[Congressional Record Volume 157, Number 91 (Thursday, June 23, 2011)]
[Senate]
[Pages S4077-S4096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. AKAKA (for himself, Mr. Johnson of South Dakota, and Mr.
Inouye):
S. 1262. A bill to improve Indian education, and for other purposes;
to the Committee on Indian Affairs.
Mr. AKAKA. Mr. President, I rise today to introduce the Native
culture, language, and access for success in schools bill, Native
CLASS.
As a former educator, I understand the critical role of education,
not just to the life of a young person, but also to the future of a
culture and a community. For too long, the Native people of this
country have lived with a substandard education system that lacks
cultural relevance and is burdened with administrative challenges and
severe underfunding.
Three major reports by the Federal Government on Native education
since 1928 have demonstrated little, if any, improvement in the
education of Native people in the past 80 years. This ailing system has
resulted in some of the worst education outcomes in the country. On
average, in the States with the highest Native populations, the
graduation rates for Native students are lower than the graduation
rates for all other racial/ethnic groups, hovering well below 50
percent. We can no longer tolerate this, especially because our Federal
Government has a unique trust
[[Page S4078]]
obligation to provide a quality education to its Native people.
Native languages and cultures are the roots of all Native peoples,
and to oki, to cut those roots is to inherently harm the Native
peoples. The comprehensive legislation I am introducing today puts
forward a new vision of Native education, one that is grounded in
culture, language, and local community control. The bill provides for
many new access opportunities for tribes to be partners in their own
education systems and paves the way for innovative language and
culture-based instruction programs. Additionally, it provides much
stronger accountability by agencies to native communities for the
administration of their children's education. The provisions of this
bill are the result of consultation and input with a wide range of
American Indian, Alaska Native and Native Hawaiian stakeholders.
The introduction of this bill is only the beginning of a dialogue
about this new vision of Native education. We will continue to work
with our Native stakeholders to improve this bill and ensure that it
builds strong roots and meets the unique needs of all our native
students.
I thank Mr. Johnson and Mr. Inouye for sponsoring this bill. I urge
my other colleagues to join me in supporting the passage of this
legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1262
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)--
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(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--
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``(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
[[Page S4081]]
``(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'';
[[Page S4082]]
(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;
[[Page S4083]]
``(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,
[[Page S4084]]
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,'';
(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
[[Page S4085]]
``(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--
[[Page S4086]]
(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'';
(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.
[[Page S4087]]
``(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
[[Page S4088]]
(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;
(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 follow
``(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 (6) (as redesignated by subparagraph (A));
(F) in paragraph (10) (as redesignated by subparagraph
(A)), by striking ``, consistent with State standards''; and
(G) 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; and
(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
[[Page S4089]]
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 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.
``(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
[[Page S4090]]
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.
[[Page S4091]]
``(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
[[Page S4092]]
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; and
``(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.--
[[Page S4093]]
``(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), 1 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
[[Page S4094]]
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;
(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
[[Page S4095]]
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
[[Page S4096]]
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.
______