< Back to H.R. 4766 (109th Congress, 2005–2006)

Text of the Esther Martinez Native American Languages Preservation Act of 2006

This bill was enacted after being signed by the President on December 14, 2006. The text of the bill below is as of Feb 15, 2006 (Introduced).

This is not the latest text of this bill.

Download PDF

Source: GPO

I

109th CONGRESS

2d Session

H. R. 4766

IN THE HOUSE OF REPRESENTATIVES

February 15, 2006

(for herself and Mr. Renzi) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To amend the Native American Languages Act to provide for the support of Native American language survival schools, and for other purposes.

1.

Short title; purposes

(a)

Short title

This Act may be cited as the Native American Languages Preservation Act of 2006.

(b)

Purposes

The purposes of this Act are as follows:

(1)

To encourage and support, consistent with the policy of the United States as expressed in the Native American Languages Act (25 U.S.C. 2901 et seq.), the revitalization of Native American languages through—

(A)

education in Native American languages; and

(B)

instruction in other academic subjects using Native American languages as an instructional medium.

(2)

To demonstrate the positive effects of Native American language survival schools on the academic success of Native American students and the students’ mastery of standard English.

(3)

To encourage and support the involvement of families in the educational and cultural survival efforts of Native American language survival schools.

(4)

To encourage communication, cooperation, and educational exchange among Native American language survival schools and the administrators of Native American language survival schools.

(5)

To provide support for Native American language survival school facilities and endowments.

(6)

To provide support for Native American language nests—

(A)

as part of Native American language survival schools; or

(B)

as separate programs that will be developed into more comprehensive Native American language survival schools.

(7)

To support the development of local and national models that can be disseminated to the public and made available to other schools as exemplary methods of teaching Native American students.

(8)

To develop a support center system for Native American language survival schools at the university level.

2.

Definitions

Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended to read as follows:

103.

Definitions

In this title:

(1)

Elementary school

The term elementary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

Indian

The term Indian has the meaning given the term in section 7151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7491).

(3)

Indian reservation

The term Indian reservation has the meaning given the term reservation in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452).

(4)

Indian tribal government

The term Indian tribal government has the meaning given the term in section 502 of the Indian Environmental General Assistance Program Act of 1992 (42 U.S.C. 4368b).

(5)

Indian tribe

The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(6)

Native American

The term Native American means—

(A)

an Indian;

(B)

a Native American Pacific Islander;

(C)

a Native Hawaiian; and

(D)

an Alaska Native.

(7)

Native American language

The term Native American language means a historical, traditional language spoken by Native Americans.

(8)

Native American language College

The term Native American language college means—

(A)

a tribally controlled college or university (as defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801)); and

(B)

a college that is applying for, or has obtained, funds under section 109 for a Native American language survival school in a Native American language that—

(i)

the college regularly offers as part of the curriculum of the college; and

(ii)

has the support of an Indian tribal government traditionally affiliated with the Native American language.

(9)

Native American language educational organization

The term Native American language educational organization means an organization that—

(A)

is governed by a board consisting—

(i)

primarily of Native Americans; and

(ii)

as many speakers of 1 or more Native American languages as practicable;

(B)

is currently providing instruction through the use of a Native American language to at least 10 preschool, elementary school, or secondary school students for at least 700 hours per year per student;

(C)

has provided instruction through the use of a Native American language to at least 10 preschool, elementary school, or secondary school students for at least 700 hours per year per student for a period of not less than 3 years before the date of application for a grant or contract under this title; and

(D)

may be a public school that meets the requirements of subparagraphs (A), (B), and (C).

(10)

Native American language nest

The term Native American language nest means a site-based educational program that—

(A)

enrolls families with children under the age of 7;

(B)

is conducted through a Native American language for at least 700 hours per year per student; and

(C)

has the specific goal of strengthening, revitalizing, or reestablishing a Native American language and culture as a living language and culture of daily life.

(11)

Native American language survival school

The term Native American language survival school means a site-based educational program—

(A)

in which a Native American language is dominant;

(B)

that expands from a Native American language nest, as a separate entity or inclusive of a Native American language nest, to enroll families with children eligible for elementary school or secondary school; and

(C)

that provides a complete education through a Native American language with the specific goal of strengthening, revitalizing, or reestablishing a Native American language and culture as a living language and culture of daily life.

(12)

Native American Pacific Islander

The term Native American Pacific Islander means any descendant of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.

(13)

Native Hawaiian

The term Native Hawaiian has the meaning given the term in section 7207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).

