[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1107 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1107

 To amend the Elementary and Secondary Education Act of 1965 regarding 
                       Native Hawaiian education.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2013

  Ms. Hirono (for herself, Mr. Schatz, Ms. Murkowski, and Mr. Begich) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Elementary and Secondary Education Act of 1965 regarding 
                       Native Hawaiian education.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Hawaiian Education Act''.

SEC. 2. FINDINGS.

    Section 7202 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7512) is amended to read as follows:

``SEC. 7202. FINDINGS.

    ``Congress finds the following:
            ``(1) Native Hawaiians are a distinct and unique indigenous 
        people with a historical continuity to the original inhabitants 
        of the Hawaiian archipelago, whose society was organized as a 
        nation and internationally recognized as a nation by the United 
        States, the United Kingdom, France, and Japan, as evidenced by 
        treaties governing friendship, commerce, and navigation.
            ``(2) The United States has recognized and reaffirmed 
        that--
                    ``(A) Native Hawaiians have a cultural, historic, 
                and land-based link to the indigenous people who 
                exercised sovereignty over the Hawaiian Islands, and 
                that group has never relinquished its claims to 
                sovereignty or its sovereign lands;
                    ``(B) the United States furnishes services to 
                Native Hawaiians because of their unique status as the 
                indigenous people of a once sovereign nation with whom 
                the United States has established a trust relationship;
                    ``(C) Congress has also delegated broad authority 
                to administer a portion of the Federal trust 
                responsibility to the State of Hawaii;
                    ``(D) the political status of Native Hawaiians is 
                comparable to that of American Indians and Alaska 
                Natives; and
                    ``(E) the aboriginal, indigenous people of the 
                United States have--
                            ``(i) a continuing right to autonomy in 
                        their internal affairs; and
                            ``(ii) an ongoing right of self-
                        determination and self-governance that has 
                        never been extinguished.
            ``(3) The political relationship between the United States 
        and the Native Hawaiian people has been recognized and 
        reaffirmed by the United States, as evidenced by the inclusion 
        of Native Hawaiians in--
                    ``(A) the Native American Programs Act of 1974 (42 
                U.S.C. 2991 et seq.);
                    ``(B) Public Law 95-341 (commonly known as the 
                `American Indian Religious Freedom Act' (42 U.S.C. 
                1996));
                    ``(C) the National Museum of the American Indian 
                Act (20 U.S.C. 80q et seq.);
                    ``(D) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    ``(E) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    ``(F) the Native American Languages Act (25 U.S.C. 
                2901 et seq.);
                    ``(G) the American Indian, Alaska Native, and 
                Native Hawaiian Culture and Art Development Act (20 
                U.S.C. 4401 et seq.);
                    ``(H) the Workforce Investment Act of 1998 (29 
                U.S.C. 2801 et seq.); and
                    ``(I) the Older Americans Act of 1965 (42 U.S.C. 
                3001 et seq.).
            ``(4) In 1993, 2005, and 2009, the Kamehameha Schools 
        Bishop Estate released the findings of the Native Hawaiian 
        Educational Assessment Project, which found that despite the 
        successes of the programs established under title IV of the 
        Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary 
        School Improvement Amendments of 1988, many of the same 
        educational needs still existed for Native Hawaiians. 
        Subsequent reports by the Kamehameha Schools Bishop Estate and 
        other organizations have generally confirmed those findings. 
        For example--
                    ``(A) Native Hawaiian students continue to begin 
                their school experience lagging behind other students 
                in terms of readiness factors such as vocabulary test 
                scores;
                    ``(B) Native Hawaiian students continue to score 
                below national norms on standardized education 
                achievement tests at all grade levels;
                    ``(C) both public and private schools continue to 
                show a pattern of lower percentages of Native Hawaiian 
                students in the uppermost achievement levels and in 
                gifted and talented programs;
                    ``(D) Native Hawaiian students continue to be 
                overrepresented among students qualifying for special 
                education programs provided to students with learning 
                disabilities, mild mental retardation, emotional 
                impairment, and other such disabilities;
                    ``(E) Native Hawaiians continue to be 
                underrepresented in institutions of higher education 
                and among adults who have completed four or more years 
                of college; and
                    ``(F) Native Hawaiians continue to be 
                disproportionately represented in many negative social 
                and physical statistics indicative of special 
                educational needs.
            ``(5) The number of Native Hawaiian students served by the 
        State of Hawaii Department of Education has risen from 20 
        percent in 1980 to 26 percent in 2008, and there are, and will 
        continue to be, geographically rural, isolated areas with a 
        high Native Hawaiian population density.
            ``(6) Despite the consequences of more than 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory and their cultural 
        identity, in accordance with their own spiritual and 
        traditional beliefs, customs, practices, language, and social 
        institutions.
            ``(7) The State of Hawaii, in the constitution and statutes 
        of the State of Hawaii--
                    ``(A) reaffirms and protects the unique right of 
                the Native Hawaiian people to practice and perpetuate 
                their culture and religious customs, beliefs, 
                practices, and language;
                    ``(B) recognizes the traditional language of the 
                Native Hawaiian people as an official language of the 
                State of Hawaii, which may be used as the language of 
                instruction for all subjects and grades in the public 
                school system; and
                    ``(C) promotes the study of the Hawaiian culture, 
                language, and history by providing a Hawaiian education 
                program and using community expertise as a suitable and 
                essential means to further the program.''.

