[Senate Report 112-262]
[From the U.S. Government Publishing Office]
Calendar No. 574
112th Congress Report
SENATE
2d Session 112-262
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PROVIDING A COMPREHENSIVE FRAMEWORK TO IMPROVE NATIVE AMERICAN
EDUCATION--ONE THAT INCORPORATES A WIDE RANGE OF STRATEGIES TO
STRENGTHEN LANGUAGE AND CULTURE EDUCATION, LOCAL ACCESS AND CONTROL,
AND TEACHER TRAINING AND RECRUITMENT
_______
December 21, 2012.--Ordered to be printed
_______
Mr. Akaka, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 1262]
The Committee on Indian Affairs, to which was referred the
bill (S. 1262) to improve Indian education, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill (as amended) do
pass.
PURPOSE
The purpose of S. 1262 is to provide a comprehensive
framework to improve Native American education--one that
incorporates a wide range of strategies to strengthen language
and culture education, local access and control, and teacher
training and recruitment.
BACKGROUND AND HISTORY
The U.S. has had a longstanding involvement in the
education of Native peoples. In 1775, The Continental Congress
appropriated funds to pay expenses of 10 Indian students at
Dartmouth College.\1\
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\1\Worthington Chauncey Ford, ed., Journals of the Continental
Congress, 1774-1789, Vol. II, 1775, May 10-September 20 (Washington:
GPO, 1905), pp. 176-177. Congress's stated intent was to keep the
students from returning to their homes in British Canada.
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From the Revolution until after the Civil War, the federal
government provided for Indian education either by directly
funding teachers or schools on a tribe-by-tribe basis pursuant
to treaty provisions or by funding religious and other
charitable groups to establish schools where they saw fit. The
first Indian treaty providing for any form of education for a
tribe--in this case, vocational--was in 1794.\2\ The first
treaty providing for academic instruction for a tribe was in
1803.\3\ Altogether over 150 treaties with individual tribes
provided for instructors, teachers, or schools, whether
vocational, academic, or both, either permanently or for a
limited period of time.\4\ The first federal statute
authorizing appropriations to ``promote civilization'' among
Indian tribes was the Indian Trade and Intercourse Act of
1793,\5\ but the Civilization Act of 1819 was the first
authorization and appropriation specifically for instruction of
Indian children near frontier settlements in reading, writing,
and arithmetic.\6\ Civilization Act funds were expended through
contracts with missionary and benevolent societies. Besides
treaty schools and ``mission'' schools, some additional schools
were initiated and funded directly by Indian tribes. The state
of New York also operated schools for its Indian tribes. The
total of such treaty, mission, tribal, and New York schools
reached into the hundreds by the Civil War.\7\
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\2\Treaty with the Oneida, Etc., Art. III, December 2, 1794, 7
Stat. 47, 48. The United States agreed not only to construct gristmills
and sawmills for the Oneida, Tuscarora, and Stockbridge tribes but also
to send persons to instruct the tribes in their use. See also Alice C.
Fletcher, Indian Education and Civilization, U.S. Bureau of Education
Special Report, Sen. Ex. Doc. 95, 48th Cong., 2nd sess. (Washington:
GPO, 1888), p. 162.
\3\Treaty with the Kaskaskia, Art. 3d, August 13, 1803, 7 Stat. 78,
79.
\4\Nell Jessup Newton, ed.-in-chief, Cohen's Handbook of Federal
Indian Law 2005 Edition (Newark, NJ: LexisNexis Matthew Bender, 2005),
p. 1356. Congress ended treaty-making with Indian tribes in 1871.
\5\Sec. 9, Act of March 1, 1793, Chap. 19, 2nd Cong., 2nd sess., 1
Stat. 329, 331. As civilizing factors, the section specifically
authorizes domestic animals, farming equipment, goods, money, and
resident agents, but not teachers or schools.
\6\Act of March 3, 1819, Chap. 85, 15th Cong., 2nd sess., 3 Stat.
516. Previous appropriations for Indian affairs would have funded
education only for children of tribes that signed treaties providing
for education.
\7\Fletcher, Indian Education and Civilization, p. 197.
