Sec. 7001. Indian education
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Part A of title VII ( 20 U.S.C. 7401 et seq. ) is amended— by striking section 7102 and inserting the following: It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— to ensure the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs, consistent with section 1111; to ensure that American Indian and Alaska Native students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and to ensure that teachers, principals, other school leaders, and other staff who serve American Indian and Alaska Native students have the ability to provide effective instruction and supports to such students. ; by striking section 7111 and inserting the following:
It is the purpose of this subpart to support local educational agencies in developing elementary school and secondary school programs for American Indian and Alaska Native students that are designed to— meet the unique cultural, language, and educational needs of such students; and ensure that all students meet the challenging State academic standards adopted under section 1111(b). ; in section 7112— by striking subsection
(a)and inserting the following: The Secretary may make grants, from allocations made under section 7113, and in accordance with this section and section 7113, to— local educational agencies; Indian tribes; and consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, provided that each local educational agency participating in such a consortium— provides an assurance that the eligible Indian children served by such local educational agency receive the services of the programs funded under this subpart; and is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart. ; in subsection (b)— in paragraph (1), by striking A local educational agency shall and inserting Subject to paragraph (2), a local educational agency shall ; by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe— represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and requests that the local educational agency enter into a cooperative agreement under this subpart. ; and by striking subsection
(c)and inserting the following: If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. An Indian tribe that operates a public school and that is not affiliated with either a local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph
(1)or
(2)as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 7114 or section 7118(c) or 7119. An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph
(1)shall include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart, an Indian community-based organization serving the community of the local educational agency may apply for such grant. The Secretary shall apply the special rule in subsection (c)(3) to an Indian community-based organization applying or receiving a grant under paragraph
(1)in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium. In this subsection, the term Indian community-based organization means any organization that— is composed primarily of Indian parents and community members, tribal government education officials, and tribal members from a specific community; assists in the social, cultural, and educational development of Indians in such community; meets the unique cultural, language, and academic needs of Indian students; and demonstrates organizational capacity to manage the grant. A local educational agency, Indian tribe, or Indian organization that meets the eligibility requirements under this section may form a consortium with other eligible local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. In any case where 2 or more local educational agencies, Indian tribes, or Indian organizations that are eligible under subsection
(b)form or participate in a consortium to obtain a grant, or operate a program, under this subpart, each local educational agency, Indian tribe, and Indian organization participating in such a consortium shall— provide, in the application submitted under section 7114, an assurance that the eligible Indian children served by such local educational agency, Indian tribe, and Indian organization will receive the services of the programs funded under this subpart; and agree to be subject to all requirements, assurances, and obligations applicable to a local educational agency, Indian tribe, and Indian organization receiving a grant under this subpart. ; in section 7113— in subsection (b)(1), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and in subsection (d)— in the subsection heading, by striking and inserting Indian Affairs ; and Indian Education in paragraph (1)(A)(i), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; in section 7114— in subsection (a), by inserting Indian tribe, or consortia as described in section 7113(b)(2) after Each local educational agency, ; in subsection (b)— in paragraph (2)— in subparagraph (A), by striking is consistent with the State and local plans and inserting supports the State, tribal, and local plans ; and by striking subparagraph
(B)and inserting the following: includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under title I for all students; ; by striking paragraph
(3)and inserting the following: explains how the local educational agency, tribe, or consortium will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of such students; ; in paragraph (5)(B), by striking and after the semicolon; in paragraph (6)— in subparagraph (B)— in clause (i), by striking and after the semicolon; and by adding at the end the following: the Indian tribes whose children are served by the local educational agency, consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ); and ; and in subparagraph (C), by striking the period at the end and inserting ; and ; and by adding at the end the following: describes the process the local educational agency used to collaborate with Indian tribes located in the community in the development of the comprehensive programs and the actions taken as a result of such collaboration. ; in subsection (c)— in paragraph (1), by striking the education of Indian children, and inserting services and activities consistent with those described in this subpart, ; in paragraph (2)— in subparagraph (A), by striking and after the semicolon; in subparagraph (B), by striking served by such agency; and inserting served by such agency, and meet program objectives and outcomes for activities under this subpart; and ; and by adding at the end the following: determine the extent to which such activities address the unique cultural, language, and educational needs of Indian students; ; in paragraph (3)(C)— by inserting representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribe has any children in such school, after parents of Indian children and teachers, ; and by striking and after the semicolon; in paragraph (4)— in subparagraph (A)— in clause (i), by inserting and family members after parents ; by redesignating clauses
(ii)and
(iii)as clauses
(iii)and (iv), respectively; and by inserting after clause
(i)the following: representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribe has any children in such school; ; by striking subparagraph