SEC. 3. PURPOSES.

    Section 7203 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7513) is amended to read as follows:

``SEC. 7203. PURPOSES.

    ``The purposes of this part are--
            ``(1) to authorize, develop, implement, assess, and 
        evaluate innovative educational programs, Native Hawaiian 
        language medium programs, Native Hawaiian culture-based 
        education programs, and other education programs to improve the 
        academic achievement of Native Hawaiian students by meeting 
        their unique cultural and language needs in order to help such 
        students meet challenging State student academic achievement 
        standards;
            ``(2) to provide guidance to appropriate Federal, State, 
        and local agencies to more effectively and efficiently focus 
        resources, including resources made available under this part, 
        on the development and implementation of--
                    ``(A) innovative educational programs for Native 
                Hawaiians;
                    ``(B) rigorous and substantive Native Hawaiian 
                language programs; and
                    ``(C) Native Hawaiian culture-based educational 
                programs; and
            ``(3) to create a system by which information from programs 
        funded under this part will be collected, analyzed, evaluated, 
        reported, and used in decisionmaking activities regarding the 
        types of grants awarded under this part.''.

SEC. 4. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

    Section 7204 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7514) is amended to read as follows:

``SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.

    ``(a) Grant Authorized.--In order to better effectuate the purposes 
of this part through the coordination of educational and related 
services and programs available to Native Hawaiians, including those 
programs that receive funding under this part, the Secretary shall 
award a grant to an education council, as described under subsection 
(b).
    ``(b) Education Council.--
            ``(1) Eligibility.--To be eligible to receive the grant 
        under subsection (a), the council shall be an education council 
        (referred to in this section as the `Education Council') that 
        meets the requirements of this subsection.
            ``(2) Composition.--The Education Council shall consist of 
        15 members of whom--
                    ``(A) 1 shall be the President of the University of 
                Hawaii (or a designee);
                    ``(B) 1 shall be the Governor of the State of 
                Hawaii (or a designee);
                    ``(C) 1 shall be the Superintendent of the State of 
                Hawaii Department of Education (or a designee);
                    ``(D) 1 shall be the chairperson of the Office of 
                Hawaiian Affairs (or a designee);
                    ``(E) 1 shall be the executive director of Hawaii's 
                Charter School Network (or a designee);
                    ``(F) 1 shall be the chief executive officer of the 
                Kamehameha Schools (or a designee);
                    ``(G) 1 shall be the Chief Executive Officer of the 
                Queen Liliuokalani Trust (or a designee);
                    ``(H) 1 shall be a member, selected by the other 
                members of the Education Council, who represents a 
                private grant-making entity;
                    ``(I) 1 shall be the Mayor of the County of Hawaii 
                (or a designee);
                    ``(J) 1 shall be the Mayor of Maui County (or a 
                designee from the Island of Maui);
                    ``(K) 1 shall be the Mayor of the County of Kauai 
                (or a designee);
                    ``(L) 1 shall be appointed by the Mayor of Maui 
                County from the Island of either Molokai or Lanai;
                    ``(M) 1 shall be the Mayor of the City and County 
                of Honolulu (or a designee);
                    ``(N) 1 shall be the chairperson of the Hawaiian 
                Homes Commission (or a designee); and
                    ``(O) 1 shall be the chairperson of the Hawaii 
                Workforce Development Council (or a designee 
                representing the private sector).
            ``(3) Requirements.--Any designee serving on the Education 
        Council shall demonstrate, as determined by the individual who 
        appointed such designee with input from the Native Hawaiian 
        community, not less than 5 years of experience as a consumer or 
        provider of Native Hawaiian education or cultural activities, 
        with traditional cultural experience given due consideration.
            ``(4) Limitation.--A member (including a designee), while 
        serving on the Education Council, shall not be a recipient of 
        grant funds that are awarded under this part.
            ``(5) Term of members.--A member who is a designee shall 
        serve for a term of not more than 4 years.
            ``(6) Chair, vice chair.--
                    ``(A) Selection.--The Education Council shall 
                select a Chair and a Vice Chair from among the members 
                of the Education Council.
                    ``(B) Term limits.--The Chair and Vice Chair shall 
                each serve for a 2-year term.
            ``(7) Administrative provisions relating to education 
        council.--The Education Council shall meet at the call of the 
        Chair of the Council, or upon request by a majority of the 
        members of the Education Council, but in any event not less 
        often than every 120 days.
            ``(8) No compensation.--None of the funds made available 
        through the grant may be used to provide compensation to any 
        member of the Education Council or member of a working group 
        established by the Education Council, for functions described 
        in this section.