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After the Civil War, the U.S. government began to create a
federal Indian school system, with schools not only funded but
also constructed and operated by the Bureau of Indian Affairs
(BIA)\8\ with central policies and oversight.\9\ In 1869, the
Board of Indian Commissioners--a federally appointed board that
jointly controlled with Interior the disbursement of certain
funds for Indians\10\--recommended the establishment of
government schools and teachers.\11\ Building upon prior
programs, in 1870 Congress passed the first general
appropriation for Indian schools.\12\ The initial appropriation
was $100,000, but both the amount appropriated and the number
of schools operated by the BIA rose swiftly thereafter.\13\ The
BIA created both boarding and day schools, including off-
reservation industrial boarding schools on the model of the
Carlisle Indian Industrial School (established in 1879).\14\
Many Indian children attended on- or off-reservation boarding
schools.\15\ BIA schools were chiefly elementary and vocational
schools.\16\
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\8\The Bureau of Indian Affairs (BIA), which housed the former
Office of Indian Education Programs (OIEP), was responsible for Indian
education programs. In 2006, the Secretary of the Interior moved the
OIEP out of the BIA and made it an agency equivalent to the BIA,
renaming it the Bureau of Indian Education (BIE). Both bureaus are
under the Assistant Secretary--Indian Affairs. For the purposes of this
Committee report, BIA and BIE will be used interchangeably.
\9\Szasz, Margaret Connell, and Ryan, Carmelita, ``American Indian
Education,'' in Wilcomb E. Washburn, vol. ed., Handbook of North
American Indians, Vol. 4, Indian-White Relations (Washington:
Smithsonian, 1988), p. 290.
\10\The Board of Commissioners was created by the April 10, 1869,
act (16 Stat. 40).
\11\Fletcher, Indian Education and Civilization, p. 167.
\12\An Act Making Appropriations for the Current and Contingent
Expenses of the Indian Department . . ., Act of July 15, 1870, Chap.
296, 41st Cong., 2nd sess., 16 Stat. 335, 359. See also U.S. American
Indian Policy Review Commission, Task Force Five: Indian Education,
Report on Indian Education, Committee Print (Washington: GPO, 1976), p.
69.
\13\Paul Stuart, Nations Within a Nation: Historical Statistics of
American Indians (New York: Greenwood Press, 1987), pp. 135, 165.
\14\Founded by Army Captain Richard H. Pratt on an unused Army base
in Carlisle, PA, the school's model of educating Indian students in an
off-reservation manual labor boarding school, away from students'
families and cultures, became well-known. Pratt, its first
superintendent, publicized the school and its emphasis on assimilation.
Carlisle was funded through Indian appropriations bills and private
donations. It closed in 1918. See Szasz and Ryan, ``American Indian
Education,'' pp. 290-291.
\15\Francis Paul Prucha, The Great Father: The United States
Government and the American Indians (Lincoln: University of Nebraska
Press, 1984), pp. 815-816.
\16\Szasz and Ryan, ``American Indian Education,'' pp. 290-294.
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An organizational structure for BIA education began with a
Medical and Education Division during 1873-1881, appointment of
a superintendent of education in 1883, and creation of an
education division in 1884.\17\ The education of Alaska Native
children, however, along with that of other Alaskan children,
was assigned in 1885 to Interior's Office of Education, not the
BIA.\18\ Mission, tribal,\19\ and New York state schools
continued to operate, and the proportion of school-age Indian
children attending a BIA, mission, tribal, or New York school
rose slowly.\20\
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\17\Edward E. Hill, comp., Guide to Records in the National
Archives of the United States Relating to American Indians Washington:
National Archives and Records Service, 1981), p. 24. See also Szasz and
Ryan, ``American Indian Education,'' pp. 290, 293.
\18\Hill, Guide to Records, p. 112; and Szasz and Ryan, ``American
Indian Education,'' p. 297. Authorization for Alaska Native education
was in Sec. 13, Act of May 17, 1884, Chap. 53, 48th Cong. 1st sess., 23
Stat. 24, 27-28.
\19\After 1870, most tribal schools were in Oklahoma, operated by
one of the ``Five Civilized Tribes'' (Cherokee, Chickasaw, Choctaw,
Creek, and Seminole), as they were then called.
\20\Szasz and Ryan, ``American Indian Education,'' p. 291.
