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Code · BILL · 117th Congress · S. 5186 (Introduced in Senate) — To ensure progress toward the fulfillment by the Federal Government of its trust and treaty obligations to Native Ame... · Sec. 309

Sec. 309. Support for Native students and educators in Native-serving schools

2,731 words·~12 min read·/bill/117/s/5186/is/section-309

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The purpose of this section is to address the shortage of qualified teachers serving American Indian, Alaska Native, and Native Hawaiian elementary school and secondary school students by attracting, and retaining, quality teachers to Native-serving schools, while also increasing the number of American Indian, Alaska Native, and Native Hawaiian teachers in those schools. Part B of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1031 et seq. ) is amended by adding at the end the following:
In this subpart: The term Bureau-funded school has the meaning given that term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). The term Bureau of Indian Education early childhood development program means a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ). The term eligible educator means an individual who— received a stipend and mentoring under section 259B; completed the individual's program of study and earned an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education; and obtains full-time employment in a Native-serving school.
The term eligible student means an individual who— is an Indian or a Native Hawaiian; is pursuing an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education; and in the case of an undergraduate student, has completed not less than 2 years of study toward the degree described in subparagraph (B). The term Indian has the meaning given such term in section 316(b). The term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ).
The term Native-serving school means— a Bureau-funded school, including a Bureau of Indian Education early childhood development program; a public elementary school or secondary school that, for the school year during which an eligible student or eligible educator is employed at such school for purposes of section 259B(d)(2)(B) or 259C, respectively— has a student enrollment of 25 percent or more Indian or Native Hawaiian students; and is located in the school district of a local educational agency eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965; a tribal early childhood education program; or a federally funded early childhood education program that serves a significant number of Native students, as determined by the Secretary in consultation with Indian tribes and in collaboration with a Native Hawaiian organization.
The term tribal early childhood education program means any of the following programs: A Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ) that is located in Head Start region IX or XI. A tribal child care and development program carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ). A program serving children from birth through age 6 that— receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); is a tribal prekindergarten program; is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act with a student enrollment of 25 percent or more Indian or Native Hawaiian students; or is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian tribe or a Native Hawaiian organization.
The term tribal educational agency has the meaning given the term in section 6132(b) of the Elementary and Secondary Education Act of 1965. From amounts made available to carry out this section, the Secretary shall carry out a program under which the Secretary provides stipends under subsection
(b)and mentoring through grants under subsection
(c)to eligible students, in order to increase the number of Native teachers in Native-serving schools. A stipend provided under this section shall be in an amount equal to $1,500 a month, for each month during the period in which the student is enrolled, on a full-time or part-time basis, in a program leading to an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration from an institution of higher education and until the eligible student obtains the degree. The Secretary shall award grants, on a competitive basis, to institutions of higher education serving American Indian, Alaska Native, or Native Hawaiian students, to enable the institution to establish programs that provide mentoring to all eligible students receiving a stipend under this section. An eligible student desiring a stipend and mentoring under this section shall submit an application— at such time and in such manner as the Secretary shall require; and that includes— a commitment to continue pursuing an undergraduate or graduate degree in early childhood education, elementary or secondary education, or school administration at an institution of higher education during the period for which the eligible student receives a stipend; and a commitment to serve, upon completion of the degree described in subparagraph (A), in a Native-serving school for a minimum of 3 years. The Secretary shall annually prepare and submit to Congress a report regarding the program carried out under this section, which shall include the numbers and percentages of— eligible students receiving assistance under this section who complete their undergraduate or graduate degree; such students who begin teaching in a Native-serving school upon completion of the degree; and such students who teach in a Native-serving school for 3 years or more. The Secretary shall carry out a program through which the Secretary provides bonuses described in subsection
(b)and mentoring through grants under subsection
(c)to eligible educators employed in Native-serving schools, in order to address— the compensation gap between teaching and other professions; and the additional living expenses that eligible educators face in order to work in Native-serving schools. The amount of a bonus under this section shall be— not less than $10,000 for each year of full-time teaching; and increased by $2,000 for each year that the eligible educator is employed in a Native-serving school. The Secretary shall award grants, on a competitive basis, to local educational agencies serving Native-serving schools to enable the local educational agencies to establish teacher mentorship programs that provide mentoring to all eligible educators receiving a bonus under this section for the first 3 years of the eligible educator’s employment in a Native-serving school. An eligible educator desiring a bonus and mentoring under this section shall submit an application— at such time and in such manner as the Secretary shall determine; and identifying the Native-serving school in which the eligible educator