Sec. 5. Native American student support

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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: 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). . The Secretary of Education shall expand programs for Native American school children— to provide support for learning in the children's Native language and culture; and to provide English language instruction.

The Comptroller General of the United States shall conduct research on culture- and language-based education to identify the factors that improve education and health outcomes. 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: Notwithstanding any other provision of law, the requirements of subsection

(a)for local educational agencies and States with respect to highly qualified teachers, shall not apply to a teacher of a Native language. Each State educational agency receiving assistance under this part shall develop an alternative licensure or certification for teachers of a Native language. . In this subsection: The term Commissioner means the Commissioner of the Administration for Native Americans in the Department of Health and Human Services (established under section 803B of the Native American Programs Act of 1974 (42 U.S.C. 2991b–2)). 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) ). The Commissioner 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. An eligible entity may use amounts received under this subsection to carry out activities that ensure the survival and continuing vitality of Native American languages, including— 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; the establishment of projects that train Native Americans to— teach a Native American language to others; or serve as interpreters or translators of a Native American language; the development, printing, and dissemination of materials to be used for the teaching and enhancement of a Native American language; 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; the compilation, transcription, and analysis of oral testimony to record and preserve a Native American language; the purchase of equipment, including audio and video recording equipment, computers, and software, required to carry out a Native American language project; and the establishment of Native American language nests, which are site-based educational programs that— 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; 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 ensure that a Native American language is the dominant medium of instruction in the Native American language nest; the establishment of Native American language survival schools, which are site-based educational programs for school-age students that— 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; develop instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; provide for teacher training; work toward a goal of all students achieving— fluency in a Native American language; and academic proficiency in mathematics, reading (or language arts), and science; and are located in areas that have high numbers or percentages of Native American students; and the establishment of Native American language restoration programs, which are educational programs that— operate at least 1 Native American language program for the community that the educational program serves; provide training programs for teachers of Native American languages; develop instructional materials for the Native American language restoration programs; work toward a goal of increasing proficiency and fluency in at least 1 Native American language; and provide instruction in at least 1 Native American language. An eligible entity carrying out a program described in subparagraph (A)(vii)(III) may use amounts made available under this section to carry out— Native American language programs, including— Native American language immersion programs; Native American language and culture camps; Native American language programs provided in coordination and cooperation with educational entities; Native American language programs provided in coordination and cooperation with institutions of higher education with expertise in the relevant Native language, particularly Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )); Native American language programs that use a master-apprentice model of learning languages; and Native American language programs provided through a regional program to better serve geographically dispersed students; Native American language teacher training programs, including— training programs in Native American language translation for fluent speakers; training programs for Native American language teachers; and training programs for teachers in the use of Native American language materials, tools, and interactive media to teach Native American language; and the development of Native American language materials, including books, audio and visual tools, and interactive media programs. Subject to subparagraph (B), in awarding a grant under this subsection, the Commissioner shall select applicants from among eligible entities on the basis of applications submitted to the Commissioner at such time, in such form, and containing such information as the Commissioner requires. An application under subparagraph

(A)shall include, at a minimum— 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; a detailed description of the project for which the grant is requested; a statement that the objectives of the project are in accordance with the purposes of this subsection; a detailed description of the plan of the applicant to evaluate the project; if appropriate, an identification of opportunities for the replication or modification of the project for use by other Native Americans; 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 in the case of an application for a grant to carry out any purpose specified in paragraph (3)(A)(vii)(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. 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. The Federal share of the total cost of a program under this subsection shall not exceed 80 percent. The non-Federal share of the cost of a program under this subsection may be provided in cash or fairly evaluated in-kind contributions, including facilities, equipment, or services. The non-Federal share— may be provided from any private or non-Federal source; and may include amounts (including interest) distributed to an Indian tribe— by the Federal Government pursuant to the satisfaction of a claim made under Federal law; from amounts collected and administered by the Federal Government on behalf of an Indian tribe or the members of an Indian tribe; or by the Federal Government for general tribal administration or tribal development under a formula or subject to a tribal budgeting priority system, including— amounts involved in the settlement of land or other judgment claims; severance or other royalty payments; or payments under the Indian Self-Determination Act ( 25 U.S.C. 450f et seq. ) or a tribal budget priority system. Subject to clause (ii), the Commissioner may make grants made under this subsection on a 1-year, 2-year, or 3-year basis. The Commissioner shall only make a grant available under paragraph (3)(A)(vii)(III) on a 3-year basis. Not later than 180 days after date of enactment of this subsection, the Commissioner shall appoint a panel of experts for the purpose of assisting the Commissioner to review— applications submitted under paragraph (4); evaluations carried out to comply with paragraph (4)(B)(iv); and the preservation of products required by paragraph (4)(B)(vi). The panel shall include— a designee of the Institute of American Indian and Alaska Native Culture and Arts Development; representatives of national, tribal, and regional organizations that focus on Native American language or Native American cultural research, development, or training; and other individuals who are recognized as experts in the area of Native American language. The Commissioner shall solicit recommendations for appointments to the panel from Indian tribes and tribal organizations. The duties of the panel shall include— making recommendations regarding the development and implementation of regulations, policies, procedures, and rules of general applicability with respect to the administration of this subsection; reviewing applications received under paragraph (4); providing to the Commissioner a list of recommendations for the approval of applications in accordance with— regulations issued by the Secretary of Health and Human Services; and the relative need for the project; and reviewing evaluations submitted to comply with paragraph (4)(B)(iv). Subject to clause (ii), 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 subsection— shall be transmitted— to the Institute of American Indian and Alaska Native Culture and Arts Development; and to the Tribal Colleges or Universities where the language addressed in the grant program is inherent; and may be transmitted, at the discretion of the grantee, to national and regional repositories of similar material. 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 subclause (II), an Indian tribe may make a determination— not to transmit a copy of a product under clause (i); not to permit the redistribution of a copy of a product transmitted under clause (i); or to restrict in any manner the use or redistribution of a copy of a product transmitted under clause (i). Subclause

(I)does not authorize an Indian tribe— to limit the access of the Commissioner to a product described in clause

(i)for purposes of administering this subsection or evaluating the product; or to sell a product described in clause (i), or a copy of that product, for profit to the entities referred to in clause (i). There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2014 through 2019. Section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ) is repealed. Section 816 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d ) is amended— 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); 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 by striking subsection (e).

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