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A major long-term shift in federal Indian education policy,
from federal schools to public schools, began in FY1890-91 when
the Commissioner of Indian Affairs, using his general authority
in Indian affairs, contracted with a few local public school
districts to educate nearby Indian children for whose schooling
the BIA was responsible.\21\ After 1910, the BIA pushed to move
Indian children to nearby public schools and to close BIA
schools.\22\ Congress provided minimal appropriations to pay
public schools for Indian students.\23\ By 1920, more Indian
students were in public schools than BIA schools.\24\
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\21\U.S. Department of the Interior, Office of Indian Affairs,
Annual Report of the Commissioner of Indian Affairs Fiscal Year 1890-
1891] (Washington: GPO, 1891), p. 71.
\22\Prucha, Great Father, pp. 823-825.
\23\Prucha, Great Father, pp. 824-825.
\24\U.S. Department of the Interior, Bureau of Indian Affairs,
Report on BIA Education: Excellence in Indian Education Through the
Effective Schools Process. Final Review Draft (Washington: The
Department, 1988), Table 1, p. 15.
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In 1921, Congress passed the Snyder Act\25\ in order to
authorize all programs the BIA was then carrying out. However,
most BIA programs at the time, including education, lacked
authorizing legislation. The Snyder Act continues to provide
broad and permanent authorization for federal Indian programs.
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\25\Act of November 2, 1921, 42 Stat. 208, as amended; 25 U.S.C.
Sec. 13.
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In 1934, Congress enacted the Johnson O'Malley Act\26\
(JOM) which authorized the BIA to contract with states for
Native education. The JOM program is designed to meet the
specialized educational needs of Native students. JOM funds are
used to supplement other educational programs, and can be used
for tutoring, books, supplies, Native language classes,
cultural activities, after-school activities, and any other
education-related activities for Native students.
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\26\25 U.S.C. Sec. 452-457
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In 1953, Congress enacted the Impact Aid Act\27\ which was
the first education funding provided by the Department of
Education for Native students. This Act provided funding to
school districts to help fund the education of children from
federally-impacted areas. Federally-impacted areas include
areas where the federal government owns property, such as
Indian trust lands and military bases. Because most school
districts are funded through the federal government and local
property taxes, and taxes cannot be collected on federal lands,
the Impact Aid Act compensates local school districts for the
education of children who reside on federal lands. Impact Aid
funding is now part of Title VIII of the Elementary and
Secondary Act.
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\27\20 U.S.C. Sec. 7701 et seq.
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Additional funding from the Department of Education was
authorized in the Elementary and Secondary Act of 1965
(ESEA)\28\. The ESEA provided a set-aside for BIA schools. The
Indian Education Act of 1972\29\ also established the Office of
Indian Education within the Department of Education. This was
the first office outside the Department of Interior established
to oversee a federal Native education program.
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\28\Pub. L. No. 89-10 (1965).
\29\20 U.S.C. Sec. Sec. 7401-7402.
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The Indian Self-Determination and Education Assistance Act
of 1975\30\ enabled tribes to take over the operation through
grants or contracts of their BIE schools and perform the
functions that the BIA had performed. Today, 124, or two-thirds
of the 184 BIE schools, are grant schools.
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\30\Pub. L. No. 93-638 (1975).
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The ESEA remains the primary source of federal aid for K-12
education. The most recent amendment and reauthorization of the
ESEA, was the No Child Left Behind Act (NCLB) of 2001.\31\ The
NCLB added Title VII to the ESEA, which provides a wide range
of provisions specifically for Native education.
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\31\Pub. L. No. 107-110 (2002).
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NCLB was also a major expansion of federal influence over
K-12 education. The NCLB relied on measures of accountability
for public school systems and each individual student. States
were required to implement standards-based assessments in
reading, math and science which were measured in an annual
yearly progress (AYP) for each school and school district. The
goal was for all public schools to reach an AYP of proficient
or higher by the end of the 2013-14 school year. If schools did
not meet AYP for two consecutive years or more, accountability
steps were put in place including school improvement,
corrective action and school restructuring. As of the 2008
school year, 29% of public schools were failing to make AYP.
The BIE school system is also subject to NCLB. The
Secretary of the Interior was charged with defining AYP for BIE
schools. The Secretary conducted a negotiated rulemaking and it
was determined that each BIE school's AYP would be defined by
the state in which the school is located.