    ``(c) Use of Funds for Coordination Activities.--The Education 
Council shall use funds made available through the grant to carry out 
each of the following activities:
            ``(1) Providing advice about the coordination, and serving 
        as a clearinghouse for, the educational and related services 
        and programs available to Native Hawaiians, including the 
        programs assisted under this part.
            ``(2) Assessing the extent to which such services and 
        programs meet the needs of Native Hawaiians, and collecting 
        data on the status of Native Hawaiian education.
            ``(3) Providing direction and guidance, through the 
        issuance of reports and recommendations, to appropriate 
        Federal, State, and local agencies in order to focus and 
        improve the use of resources, including resources made 
        available under this part, relating to Native Hawaiian 
        education, and serving, where appropriate, in an advisory 
        capacity.
            ``(4) Awarding grants, if such grants enable the Education 
        Council to carry out the activities described in paragraphs (1) 
        through (3).
            ``(5) Hiring an executive director who shall assist in 
        executing the duties and powers of the Education Council, as 
        described in subsection (d).
    ``(d) Use of Funds for Technical Assistance.--The Education Council 
shall use funds made available through the grant to--
            ``(1) provide technical assistance to Native Hawaiian 
        organizations that are grantees or potential grantees under 
        this part;
            ``(2) obtain from such grantees information and data 
        regarding grants awarded under this part, including information 
        and data about--
                    ``(A) the effectiveness of such grantees in meeting 
                the educational priorities established by the Education 
                Council, as described in paragraph (6)(D), using 
                metrics related to these priorities; and
                    ``(B) the effectiveness of such grantees in 
                carrying out any of the activities described in section 
                7205(c) that are related to the specific goals and 
                purposes of each grantee's grant project, using metrics 
                related to these priorities;
            ``(3) assess and define the educational needs of Native 
        Hawaiians;
            ``(4) assess the programs and services available to address 
        the educational needs of Native Hawaiians;
            ``(5) assess and evaluate the individual and aggregate 
        impact achieved by grantees under this part in improving Native 
        Hawaiian educational performance and meeting the goals of this 
        part, using metrics related to these goals; and
            ``(6) prepare and submit to the Secretary, at the end of 
        each calendar year, an annual report that contains--
                    ``(A) a description of the activities of the 
                Education Council during the calendar year;
                    ``(B) a description of significant barriers to 
                achieving the goals of this part;
                    ``(C) a summary of each community consultation 
                session described in subsection (e); and
                    ``(D) recommendations to establish priorities for 
                funding under this part, based on an assessment of--
                            ``(i) the educational needs of Native 
                        Hawaiians;
                            ``(ii) programs and services available to 
                        address such needs;
                            ``(iii) the effectiveness of programs in 
                        improving the educational performance of Native 
                        Hawaiian students to help such students meet 
                        challenging State student academic achievement 
                        standards; and
                            ``(iv) priorities for funding in specific 
                        geographic communities.
    ``(e) Use of Funds for Community Consultations.--The Education 
Council shall use funds made available though the grant under 
subsection (a) to hold not less than 1 community consultation each year 
on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 
Kauai, at which--
            ``(1) not less than 3 members of the Education Council 
        shall be in attendance;
            ``(2) the Education Council shall gather community input 
        regarding--
                    ``(A) current grantees under this part, as of the 
                date of the consultation;
                    ``(B) priorities and needs of Native Hawaiians; and
                    ``(C) other Native Hawaiian education issues; and
            ``(3) the Education Council shall report to the community 
        on the outcomes of the activities supported by grants awarded 
        under this part.
    ``(f) Funding.--For each fiscal year, the Secretary shall use the 
amount described in section 7206(d)(2), to make a payment under the 
grant. Funds made available through the grant shall remain available 
until expended.
    ``(g) Report.--Beginning not later than 2 years after the date of 
enactment of the Native Hawaiian Education Act, and for each subsequent 
year, the Secretary shall prepare and submit to the Committee on 
Education and the Workforce of the House of Representatives, and the 
Committee on Indian Affairs and the Committee on Health, Education, 
Labor, and Pensions of the Senate, a report that--
            ``(1) summarizes the annual reports of the Education 
        Council;
            ``(2) describes the allocation and use of funds under this 
        part and the information gathered since the first annual report 
        submitted by the Education Council to the Secretary under this 
        section; and
            ``(3) contains recommendations for changes in Federal, 
        State, and local policy to advance the purposes of this 
        part.''.

