[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 464 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 464
To amend the Elementary and Secondary Education Act of 1965 regarding
Native Hawaiian education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2015
Ms. Hirono (for herself, Mr. Schatz, and Ms. Murkowski) 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
Reauthorization Act of 2015''.
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 Innovation and Opportunity Act
(Public Law 113-128); and
``(I) the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.).
``(4) In 1993, 2005, 2009, and 2014, 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 found--
``(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 the State average and national norms on
standardized education achievement tests at all grade
levels, despite gradually increasing Native Hawaiian
achievement scores and a narrowing of gaps between
Native Hawaiian and non-Native Hawaiian students;
``(C) lower percentages of Native Hawaiian students
are represented 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;
``(E) Native Hawaiians continue to be
underrepresented in institutions of higher education
and among adults who have completed 4 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, such as student absence rates and
family poverty rates.
``(5) The number of Native Hawaiian students served by the
State of Hawaii Department of Education has risen from 20
percent in 1980 to 28 percent in 2011, 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 Reauthorization Act of 2015,
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) 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)(D);
``(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 applies 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
Reauthorization Act of 2015 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) 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.
``(2) 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).''.
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 2016 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
Reauthorization Act of 2015 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.''.
<all>