Existing
Reservation of FundsIn the case of a grant, contract, or
assistance program provided by the Department of Education to benefit
elementary schools and secondary schools (as such terms are defined in section
9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or
prekindergarten or early childhood programs for which no funds are reserved for
the entities described in paragraph (1), the Secretary of Education shall
reserve 0.5 percent of such funds for such entities, as determined by the
Secretary of Education in accordance with paragraph (1).
(3)Funds reserved under this section shall be used in
accordance with the uses of funds described for each particular grant,
contract, or assistance program. In addition to program support, such reserved
funds may be used, in an amount determined by the Secretary of Education, for
technical assistance or capacity building to ensure that the schools or
programs described in paragraph (1) are provided the assistance to compete for
such grants, contracts, or other assistance.
(4)The Secretary of Education shall carry out this subsection
notwithstanding any other provision of law.
(b)Safe and
healthy schools for Native American studentsSubpart 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:
4131.Safe and
healthy schools for Native American studentsFrom 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.
.
7.In addition to amounts
otherwise appropriated to carry out title VIII of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7701 et seq.), there are authorized to be
appropriated, and there are appropriated, out of any money in the Treasury not
otherwise appropriated, to carry out such title VIII the following:
(1)$750,000,000 for
fiscal year 2012.
(2)$750,000,000 for
fiscal year 2013.
(3)$750,000,000 for
fiscal year 2014.
8.Definition of
Tribal School
(a)Section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801) is amended by adding at the end the
following:
(44)The term tribal school means—
(A)a school that is
a Bureau-funded school, as defined in section 1141 of the Education Amendments
of 1978 (25 U.S.C. 2021);
(B)a prekindergarten
program, early childhood program or service, or elementary school or secondary
school, operated by an Indian tribe or tribal organization (as defined in
section 4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b));
(C)a school that is
located on Indian lands (as defined in section 8013); or
(D)a school in which
a predominance of the students who attend the school are Native American or
Alaska Native students, as determined by the
Secretary.
.
(b)In this Act, the term tribal school has the
meaning given the term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801) (as amended by subsection (a)).