SEC. 5. GRANT PROGRAM AUTHORIZED.

    Section 7205 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7515 et seq.) is amended to read as follows:

``SEC. 7205. GRANT PROGRAM AUTHORIZED.

    ``(a) Grants and Contracts.--In order to carry out programs that 
meet the purposes of this part, the Secretary is authorized to award 
grants to, or enter into contracts with--
            ``(1) Native Hawaiian educational organizations;
            ``(2) Native Hawaiian community-based organizations;
            ``(3) public and private nonprofit organizations, agencies, 
        and institutions with experience in developing or operating 
        Native Hawaiian education and workforce development programs or 
        programs of instruction in the Native Hawaiian language;
            ``(4) charter schools; and
            ``(5) consortia of the organizations, agencies, and 
        institutions described in paragraphs (1) through (4).
    ``(b) Priority.--In awarding grants and entering into contracts 
under this part, the Secretary shall give priority to--
            ``(1) programs that meet the educational priority 
        recommendations of the Education Council, as described under 
        section 7204(d)(6)(E);
            ``(2) the repair and renovation of public schools that 
        serve high concentrations of Native Hawaiian students;
            ``(3) programs designed to improve the academic achievement 
        of Native Hawaiian students by meeting their unique cultural 
        and language needs in order to help such students meet 
        challenging State student academic achievement standards, 
        including activities relating to--
                    ``(A) achieving competence in reading, literacy, 
                mathematics, and science for students in preschool 
                through grade 3;
                    ``(B) the educational needs of at-risk children and 
                youth;
                    ``(C) professional development for teachers and 
                administrators;
                    ``(D) the use of Native Hawaiian language and 
                preservation or reclamation of Native Hawaiian culture-
                based educational practices;
                    ``(E) preparation for employment in fields in which 
                Native Hawaiians are underemployed or underrepresented; 
                and
                    ``(F) other programs relating to the activities 
                described in this part; and
            ``(4) programs in which a State educational agency, local 
        educational agency, institution of higher education, or a State 
        educational agency or local educational agency in partnership 
        with an institution of higher education apply for a grant or 
        contract under this part as part of a partnership or 
        consortium.
    ``(c) Authorized Activities.--Activities provided through programs 
carried out under this part may include--
            ``(1) the development and maintenance of a statewide Native 
        Hawaiian early education and care system to provide a continuum 
        of high-quality early learning services for Native Hawaiian 
        children from the prenatal period through the age of 
        kindergarten entry;
            ``(2) the operation of family-based education centers that 
        provide such services as--
                    ``(A) programs for Native Hawaiian parents and 
                infants from the prenatal period through age 3;
                    ``(B) early care and education programs for Native 
                Hawaiians; and
                    ``(C) research on, and development and assessment 
                of, family-based, early childhood, and preschool 
                programs for Native Hawaiians;
            ``(3) activities that enhance beginning reading and 
        literacy in either the Hawaiian or the English language among 
        Native Hawaiian students in kindergarten through grade 3 and 
        assistance in addressing the distinct features of combined 
        English and Hawaiian literacy for Hawaiian speakers in grades 5 
        and 6;
            ``(4) activities to meet the special needs of Native 
        Hawaiian students with disabilities, including--
                    ``(A) the identification of such students and their 
                needs;
                    ``(B) the provision of support services to the 
                families of such students; and
                    ``(C) other activities consistent with the 
                requirements of the Individuals with Disabilities 
                Education Act;
            ``(5) activities that address the special needs of Native 
        Hawaiian students who are gifted and talented, including--
                    ``(A) educational, psychological, and developmental 
                activities designed to assist in the educational 
                progress of such students; and
                    ``(B) activities that involve the parents of such 
                students in a manner designed to assist in the 
                educational progress of such students;
            ``(6) the development of academic and vocational curricula 
        to address the needs of Native Hawaiian children and adults, 
        including curricula materials in the Hawaiian language and 
        mathematics and science curricula that incorporate Native 
        Hawaiian tradition and culture;
            ``(7) professional development activities for educators, 
        including--
                    ``(A) the development of programs to prepare 
