[Senate Report 114-215]
[From the U.S. Government Publishing Office]
Calendar No. 376
114th Congress } { Report
SENATE
2d Session } { 114-215
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NATIVE LANGUAGE IMMERSION STUDENT ACHIEVEMENT ACT
_______
February 29, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 1419]
The Committee on Indian Affairs, to which was referred the
bill (S. 1419), to promote the academic achievement of American
Indian, Alaska Native, and Native Hawaiian children with the
establishment of a Native American language grant program,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
PURPOSE
The purpose of S. 1419 is to establish a federal grant
program specifically for Native American language immersion
programs and to provide for their administration and the
collection of data to determine the effectiveness of these
programs.
BACKGROUND
In 1990 Congress passed the Native American Languages Act
(NALA), which recognizes the unique status of Native American
cultures and languages. According to the law, it is U.S.
federal policy to `preserve, protect, and promote the rights
and freedom of Native Americans to use, practice, and develop
Native American languages.' Further, NALA declares U.S. federal
support for `the use of Native American languages as a medium
of instruction.'
The Esther Martinez Native American Languages Preservation
Act (NALPA), which builds on NALA, was signed into law in
December 2006. NALPA further cemented the federal government's
policy of supporting the preservation of and continued
education in Native American languages. Named after Esther
Martinez, a Tewa teacher and storyteller, NALPA bolsters
federal support for Native language education by creating and
funding programs described below.
This bill builds upon the federal policy on Native American
languages established by both NALA and NALPA. It would amend
Title VII of the Elementary and Secondary Education Act of 1965
(as in effect prior to the passage of the Every Student
Succeeds Act (P.L. 114-95)) to establish a grant program that
supports Native language immersion schools, including pre-
kindergarten through post-secondary, that use Native American
languages as the primary language of instruction. The grant
program would promote and strengthen schools utilizing Native
American languages as the primary language of instruction. This
bill would authorize $5 million for Fiscal Year 2016 and such
sums as are necessary for 4 succeeding Fiscal Years.
LEGISLATIVE HISTORY
On May 21, 2015, Senator Tester introduced S. 1419, along
with Senators Heinrich, Heitkamp, Schatz, and Udall. The bill
was referred to the Senate Committee on Indian Affairs. On
October 21, 2015, the Committee met at a duly called business
meeting to consider the bill. By voice vote, the Committee then
ordered the bill to be reported favorably, with an amendment in
the nature of a substitute, to the full Senate. A House
companion bill has not been introduced.
In the 113th Congress, Senator Tester introduced the
predecessor bill, S. 1948, the Native Language Immersion
Student Achievement Act, on January 16, 2014. With ten co-
sponsors, the bill was referred to the Senate Committee on
Indian Affairs. The Committee held a legislative hearing on the
bill on June 18, 2014. On July 30, 2014, the Committee met at a
duly called business meeting to consider the bill and ordered
it reported favorably, with an amendment in the nature of a
substitute, to the full Senate. No further action was taken by
the Senate. On March 12, 2014, an identical House companion
bill, H.R. 4214, was introduced by Representative Cole. The
bill was referred to the Committee on Education and the
Workforce. No further action was taken.
SUMMARY OF AMENDMENT
Only one amendment was filed to S. 1419 to be considered at
the business meeting on October 21, 2015. Senator Tester
offered the amendment, in the nature of a substitute, to
clarify the application and certain waiver processes for the
language immersion programs and to clarify that local education
agencies are considered eligible entities.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Section 1: Short title
``Native Language Immersion Student Achievement Act.''
Section 2: Findings
Section 2 sets forth the findings underlying the
legislation.
Section 3: Native American language schools
Section 3(a) establishes the purposes of the section: (1)
to establish a grant program to support immersion instruction
in Native American languages; and (2) to further establish
support for Native language education into federal policy.
Section 3(b) provides that the Secretary of Education may
award grants to `eligible entities' (defined as tribes, Tribal
Colleges or Universities, tribal education agencies, schools,
and private or tribal nonprofit organizations) providing
prekindergarten through post-secondary educational
institutions. Eligible entities may receive a grant if they
have a plan to create and sustain--or improve and enhance--
programs employing Native language immersion as the primary
mode of instruction throughout the curriculum. Schools or
programs that offer full curriculum instruction in multiple
languages are also eligible under the Act, so long as at least
one such offering is a Native American language.