In anticipation of the reauthorization of the ESEA, Indian
tribes, Native groups, and intertribal organizations have been
communicating to the Committee their various concerns for the
future of Native education.
NEED FOR LEGISLATION
In the ESEA, the federal government firmly stated its
interest in and dedication to the education of Native peoples,
stating, ``it is the policy of the United States to fulfill the
federal government's unique and continuing trust relationship
with and responsibility to the Indian people for the education
of Indian children.''\32\ Despite that firm affirmation and the
centuries-old tradition of attempting to ensure the education
of Native children, there remain significant achievement gaps
in educational outcomes for Native students in both BIE and
public schools when compared to non-Native students. Major
reports by the federal government on Native education issued in
1928,\33\ 1969\34\ and 1991\35\ have demonstrated relatively
little improvement in the education of Native peoples in 80
years--especially as it concerns retaining tribal cultures and
identities through adequate language instruction.\36\
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\32\20 U.S.C. Sec. 7401. Title 25 of the U.S. Code also refers to
``the federal responsibility for and assistance to education of Indian
children. 25 U.S.C. Sec. 450(b)(2).
\33\L. Meriam, Institute for Government Research, The Problem of
Indian Administration (1928).
\34\U.S. Senate Special Subcommittee on Indian Education, Committee
on Labor and Public Welfare, Indian Education: a National Tragedy, a
National Challenge (``Kennedy Report''), 1969, http://www.tedna.org/
pubs/Kennedy/toc.htm, accessed 18 June 2011.
\35\ U.S. Department of Education, Indian Nations at Risk: An
Educational Strategy for Action--Final Report of the Indian Nations at
Risk Task Force, 1991 available at http://www.tedna.org/pubs/
nationsatrisk.pdf (last visited Dec. 15, 2011).
\36\ See Id. at 31-33.
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The federal government currently provides education funding
and services to Native students through the Departments of
Interior and Education. The Department of the Interior delivers
services or support in two primary ways, through federally
funded Bureau of Indian Education (BIE) schools or through
education assistance via funding to public schools attended by
Native students through the Johnson O'Malley Act.
Currently 620,000, or 93%, of Native students attend public
schools and approximately 45,000, or 7%, attend BIE
schools.\37\ There are 184 BIE-funded schools (including 14
peripheral dormitories) located on 63 reservations in 23
states.\38\ More than 70 percent of those schools and students
are located in four states: New Mexico, Arizona, North Dakota
and South Dakota.\39\ Public schools receive funding for Native
students through the Department of Education, and BIE schools
receive funding both through the Department of Interior's
budget and through Department of Education programs that serve
Native students.
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\37\National Indian Education Association, Native Education 101:
Basic Facts about American Indian, Alaska Native, and Native Hawaiian
Education, Available at http://www.niea.org/data/files/policy/
nativeeducation101.pdf (last visited Dec. 15, 2011).
\38\Id. at 3.
\39\Bureau of Indian Education National Directory, June 2011,
available at http://www.bie.edu/idc/groups/xbie/documents/text/
idc014129.pdf (last visited Dec. 15, 2011).
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Native education associations provide, and the Committee
notes that ESEA and other programs aimed at educating Native
students are not yielding the desired outcomes and must be
altered to address this reality. The national graduation rate
for Native students is the lowest of any racial or ethnic
group. Only 49.3% of Native students graduate high school,
compared to 76.2% for their Caucasian counterparts.\40\ Among
those who graduate only 13.3% go on to receive a college degree
compared with a national average of 24.4%.\41\ According to the
BIE, 25% of BIE schools made AYP in SY2007-2008, and 33% made
AYP in SY2008-2009.\42\ In SY2008-2009, 66% of all public
schools made AYP.\43\ Further, according to Tribal Education
Departments National Assembly (TEDNA), the high school dropout
rate of tribal students is 50%--nearly double that of their
Caucasian peers; tribal students have the highest rates of
absenteeism, suspension, and expulsion; and tribal 8th grade
students are 18% more likely to read or perform in mathematics
at a ``below basic'' level than their Caucasian peers.\44\
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\40\ National Indian Education Association, Native Education 101:
Basic Facts about American Indian, Alaska Native, and Native Hawaiian
Education, Available at http://www.niea.org/data/files/policy/
nativeeducation101.pdf (last visited Dec. 15, 2011).