                prospective teachers to address the unique needs of 
                Native Hawaiian students within the context of Native 
                Hawaiian culture, language, and traditions;
                    ``(B) in-service programs to improve the ability of 
                teachers who teach in schools with high concentrations 
                of Native Hawaiian students to meet the unique needs of 
                such students; and
                    ``(C) the recruitment and preparation of Native 
                Hawaiians, and other individuals who live in 
                communities with a high concentration of Native 
                Hawaiians, to become teachers;
            ``(8) the operation of community-based learning centers 
        that address the needs of Native Hawaiian families and 
        communities through the coordination of public and private 
        programs and services, including--
                    ``(A) early care and education programs;
                    ``(B) before- and after-school programs and weekend 
                academies;
                    ``(C) career and technical and adult education 
                programs; and
                    ``(D) programs that recognize and support the 
                unique cultural and educational needs of Native 
                Hawaiian children, and incorporate appropriately 
                qualified Native Hawaiian elders and seniors;
            ``(9) activities, including program co-location, to enable 
        Native Hawaiians to enter and complete programs of 
        postsecondary education, including--
                    ``(A) subject to subsection (f), the provision of 
                full or partial scholarships for undergraduate or 
                graduate study that are awarded to students based on 
                their academic promise and financial need, with a 
                priority, at the graduate level, given to students 
                entering professions in which Native Hawaiians are 
                underrepresented;
                    ``(B) family literacy services;
                    ``(C) counseling and support services for students 
                receiving scholarship assistance;
                    ``(D) counseling and guidance for Native Hawaiian 
                secondary school students who have the potential to 
                receive scholarships;
                    ``(E) assistance with completing the college 
                admissions and financial aid application processes; and
                    ``(F) faculty development activities designed to 
                promote the matriculation of Native Hawaiian students;
            ``(10) research and data collection activities to determine 
        the educational status and needs of Native Hawaiian children 
        and adults;
            ``(11) other research and evaluation activities related to 
        programs carried out under this part; and
            ``(12) other activities, consistent with the purposes of 
        this part, to meet the educational needs of Native Hawaiian 
        children and adults.
    ``(d) Additional Activities.--Notwithstanding any other provision 
of this part, funds made available to carry out this section as of the 
day before the date of enactment of the Native Hawaiian Education Act 
shall remain available until expended. The Secretary shall use such 
funds to support the following:
            ``(1) The development of a body of Native Hawaiian law.
            ``(2) The repair and renovation of public schools that 
        serve high concentrations of Native Hawaiian students.
            ``(3) The perpetuation of, and expansion of access to, 
        Hawaiian culture and history through digital archives.
            ``(4) Informal education programs that connect traditional 
        Hawaiian knowledge, science, astronomy, and the environment 
        through State museums or learning centers.
            ``(5) Public charter schools serving high concentrations of 
        Native Hawaiian students.
    ``(e) Administrative Costs.--
            ``(1) In general.--Except as provided in paragraph (2), not 
        more than 5 percent of funds provided to a recipient of a grant 
        or contract under this section for any fiscal year may be used 
        for administrative purposes.
            ``(2) Exception.--The Secretary may waive the requirement 
        of paragraph (1) for a nonprofit entity that receives funding 
        under this section and allow not more than 10 percent of funds 
        provided to such nonprofit entity under this section for any 
        fiscal year to be used for administrative purposes.
    ``(f) Scholarship Rule and Conditions.--
            ``(1) Institutions outside hawaii.--The Secretary shall not 
        establish a policy under this section that prevents a Native 
        Hawaiian student enrolled at a 2- or 4-year degree-granting 
        institution of higher education outside of the State of Hawaii 
        from receiving a scholarship pursuant to subsection (c)(9)(A).
            ``(2) Scholarship conditions.--The Secretary shall 
        establish conditions for receipt of a scholarship awarded under 
        subsection (c)(9)(A). The conditions shall require that an 
        individual seeking such a scholarship enter into a contract to 
        provide professional services to the Native Hawaiian community, 
        either during the scholarship period or upon completion of a 
        program of postsecondary education.''.