(14)

Secondary school

The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(15)

Secretary

The term Secretary means the Secretary of Education.

(16)

Tribal organization

The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

.

3.

Native American language nests and survival schools

The Native American Languages Act (25 U.S.C. 2901 et seq.) is amended by adding at the end the following:

108.

Native American language nests

(a)

In general

The Secretary may make grants to, or enter into contracts with, Native American language educational organizations, Native American language colleges, Indian tribal governments, organizations that demonstrate the potential to become Native American language educational organizations, or consortia of such entities for the purpose of establishing Native American language nests for—

(1)

students under the age of 7; and

(2)

families of the students.

(b)

Requirements

A Native American language nest receiving funds under this section shall—

(1)

provide instruction and child care through the use of a Native American language for at least 10 children under the age of 7 for at least 700 hours per year per student;

(2)

provide compulsory classes in a Native American language for parents of students enrolled in a Native American language nest (including Native American language-speaking parents);

(3)

provide compulsory monthly meetings for parents and other family members of students enrolled in a Native American language nest;

(4)

provide a preference in enrollment for students and families who are fluent in a Native American language;

(5)

receive at least 5 percent of the funding for the program from another source, which may include any federally funded program (such as a Head Start program funded under the Head Start Act (42 U.S.C. 9831 et seq.)); and

(6)

ensure that a Native American language becomes the dominant medium of instruction in the Native American language nest not later than 6 years after the date on which the Native American language nest first receives funding under this title.

109.

Native American language survival schools

(a)

In general

The Secretary may make grants to, or enter into contracts with, Native American language educational organizations, Native American language colleges or universities where such languages are taught, Indian tribal governments, or consortia of such entities, to operate, expand, and increase the number of Native American language survival schools throughout the United States and the territories of the United States for Native American children and Native American language-speaking children.

(b)

Eligibility

As a condition of receiving funds under subsection (a), a Native American language educational organization, a Native American language college or universities where such languages are taught, an Indian tribal government, or a consortium of such entities—

(1)

shall have at least 3 years experience in operating and administering—

(A)

a Native American language survival school;

(B)

a Native American language nest; or

(C)

any other educational program in which instruction is conducted in a Native American language;

(2)

shall include students who are subject to State compulsory education laws; and

(3)

may include—

(A)

students from infancy through grade 12; and

(B)

the families of the students.

(c)

Priority

In making grants or entering into contracts under this section, the Secretary shall give priority to—

(1)

the provision of direct educational services;

(2)

applicants that have the support of each appropriate tribal government;

(3)

applicants that have researched language revitalization and the unique characteristics and circumstances of the languages of their schools; and

(4)

applicants that are geographically placed amongst a high density of potential Native American and other students.

(d)

Use of funds

(1)

Required uses

A Native American language survival school receiving funds under this section—

(A)

shall consist of not less than 700 hours of instruction per student conducted annually through 1 or more Native American languages for at least 15 students for whom a Native American language survival school is their principal place of instruction;

(B)

shall provide direct educational services and school support services to students, which may include—

(i)

support services for children with special needs;

(ii)

transportation;

(iii)

boarding;

(iv)

food service;

(v)

teacher and staff housing;

(vi)

purchase of basic materials;

(vii)

adaptation of teaching materials;

(viii)

translation and development; and

(ix)

other appropriate services;

(C)
(i)

shall provide direct or indirect educational and support services for the families of enrolled students on site, through colleges, or through other means to increase the families’ knowledge and use of the Native American language and culture; and

(ii)

may impose a requirement of family participation as a condition of student enrollment; and

(D)

shall ensure that within 4 years of enrollment, all students achieve functional fluency in a Native American language that is appropriate to the unique circumstances and endangerment status of the Native American language, with the ultimate goal of academic or cognitive fluency.

(2)

Permissible uses

A Native American language survival school receiving funds under this section may—

(A)

include Native American language nests and other educational programs for students who—

(i)

are not Native American language speakers; but

(ii)

seek—

(I)

to establish fluency through instruction in a Native American language; or

(II)

to reestablish fluency as descendants of Native American language speakers;

(B)

provide instruction through more than 1 language;

(C)

provide instruction through a regional program (as opposed to 1 site) to better serve geographically dispersed students;

(D)

include a program of concurrent and summer college or university education course enrollment for secondary school students enrolled in the Native American language survival school;

(E)

provide special support for Native American languages for which there are very few or no remaining Native American language speakers;

(F)

develop comprehensive curricula in Native American language instruction and instruction through Native American languages, including—