\41\ National Indian Education Association, National Native
Education Agenda, A Transition Paper for the Department of Education,
2008 available at http://www.niea.org/data/files/
policy/2008transitionpaperdoe.pdf (last visited Dec. 15, 2011).
\42\FY2012 Budget, p. IA-EDU-10.
\43\U.S. Department of Education, Justifications of Appropriation
Estimates to the Congress, Fiscal Year 2012.
\44\Tribal Education Departments National Assembly, The Elementary
and Secondary Education Act Reauthorization Recommendations for Tribal
Education Departments/Agencies, Boulder, CO, (cont'd) February 11,
2011, http://www.tedna.org/articles/
esea_reauthorization_recommendations.pdf (last accessed 11/4/12).
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Proffered reasons for the achievement gap center around
severe underfunding of federal programs; the inability of
tribes to attract and retain quality teachers to teach on or
near reservations; a fractured administration between the
Department of the Interior and the Department of Education in
implementing programs; and a lack of cultural relevance in
curriculum, operational philosophy, and language instruction.
With regard to NCLB, common tribal concerns received by the
Committee are that the Act had a disproportionally negative
impact on high-poverty schools such as many schools serving
Native students, teaching and enforcement processes under the
Act were too rigid and did not allow flexibility in teaching,
and that the Act lacked a mechanism to attract highly-qualified
teachers to underperforming schools and that its standards were
unrealistic.
In developing S. 1262 with an aim at addressing tribal
concerns and affecting more positive educational outcomes for
Native students, the Committee received views from a broad
range of Native stakeholders to develop ideas for improving the
status of Native education. During the 112th Congress, the
Committee held a roundtable discussion on Native education, an
oversight hearing on language and culture-based education, and
met with tribal leaders, as well as national and regional
intertribal organizations. Recommendations from these
stakeholders fell into three distinct themes: (1) language and
culture-based education; (2) teacher training, recruitment, and
retention; and (3) tribal access and local control.
Native education organizations and tribal leaders have
repeatedly called for greater involvement in the education of
their students, especially those in public schools. S. 1262
would encourage increased consultation and coordination between
tribes, Native students and parents, and/or tribal
organizations by requiring the Department of Education, DOI,
states, and local education agencies (LEAs) to increase or
begin consulting or coordinating with them. Further, S. 1262
would require that states develop standards-based assessments
and classroom lessons to accommodate diverse learning styles.
The Committee notes that leaders in the field of Native
education believe a major problem leading to achievement gaps
is that traditional Eurocentric educational styles are not
conducive to teaching Native students. The bill would promote
language preservation by permitting tribal elders to teach
Native languages through provisions aimed at qualifying them as
highly qualified teachers for the purposes of teaching Native
language and culture. S. 1262 would also authorize set-asides
and other funding mechanisms to attract teachers to
underperforming schools and moreover to ensure the adequate
funding of Native education programs.
LEGISLATIVE HISTORY
S. 1262, the Native Culture, Language, and Access for
Success in Schools Act, was introduced on June 23, 2011, by
Senator Akaka, and is co-sponsored by Senators Inouye of
Hawaii, Johnson of South Dakota, and Udall of New Mexico. Two
similar bills--H.R. 3568 and H.R. 3569--were introduced in the
House of Representatives on December 6, 2011. The former by
Representative Dale Kildee of Michigan's 5th District and the
latter by Representative Joe Baca of California's 43rd
District. The Senate Committee on Indian Affairs held a
legislative hearing on S. 1262 on June 30, 2011 and a business
meeting to consider the bill on October 20, 2011.
During the business meeting on October 20, 2011, the bill
was reported favorably with an amendment in the nature of a
substitute, a technical amendment and one other amendment to
the full Senate.
SUMMARY OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE
The substitute amendment removes from the original bill
narrow exemptions for tribal schools and educators from
standards for high-quality teachers and state assessments,
essentially leaving intact the current framework in the
education law commonly known as No Child Left Behind.
Specifically, the exemptions would have allowed states to
develop standards-based assessments to accommodate diverse
learning styles in place of general assessments under the law.