(B)and inserting the following: a majority of whose members are parents and family members of Indian children and representatives of Indian tribes described in subparagraph (A)(ii), as applicable; ; in subparagraph (C), by inserting and family members after , parents ; in subparagraph (D)(ii), by striking and after the semicolon; in subparagraph (E), by striking the period at the end and inserting ; and ; and by adding at the end the following: that will determine the extent to which the activities of the local educational agency will address the unique cultural, linguistic, and educational needs of Indian students; ; and by adding at the end the following: the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency; the local educational agency conducted outreach to parents and family members to meet the requirements under this paragraph; and the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart. ; and by adding at the end the following: 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 such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities to submit applications for such grants. The Secretary shall, directly or by contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request (in addition to any technical assistance available under other provisions 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— the development of applications under this subpart; improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and integration of activities under this subpart with other educational activities carried out by the local educational agency. ; in section 7115— in subsection (a)— in paragraph (1), by inserting solely for the services and activities described in such application after under section 7114(a) ; and in paragraph (2), by inserting to be responsive to the unique learning styles of Indian and Alaska Native children after Indian students ; by striking subsection
(b)and inserting the following: The services and activities referred to in subsection
(a)may include— activities that support Native American language programs and Native American language restoration programs, which may be taught by traditional leaders; culturally related activities that support the program described in the application submitted by the local educational agency; high-quality early childhood and family programs that emphasize school readiness; enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards described in 1111(b); integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental involvement in school activities and increase student achievement; career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Act of 2006, including programs for tech-prep education, mentoring, and apprenticeship; activities to educate individuals so as to prevent violence, suicide, and substance abuse; the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 7111; activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; family literacy services; activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; and dropout prevention strategies and strategies to— meet the educational needs of at-risk Indian students in correctional facilities; and support Indian students who are transitioning from such facilities to schools served by local educational agencies. ; in subsection (c)— in paragraph (1), by striking and after the semicolon; in paragraph (2), by striking the period and inserting ; and ; and by adding at the end the following: the local educational agency identifies in its application how the use of such funds in a schoolwide program will provide benefits to Indian students. ; and by adding at the end the following: Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities available locally or regionally. ; in section 7116— in subsection (g)— by striking No Child Left Behind Act of 2001 and inserting Every Child Achieves Act of 2015 ; by inserting the Secretary of Health and Human Services, after the Secretary of the Interior, ; and by inserting and coordination after providing for the implementation ; and in subsection (o)— in paragraph (1), by striking Not later than 2 years after the date of enactment of the No Child Left Behind Act of 2001, and inserting Not later than 2 years after date of enactment of the Every Child Achieves Act of 2015, and every 5 years thereafter, ; and by striking paragraph
(2)and inserting the following: The report required under paragraph
(1)shall identify— any statutory barriers to the ability of participants to more effectively integrate their education and related services to Indian students in a manner consistent with the objectives of this section; and the effective practices for program integration that result in increased student achievement, graduation rates, and other relevant outcomes for Indian students. ; in section 7117— in subsection (b)(1)— in subparagraph (A)(ii), by inserting or membership after the enrollment ; and in subparagraph (B), by inserting or membership after the enrollment ; by striking subsection
(e)and inserting the following: For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection
(b)shall be construed to require the furnishing of an enrollment number. 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 shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. An Indian student eligibility form that was on file as required by this section on the day before the date of enactment of the Every Child Achieves Act of 2015 and that met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall remain valid for such Indian student. ; in subsection (g), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and by adding at the end the following: The Secretary shall, directly or through contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request, in addition to any technical assistance available under section 1114 or available through the Institute of Education Sciences, to support the services and activities described under this section, including for the— development of applications under this section; improvement in the quality of implementation, content of activities, and evaluation of activities supported under this subpart; integration of activities under this title with other educational activities established by the local educational agency; and coordination of activities under this title with programs administered by each Federal agency providing grants for the provision of educational and related services and sharing of best practices. ; in section 7118, by striking subsection
(c)and inserting the following: Each local educational agency shall maintain fiscal effort in accordance with section 9521 or be subject to reduced payments under this subpart in accordance with such section 9521. ; in section 7121— by striking the section header and inserting the following: ; in subsection (a)— in paragraph (1), by inserting and youth after Indian children ; and in paragraph (2)(B), by inserting and youth after Alaska Native children ; in subsection (b), by striking Indian institution (including an Indian institution of higher education) and inserting a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965) ; in subsection (c)— in paragraph (1)— in subparagraph (A), by inserting and youth after disadvantaged children ; in subparagraph (B), by inserting and youth after such children ; in subparagraph (D), by inserting and youth after Indian children ; in subparagraph (E), by inserting and youth after Indian children both places the term appears; by striking subparagraph