(i)

curricula that can be used by public schools for—

(I)

instruction through a Native American language; or

(II)

teaching Native American languages as subjects;

(ii)

community Native American language use in communities served by Native American language survival schools; and

(iii)

knowledge of a specific Native American language gained through research for the purpose of directly aiding the development of curriculum materials;

(G)

provide programs in pre-service and in-service teacher training, staff training, personnel development, upgrading of teacher and staff skills, and community resource development training, that shall include a program component that has as the objective of the program component increased speaking proficiency in Native American languages for teachers and staff employed in Native American language survival schools and Native American language nests, which may include—

(i)

visits or exchanges among Native American language survival schools and Native American language nests of teachers, staff, students, or families of students;

(ii)

participation in conferences or special nondegree programs focusing on the use of 1 or more Native American languages for the education of teachers, staff, students, or families of students;

(iii)

subject to paragraph (3), full or partial scholarships and fellowships to colleges or universities—

(I)

to provide for the professional development of faculty and staff;

(II)

to meet requirements for the involvement of the family or the community of Native American language survival school students in Native American language survival schools; and

(III)

to develop resource personnel for Native American language programs in public schools;

(iv)

training in the language and culture associated with a Native American language survival school that is provided by a community or academic expert, including credit courses;

(v)

structuring of personnel operations to support Native American language and cultural fluency and program effectiveness;

(vi)

Native American language planning, documentation, reference material, and archives development; and

(vii)

recruitment for participation in teacher, staff, student, and community development; or

(H)

rent, lease, purchase, construct, maintain, or repair educational facilities to ensure the academic achievement of Native American language survival school students.

(3)

Requirements for recipients of fellowships or scholarships

A recipient of a fellowship or scholarship under paragraph (2)(G)(iii) who is enrolled in a program leading to a degree or certificate shall—

(A)

be trained in the Native American language of the Native American language survival school, if such program is available through that Native American language;

(B)

complete a minimum annual number of hours in Native American language study or training during the period of the fellowship or scholarship; and

(C)

enter into a contract that obligates the recipient to provide the recipient’s professional services, during the period of the fellowship or scholarship or on completion of a degree or certificate, in Native American language instruction in the Native American language associated with the Native American language survival school in which the service obligation is to be fulfilled.

110.

Demonstration program

(a)

Establishment

The Secretary shall make grants, or enter into contracts, to establish 1 demonstration program that will provide assistance to Native American language survival schools and Native American language nests.

(b)

Location

The demonstration program shall be established at a Carnegie Research-Extensive University (as defined under the Carnegie Classification of Institutions of Higher Education) that—

(1)

has substantial Native American enrollment;

(2)

has a Native American language program;

(3)

is located in a State in which at least 7 Native American languages are spoken; and

(4)

is located near Native American communities that have Native American language speakers.

(c)

Purpose

The purpose of the demonstration program shall be the following:

(1)

Assisting in establishing, conducting, and administering community-based Native American language nests or Native American language survival schools by—

(A)

developing community leadership for Native American language programs;

(B)

training Native American language mentors; and

(C)

conducting community education and outreach on Native American language issues.

(2)

Assisting in developing training programs for Native American language speakers and teachers through—

(A)

on-site training and university or college courses;

(B)

summer training institutes;

(C)

materials-development workshops; and

(D)

regional seminars on Native American language issues.

(3)

Examining the affects of local, State and Federal education policies on the long-term survival of Native American languages.

(4)

Examining the impact of culturally-responsive curricula on Native American languages.

(d)

Use of technology

The demonstration program established under this section may employ synchronic and asynchronic telecommunications and other appropriate means to maintain coordination and cooperation with participating Native American language survival schools and Native American language nests.

(e)

Site visit evaluations

The demonstration program established under this section shall provide direction to the Secretary in developing a site visit evaluation of Native American language survival schools and Native American language nests.

(f)

Follow-up and data collection

The demonstration program established under this section may conduct follow-up data collection and analysis on students while the students are in school—

(1)

to assess how Native American language survival school students are performing in comparison with other students; and

(2)

to identify instructional methods that are working and instructional methods that are not working.

(g)

Endowments and facilities

The demonstration program established under this section may—

(1)

establish endowments to further the activities of the demonstration program relating to the study and preservation of Native American languages; and

(2)

use funds to provide for the rental, lease, purchase, construction, maintenance, and repair of facilities.

111.

Authorization of appropriations

There are authorized to be appropriated to carry out this title such sums as are necessary for each of fiscal years 2007 through 2012.

.