They also would have applied to Native language teachers.
It would exempt most tribal colleges and universities from
certain eligibility applications to receive financial
assistance. It also would create an Indian language and
training program to award competitive grants to eligible
institutions to promote the preservation, revitalization and
use of Indian languages.
The substitute amendment also establishes ``Centers for
Innovation in Tribally Directed Education,'' which would
provide technical and professional expertise to Indian tribes
to help them grow and maintain the capacity to deliver
education services to Indian children. Grants would be awarded
to entities to help establish the centers.
Lastly, the substitute would also create educational and
culture programs specifically geared toward Native Hawaiians,
including grants for a Native Hawaiian education council.
SECTION-BY-SECTION ANALYSIS OF THE BILL, AS AMENDED
Section 1. Short title; table of contents
This section provides that the short title of the bill is
the ``Native Culture, Language, and Access for Success in
Schools Act'' and lays out a table of contents.
Title I--Elementary and Secondary Education Act of 1965
This title generally makes amendments to the Elementary and
Secondary Education Act of 1965.
SUBTITLE A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Section 111. Improving the education of students
This section makes various amendments to Part A of title I
of the Elementary and Secondary Education Act (ESEA) of 1965
(20 U.S.C. 6301 et seq.) including provisions regarding
standards-based education assessments, Native American
languages, and the Indian School Turn Around Program.
Section 112. Prevention and intervention programs for children and
youth who are neglected, delinquent, or at-risk
This section makes various amendments to Part D of title I
of the Elementary and Secondary Education Act (ESEA) of 1965
(20 U.S.C. 6301 et seq.) including provisions regarding Tribal
consultation, grants to Indian Tribes, and technical
assistance.
Section 113. State Administration
This section amends Section 1903(b)(2) of the Elementary
and Secondary Education Act of 1965 (ESEA) (20 U.S.C.
6573(b)(2)).
SUBTITLE B--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS
AND PRINCIPALS
Section 121. Preparing, training, and recruiting high-quality teachers
and principals
This section amends Title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.)
including provisions regarding high need local education
agencies and the Indian educator scholarship program.
SUBTITLE C--NATIVE AMERICAN LANGUAGES PROGRAMS
Section 131. Improvement of academic success of Indian students through
Native American languages and programs
This section amends Subpart 1 of part A of title III of the
Elementary and Secondary Education Act (20 U.S.C. 6821 et seq.)
to provide for Native American languages programs, grants for
such programs, and authorizes appropriations.
Section 132. State and tribal educational agency agreements
This section amends Part A of title III of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.)
adding a section thereto dealing with state and tribal
education agency agreements.
SUBTITLE D--21ST CENTURY SCHOOLS
Section 141. Safe and healthy schools for Native American students
This section amends subpart 2 of part A of title IV of the
Elementary and Secondary Education Act of 1965 (ESEA) (20
U.S.C. 7131 et seq.) providing for the establishment of a
program to improve the school environments and student skill
development for healthy choices for Native American students in
all public elementary and secondary schools that are eligible
to receive support under part A of title VII of the ESEA.
SUBTITLE E--CENTERS FOR INNOVATION IN TRIBALLY DIRECTED EDUCATION
Section 151. Centers for innovation in tribally directed education
This section amends Part A of title V of the Elementary and
Secondary Education Act (20 U.S.C. 7201 et seq.) to deal with
centers for innovation in tribally directed education and
grants and guidelines for such grants to such centers.
Section 152. Authorization of appropriations
This section amends Section 5156 of the Elementary and
Secondary Education Act (20 U.S.C. 7121e) to authorize
appropriations for those grants discussed in Section 151.
SUBTITLE F--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
PART I--INDIAN EDUCATION
Section 161. Purpose
This section amends section 7102 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7402) by adding a
new ``purpose'' section to that statute.
Section 162. Purpose of formula grants
This section amends section 7111 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7421) to revise its
purpose statement.
Section 163. Grants to local educational agencies and tribes
This section amends section 7112 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7422) including
provisions regarding grants to consortia of two or more local
educational agencies.
Section 164. Amount of grants
This section amends section 7113 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7423) addressing the
amount of grants.
Section 165. Applications
This section amends section 7114 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7424) including
provisions regarding outreach to local education agencies.