(G)and inserting the following: high-quality early childhood education programs that are effective in preparing young children to be making sufficient academic progress by the end of grade 3, including kindergarten and prekindergarten programs, family-based preschool programs that emphasize school readiness, and the provision of services to Indian children with disabilities; ; and in subparagraph (L)— by striking appropriately qualified tribal elders and seniors and inserting traditional leaders ; and by inserting and youth after Indian children ; in paragraph (2), by striking Professional development and inserting High-quality professional development ; in subsection (d)— in paragraph (1)(C), by striking make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the Secretary determines and inserting award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines ; and in paragraph (3)(B)— in clause (i), by striking parents of Indian children and inserting parents and family of Indian children ; and in clause (iii), by striking information demonstrating that the proposed program for the activities is a scientifically based research program and inserting evidence demonstrating that the proposed program is an evidence-based program ; and by adding at the end the following: Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Every Child Achieves Act of 2015 may continue to carry out such activities after such date of enactment under such grant in accordance with the terms of such grant award. ; in section 7122— in subsection (a)— in the subsection heading, by striking and inserting Purposes ; Purpose in the matter preceding paragraph (1), by striking The purposes of this section are and inserting The purpose of this section is ; in paragraph (1), by striking individuals in teaching or other education professions that serve Indian people and inserting or Alaska Native teachers and administrators serving Indian or Alaska Native students ; in paragraph (2)— by inserting and support after to provide training ; by inserting or Alaska Native after Indian ; by striking teachers, administrators, teacher aides and inserting effective teachers, principals, other school leaders, administrators, teacher aides, counselors ; by striking ancillary educational personnel and inserting specialized instructional support personnel ; and by striking and after the semicolon; in paragraph (3)— by inserting or Alaska Native after Indian ; and by striking the period at the end and inserting ; and ; and by adding at the end the following: to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian or Alaska Native students improve their academic achievement, outcomes, and preparation for postsecondary education or the workforce without the need for postsecondary remediation. ; in subsection (b)— in paragraph (1), by striking including an Indian institution of higher education and inserting including a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ; and in paragraph (4), by inserting in a consortium with at least one Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965, where feasible before the period at the end; in subsection (d)— in paragraph (1)— in the first sentence— by inserting or Alaska Native after Indian ; and by striking purposes and inserting purpose ; and by striking the second sentence and inserting Such activities may include— continuing education programs, symposia, workshops, and conferences; teacher mentoring programs, professional guidance, and instructional support provided by educators, local tribal elders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers; direct financial support; and programs designed to train tribal elders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and support. ; and in paragraph (2), by adding at the end the following: Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Every Child Achieves Act of 2015 may continue to carry out such activities under such grant in accordance with the terms of that award. ; by striking subsection
(e)and inserting the following: 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. At a minimum, an application under this section shall describe how the eligible entity will— recruit qualified Indian or Alaska Native individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders; use funds made available under the grant to support the recruitment, preparation, and professional development of Indian or Alaska Native teachers or principals in local educational agencies that serve a high proportion of Indian or Alaska Native students; and assist participants in meeting the requirements under subsection (h). ; in subsection (f)— by redesignating paragraphs
(1)and
(2)as paragraphs
(2)and (3), respectively; by inserting before paragraph (2), as redesignated by clause (i), the following: may give priority to tribally chartered and federally chartered institutions of higher education; ; and in paragraph (3), as redesignated by clause (i), by striking basis of and all that follows through the period at the end and inserting basis of the length of any period for which the eligible entity has received a grant. ; by striking subsection
(g)and inserting the following: The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. ; and in subsection (h)(1)(A)(ii), by striking people and inserting students in a local educational agency that serves a high proportion of Indian or Alaska Native students ; by striking section 7135 and inserting the following: The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to— promote tribal self-determination in education; improve the academic achievement of Indian children and youth; and promote the coordination and collaboration of tribal educational agencies with State and local educational agencies to meet the unique educational and culturally related academic needs of Indian students. In this section: In this section, the term eligible applicant means— an Indian tribe or tribal organization approved by an Indian tribe; or a tribal educational agency. The term Indian tribe means a federally recognized tribe or a State-recognized tribe. The term tribal educational agency means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education. The Secretary may award grants to— eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to— directly administer education programs, including formula grant programs under this Act, consistent with State law and under a written agreement between the parties; build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe; receive training and support from the State educational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed; train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture; build on existing activities or resources rather than replacing other funds; and carry out other activities, subject to the approval of the Secretary. Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, containing such information, and consistent with such criteria, as the Secretary may reasonably prescribe. Each application described in paragraph
(1)shall contain— a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are achieved; and for applications for activities under subsection (c)(2), evidence of— a preliminary agreement with the appropriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and existing capacity as a tribal educational agency. The Secretary may approve an application submitted by an eligible applicant under this subsection only if the Secretary is satisfied that such application, including any documentation submitted with the application— demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that will be affected by the activities to be conducted under the grant; provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought. A tribe may not receive funds under this section if such tribe receives funds under section 1140 of the Education Amendments of 1978. No funds under this section may be used to provide direct services. Funds under this section shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students. ; in section 7141(b)(1), by inserting and the Secretary of the Interior after advise the Secretary ; in section 7151, by adding at the end the following: The term traditional leaders has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). ; and in section 7152— in subsection (a), by striking $96,400,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; and in subsection
(b)by striking $24,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 .
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