H.R. 3568 (112th): Native Culture, Language, and Access for Success in Schools Act

112th Congress, 2011–2013. Text as of Dec 06, 2011 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

1st Session

H. R. 3568

IN THE HOUSE OF REPRESENTATIVES

December 6, 2011

(for himself and Ms. McCollum) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To improve Indian education, and for other purposes.

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.

I

Elementary and Secondary Education Act of 1965

A

Improving the academic achievement of the disadvantaged

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)—

(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:

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—

(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

(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);

.

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).

.

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.

.

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;

(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:

3

Education Programs for Indian Children and Youth

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;

(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.

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, 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.

.

B

Preparing, training, and recruiting high-Quality teachers and principals

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,; and

(G)

by inserting after subpart 5, the following:

6

Indian Educator Scholarship Program

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

(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—

(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; and

(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.

C

Native American Languages Programs

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:

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.

.

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:

5

State and tribal education agency agreements

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.

(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.

.

D

21st century schools

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:

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.

.

E

Indian, Native Hawaiian, and Alaska Native education

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;

.

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:

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.

.

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

(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.

.

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.

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; and

(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 following:

(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.

.

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 (10) (as redesignated by subparagraph (A)), by striking , consistent with State standards; and

(F)

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;

(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.

.

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.

.

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:

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.

.

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.

160.

Tribal educational agency cooperative agreements

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:

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 to 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.

.

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:

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; and

(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.

.

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:

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 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.

.

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:

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.

.

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:

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.

.

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:

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.

(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.

.

166.

Authorization of appropriations

Section 7152 (20 U.S.C. 7492) is amended to read as follows:

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.

.

F

Impact aid

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 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.

.

G

General provisions

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.

.

182.

Applicability of ESEA to Bureau of Indian Education Schools

Section 9103 (20 U.S.C. 7821) is amended to read as follows:

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.

.

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:

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.

.

II

Amendments to other laws

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;

(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.

.

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.

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

(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), one 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.

.

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.

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:

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.

.

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.

.

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:

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.

.

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 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).

III

Additional education provisions

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.

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; and

(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 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).

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.

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.

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.

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.

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 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).

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.