Section 166. Authorized services and activities
This section amends section 7115 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7425) including
provisions regarding Native American language programs and
Native American language restoration programs.
Section 167. Student eligibility forms
This section amends section 7117(e) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7427(e)) including a
provision regarding record keeping by local educational
agencies.
Section 168. Technical assistance
This section amends subpart 1 of part A of title VII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7421
et seq.) to address technical assistance to Indian tribes and
local educational agencies.
Section 169. Amendments relating to tribal colleges and universities
This section amends subpart 2 of part A of title VII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441
et seq.) to address funding to tribal colleges and
universities.
Section 170. Tribal educational agency cooperative agreements
This section amends subpart 2 of part A of title VII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441
et seq.) to address cooperative agreements between tribal
education agencies and their state and local education
agencies.
Section 171. Tribal educational agencies pilot project
This section amends subpart 2 of part A of title VII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441
et seq.) to establish and set out provisions for a tribal
educational agency pilot project.
Section 172. Improving support for teachers and administrators of
Native American students
This section amends subpart 2 of part A of title VII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441
et seq.) to authorize grants to eligible entities to enable
such entities to expand or develop programs aimed at teacher
and administrator preparation and recruitment.
Section 173. National board certification incentive demonstration
program
This section amends subpart 2 of part A of title VII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441
et seq.) to establish a national board certification incentive
demonstration program.
Section 174. Tribal language immersion schools
This section amends subpart 2 of part A of title VII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441
et seq.) to authorize grants to enable the development of
tribal language immersion schools.
Section 175. Coordination of Indian student information
This section amends subpart 3 of part A of title VII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7451
et seq.) to address the coordination of Indian student
information including provisions regarding the award of grants,
data elements, and a report to Congress on the status of
implementation of this section.
Section 176. Authorization of appropriations
This section authorizes appropriations for carrying out
subparts 1, 2 and 3.
PART II--NATIVE HAWAIIAN EDUCATION
Section 177. Findings
This section amends section 7202 of the Elementary and
Secondary Education Act (20 U.S.C. 7511 et seq.) by laying out
findings associated with this part of the legislation.
Section 178. Purposes
This section amends section 7203 of the Elementary and
Secondary Education Act (20 U.S.C. 7513) to lay out purposes of
this part of the legislation.
Section 179. Native Hawaiian Education Council Grant
This section amends section 7204 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7514) regarding the
authorization of a grant for the Native Hawaiian Education
Council.
Section 180. Grant program authorized
This section amends section 7205 of the Elementary and
Secondary Education Act (20 U.S.C. 7515 et seq.).
Section 181. Administrative provisions; authorization of appropriations
This section amends section 7206 of the Elementary and
Secondary Education Act (20 U.S.C. 7516) with regard to
administrative provisions and the authorization of
appropriations.
Section 182. Definitions
This section amends section 7207 (20 U.S.C. 7517) with
regard to certain definitions.
SUBTITLE G--IMPACT AID
Section 185. Impact Aid
This section amends section 8004 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7704).
SUBTITLE H--GENERAL PROVISIONS
Section 191. Highly qualified definition
This section amends section 9209(23) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(23)) with
regard to the definition of ``highly qualified.''
Section 192. Applicability of ESEA to Bureau of Indian Education
schools.
This section amends section 9103 of the Elementary and
Secondary Education Act (20 U.S.C. 7821) regarding the
applicability of such act to Bureau of Indian Education
Schools.
Section 193. Increased access to resources for tribal schools, schools
served by the Bureau of Indian Education, and Native American
students
This section amends subpart 2 of part E of title IX of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901
et seq.) with regard to technical assistance and capacity
building.
Title II--Amendments to Other Laws
Section 201. Amendments to the American Recovery and Reinvestment Act
of 2009 to provide funding for Indian programs
This section amends the American Recovery and Reinvestment
Act of 2009 to provide funding for Indian programs such as
Bureau of Indian Education schools.
Section 202. Qualified scholarships for education and cultural
benefits.
This section amends section 1117 of the Internal Revenue
Code of 1986 with respect to income and qualified Indian
education benefits and qualified Indian cultural benefits.
Section 203. Tribal Education Policy Advisory Group
This section amends section 1126 of the Education
Amendments of 1978 (25 U.S.C. 2006) to establish a tribal
education policy advisory group.