SEC. 6. ADMINISTRATIVE PROVISIONS; AUTHORIZATION OF APPROPRIATIONS.

    Section 7206 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7516) is amended to read as follows:

``SEC. 7206. ADMINISTRATIVE PROVISIONS.

    ``(a) Application Required.--No grant may be made under this part, 
and no contract may be entered into under this part, unless the entity 
seeking the grant or contract submits an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may determine to be necessary to carry out the provisions of 
this part.
    ``(b) Direct Grant Applications.--The Secretary shall provide a 
copy of all direct grant applications to the Education Council.
    ``(c) Supplement Not Supplant.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds made available under this part shall be used to 
        supplement, and not supplant, any State or local funds used to 
        achieve the purposes of this part.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        nonprofit entity or Native Hawaiian community-based 
        organization that receives a grant or other funds under this 
        part.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section, and sections 7204 and 7205, such 
        sums as may be necessary for fiscal year 2014 and each of the 5 
        succeeding fiscal years.
            ``(2) Reservation.--Of the funds appropriated under this 
        subsection, the Secretary shall reserve, for each fiscal year 
        after the date of enactment of the Native Hawaiian Education 
        Act not less than $500,000 for the grant to the Education 
        Council under section 7204.
            ``(3) Availability.--Funds appropriated under this 
        subsection shall remain available until expended.''.

SEC. 7. DEFINITIONS.

    Section 7207 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7517) is amended--
            (1) by redesignating paragraphs (1) through (6) as 
        paragraphs (2) through (7), respectively; and
            (2) by inserting before paragraph (2) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Community consultation.--The term `community 
        consultation' means a public gathering--
                    ``(A) to discuss Native Hawaiian education 
                concerns; and
                    ``(B) about which the public has been given not 
                less than 30 days notice.''.
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