[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9973 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9973
To improve the Indian School Equalization Formula and Indian School
Equalization Program of the Bureau of Indian Education, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2026
Ms. Stansbury introduced the following bill; which was referred to the
Committee on Education and Workforce
_______________________________________________________________________
A BILL
To improve the Indian School Equalization Formula and Indian School
Equalization Program of the Bureau of 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.
This Act may be cited as the ``Indigenous Students Excel through
Parity Act of 2026 (II)''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Indian Affairs.
(2) Indian school equalization formula.--The term ``Indian
School Equalization Formula'' means the Indian School
Equalization Formula described in subparts B and C of part 39
of title 25, Code of Federal Regulations (or successor
regulations).
(3) Indian school equalization program.--The term ``Indian
School Equalization Program'' means the Indian School
Equalization Program described in part 39 of title 25, Code of
Federal Regulations (or successor regulations).
(4) Indian tribe.--The term ``Indian Tribe'' means any
Indian or Alaska Native Tribe, band, nation, pueblo, village,
or other community included on the list published by the
Secretary pursuant to section 104 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. INDIAN SCHOOL EQUALIZATION FORMULA.
(a) Update.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and in accordance with paragraph (3),
the Secretary, in coordination with the Assistant Secretary and
the Director of the Bureau of Indian Education, shall update
the Indian School Equalization Formula, including by completing
the process of developing alternative methods for the equitable
distribution of the Indian School Equalization Formula, with
consideration given to the factors described in paragraph (2).
(2) Factors described.--The factors referred to in
paragraph (1), are the following:
(A) Ensuring that the Indian School Equalization
Formula provides sufficient funding to adequately fund
schools operated by the Bureau of Indian Education.
(B) Average State-by-State salaries for school
teachers, principals, other leadership positions, and
all school staff at schools not operated by the Bureau
of Indian Education, with consideration given to
matching the highest quartile of those salaries.
(3) Requirements.--In updating the Indian School
Equalization Formula under paragraph (1), the Secretary shall--
(A) ensure the updated Indian School Equalization
Formula provides sufficient funding to fully support
salaries for all employees at a rate commensurate with
paragraph (2)(B);
(B) consider the weights or ratios related to--
(i) schools controlled by Indian Tribes;
(ii) schools with fewer than 100 students;
and
(iii) schools located in rural areas; and
(C) ensure that Havasupai Elementary School is
awarded an additional cost factor of 12.5 Weighted
Student Unit (as defined in section 39.2 of title 25,
Code of Federal Regulations (or successor
regulations)).
(b) Report.--The Secretary, in coordination with the Assistant
Secretary and the Director of the Bureau of Indian Education, and in
consultation with national organizations representing Indian Tribes and
students attending Bureau of Indian Education schools, shall submit to
Congress a report describing--
(1) the adequacy of the Indian School Equalization Formula
and the Indian School Equalization Program in fulfilling the
needs of Bureau of Indian Education schools and schools
controlled by Indian Tribes; and
(2) recommendations for increasing or modifying factors to
improve the Indian School Equalization Formula.
SEC. 4. ESTABLISHING PER-PUPIL PARITY FOR INDIAN STUDENTS.
(a) Authority To Request Funding.--Subject to subsection (b), not
later than the first fiscal year beginning after the date on which the
Indian School Equalization Formula is updated under section 4(a), and
every fiscal year thereafter, the Assistant Secretary shall ensure that
the budget of the United States submitted by the President under
section 1105 of title 31, United States Code, requests full funding for
the operation and maintenance of the Indian School Equalization
Program.
(b) Requirements.--In determining the amount necessary for full
funding for operation and maintenance for the Indian School
Equalization Program under subsection (a), the Assistant Secretary
shall--
(1) use the Indian School Equalization Formula updated
under section 4(a);
(2) consider and consult the most recent annual report to
Congress of the National Advisory Council on Indian Education;
(3) adjust the amount as necessary to reflect changes for
the 12-month period ending the preceding November 30 in the
Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor; and
(4) include, as fixed costs--
(A) funding increases to match the salary schedule
of the Department of Defense Education Activity; and
(B) pay increases for all non-teacher employees at
schools controlled by Indian Tribes at the same rate as
pay increases for Federal employees, as required
under--
(i) the Indian Self-Determination and
Education Act (25 U.S.C. 5301 et seq.); and
(ii) the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.).
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