Section 204. Division of budget analysis
This section amends section 1129 of the Education
Amendments of 1978 (25 U.S.C. 2009) with regard to funding
associated with Bureau of Indian Education schools.
Section 205. Tribal education agencies
This section makes various amendments to section 1140 of
the Education Amendments of 1978 (25 U.S.C. 2020).
Section 206. Qualified school construction bond escrow account
This section amends part B of title II of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 458)
regarding the establishment of a qualified school construction
bond escrow account.
Section 207. Equity in Educational Land-Grant Status Act of 1994
This section makes various amendments to section 532 of the
Equity in Education al Land-Grant Status Act of 1994 (7 U.S.C.
301 note).
Section 208. Workforce Investment Act of 1998
This section makes various amendments to Title II of the
Workforce Investment Act of 1998 (20 U.S.C. 9201 et seq.)
including the establishment of an American Indian, Native
Hawaiian, and Tribal College or University Adult Education and
Literacy Grant Program.
Section 209. Technical amendments to Tribally Controlled Schools Act of
1988
This section makes technical amendments to certain sections
of the Tribally Controlled Schools Act of 1988.
Section 210. Exemption from eligibility application
This section makes amendments to paragraph (1) of section
316(d) of the Higher Education Act of 1965 (20 U.S.C.
1059c(d)).
Section 211. Tribal colleges and universities American Indian language
vitalization and training program
This section amends part A of title III of the Higher
Education Act of 1965 (20 U.S.C. 1057 et seq.) by adding at the
end a section dealing with the authorization of an American
Indian Language Vitalization and Training Program.
Section 212. Administrative cost grants for tribally operated schools
This section makes amendments to section 1128(1)(1) of the
Education Amendments of 1978 (25 U.S.C. 2008(l)(1)).
Section 213. Tribal member student records
This section amends section 444(b)(1)(C) of the General
Education Provisions Act (20 U.S.C. 1232g(b)(1)(C)).
Title III--Additional Education Provisions
Section 301. Native American student support
This section addresses program expansion within the
Department of Education for research and support associated
with culture and language-based education and Native American
school children.
Section 302. Ensuring the survival and continuing vitality of Native
American languages
This section provides for a grant program aimed at ensuring
the survival of Native American languages.
Section 303. In-school facility innovation program contest
This section provides for a contest involving improvements
to tribal school facilities administered by the Secretary of
the Interior.
Section 304. Retrocession or reassumption of certain school funds
This section discusses what is to happen with certain funds
when Public Law 100-297 grantees or Public Law 93-638 contract
schools retrocede authority to, or such authority is reassumed
by, the Bureau of Indian Education.
Section 305. Department of the Interior and Department of Education
Joint Oversight Board
This section provides for the establishment of a Department
of the Interior and Department of Education Joint Oversight
Board of Native American education.
Section 306. Tribal self-governance feasibility study
This section provides for the conducting of a study to
determine the feasibility of entering into self-governance
compacts and contract with Indian tribal governments who wish
to operate public schools that reside within their lands. This
section also provides for the considerations the Secretary of
Education must consider when conducting such study and its
report to Congress.
Section 307. Establishment of Center for Indigenous Excellence
This section calls for the establishment, and describes the
role of, a prospective Center for Indigenous Excellence.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTE
In an open business meeting on October 20, 2011, the
Committee on Indian Affairs, by voice vote, adopted S. 1262
with an amendment in the nature of a substitute, a technical
amendment and one other amendment, and ordered the bill
reported to the Senate, with the recommendation that the Senate
do pass S. 1262 as reported.
COST AND BUDGETARY CONSIDERATIONS
The cost estimate provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974 was not available for inclusion in this report. The
estimate will be printed in either a supplemental report or the
Congressional Record when it is available.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires that each report accompanying a bill to
evaluate the regulatory and paperwork impact that would be
incurred in carrying out the bill. The Committee believes that
the regulatory impact of S. 1262 will be minimal.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 1262.
CHANGES IN EXISTING LAW
In the opinion of the committee, it is necessary to
dispense with the requirements of paragraph 12 of rule XXVI of
the Standing Rules of the Senate to expedite the business of
the Senate.