Section 3(c) sets forth the requirements of the application
process for potential grantees. Applications must include the
name of the Native American language of instruction; number of
students enrolled at the institution; number of present hours
for instruction; status of school (tribal, public, indigenous
language schooling research and cooperative, etc.); statement
of compliance with proficiency requirements of applicable law
and that the school provides assessment of student use of the
Native language (where appropriate); and list of the
qualifications of the staff to deliver effective instruction in
the Native language. This section mandates that attendance and
matriculation data will be collected to determine immersion
best practices and to assist in the evaluation of such
schooling. Additionally, it specifies that the grant authorizes
eligible entities to develop a Native language alignment plan
to create or refine assessments of student proficiency on State
or tribally developed academic standards, and it requires
grantees develop a plan to integrate high achievement in Native
American language acquisition with improved student outcomes
(e.g., academic achievement, high school graduation rates,
college enrollment, etc.).
Section 3(d) requires the Secretary of Education to
determine that the amount and length of each grant and to
ensure as much as possible the diversity of languages of
instruction selected for the grant,
Section 3(e) clarifies which activities the grants are
authorized to fund. These activities include the support of
Native language and development; development or refinement of
instructional curricula; funding for training opportunities for
teachers as appropriate staff in the furtherance of the
immersion program; and other activities to promote Native
language education and development.
Section 3(f) mandates that each grantee provide an annual
report to the Secretary of Education.
Section 3(g) mandates the Secretary, in consultation with
the Commissioner of the National Center for Education
Statistics, compile a report to Congress that evaluates the
outcomes of the grant program and evidence of Native language
immersion student outcomes.
Section 3(g) authorizes $5,000,000 for Fiscal Year 2016 and
authorizes that funding may be appropriated for Fiscal Years
2017, 2018, 2019, and 2020.
COST AND BUDGETARY CONSIDERATIONS
December 18, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1419, the Native
Language Immersion Student Achievement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Leah
Koestner.
Sincerely,
Keith Hall.
Enclosure.
Summary: S. 1419 would amend the Elementary and Secondary
Education Act of 1965 to authorize the Department of Education
to award grants to organizations that develop, maintain,
improve, or expand programs that use Native American languages
as their primary language of instruction. The bill would
authorize the appropriation of $5 million in fiscal year 2016,
and such sums as may be necessary for fiscal years 2017 to
2020. Those authorizations would automatically be extended one
year, through 2021, under the General Education Provisions Act.
CBO estimates that enacting S. 1419 would cost $17 million
over the 2016-2020 period, assuming appropriation of the
necessary amounts. Enacting S. 1419 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply to this legislation.
Enacting S. 1419 would not increase net direct spending or
on-budget deficits in any of the four 10-year periods beginning
in 2026.
S. 1419 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1419 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------
2016 2017 2018 2019 2020 2016--2020
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.......................... 5 5 5 5 5 26
Estimated Outlays...................................... * 2 4 5 5 17
----------------------------------------------------------------------------------------------------------------
Notes: Components may not add to totals because of rounding.
* = less than $500,000.
Basis of estimate: S. 1419 would authorize the
appropriation of $5 million for fiscal year 2016 and such sums
as may be necessary in the following four fiscal years. After
adjusting the $5 million authorized in 2016 for inflation in
future years, CBO estimates that the bill would authorize
appropriations totaling $26 million over the 2016-2020 period.
Based on historical spending patterns of similar programs,
and assuming appropriation of the estimated amounts, CBO
projects that enacting the bill would cost $17 million over the
2016-2020 period.
Pay-As-You-Go considerations: None.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 1419 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
Intergovernmental and private-sector impact: S. 1419
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Tribal governments and tribal entities
would benefit from grant funds authorized in the bill. The
grants could be used to improve and expand programs that use
Native American languages as primary languages of instruction
in schools.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 1419.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires 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 S. 1419 will
have a minimal impact on regulatory or paperwork requirements.
CHANGES IN EXISTING LAW (CORDON RULE)
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee finds that the
enactment of S. 1776 will not make any changes in existing law.
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