is employed. The Secretary shall annually prepare and submit to Congress a report regarding the program carried out under this section, which shall include the numbers and percentages of eligible educators receiving bonuses under this section who teach in Native-serving schools for not less than 3 years. . Title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. ) is amended by adding at the end the following: The purposes of this section are— to improve the skills of qualified individuals who are Indian or Native Hawaiian or who teach Indian or Native Hawaiian people; to provide an incentive for qualified educators to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian or Native Hawaiian communities; and to increase the retention of highly skilled Indian or Native Hawaiian educators in elementary schools and secondary schools seeking to better incorporate Indian or Native Hawaiian culture and history into the general curriculum. In this section: The term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). The term eligible entity means— a State educational agency in consortium with an institution of higher education; a local educational agency in consortium with an institution of higher education; an Indian tribe or organization or a Native Hawaiian organization, in consortium with a local educational agency and an institution of higher education; an Indian tribe or organization, in consortium with a Bureau-funded school and an institution of higher education; or a Bureau-funded school in consortium with an institution of higher education. The term eligible educator means— a teacher who teaches a minimum number of Indian or Native Hawaiian students, as determined by the Secretary in consultation with Indian tribes or in collaboration with a Native Hawaiian organization; or a teacher who is Indian or Native Hawaiian. The term Indian has the meaning given the term in section 6151. The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term Native Hawaiian has the meaning given the term in section 6207. The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to— reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section. 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 the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph
(B)of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph
(A)of such subsection, the eligible entity shall provide an assurance that grant funds will support only those educators who are Native Hawaiian or tribally enrolled or affiliated with an Indian tribe. In awarding grants under this section, the Secretary shall determine the amount and duration of each grant, which shall not exceed 5 years. The Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section. For every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary. The Secretary shall disseminate each report described in this subsection to each of the following: The Committee on Health, Education, Labor, and Pensions of the Senate. The Committee on Indian Affairs of the Senate. The Subcommittee for Indigenous Peoples of the United States of the Committee on Natural Resources of the House of Representatives. The Committee on Education and Labor of the House of Representatives. . The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 6306 the following: Part D—National Board certification incentive program Sec. 6401. National Board certification incentive program. . Part A of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1057 et seq. ) is amended by adding at the end the following: In this section: Notwithstanding section 312(b), the term eligible institution means— a Tribal College or University; an Alaska Native-serving institution, as defined in section 317(b); or a Native Hawaiian-serving institution, as defined in section 317(b). The term Native American language has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). The term Tribal College or University has the meaning given the term in section 316(b). The purpose of this section is to support eligible institutions in preserving and revitalizing endangered Native American languages through curriculum development, instruction, student support, and innovative early childhood education programs and community-based partnerships. The Secretary shall establish a program, to be known as the Tribal College or University Native American Language Vitalization and Training Program , to award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in subsection (d). Grants awarded under this section shall be used for one or more of the following activities: Native American language-oriented curriculum development and academic and community-based instruction, including educational activities, programs, and partnerships relating to students in early childhood education programs and in kindergarten through grade 12. Native American language-oriented professional development for faculty of eligible institutions, and Native American language-oriented in-service training programs for instructors and administrators of early childhood education programs, elementary schools, and secondary schools. Innovative Native American language programs for students in early childhood education programs and in kindergarten through grade 12, including language immersion programs. Other activities proposed in the application submitted under subsection
(e)that— contribute to carrying out the purposes of this section; and are approved by the Secretary in the review and acceptance of such application. An eligible institution desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, consistent with the purpose of this section. Notwithstanding section 393, the Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. An application under this subsection shall include a plan for the program proposed by the eligible institution receiving the grant, including— a description of a 5-year strategy of the eligible institution for meeting the needs of American Indians, Alaska Natives, Native Hawaiians, or Native American Pacific Islanders, as appropriate, in the area served by the institution, and how such plan is consistent with the purpose described in subsection (b); an identification of the population to be served by the eligible institution; an identification of the status of Native American language understanding and use within that population; and a description of the manner in which the program will help preserve and revitalize the relevant Native American language; a description of the services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities of the relevant community; and a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution in carrying out the program. In awarding grants under this section with funds described in section 399(a)(1)(G)(i), the Secretary shall give priority to eligible institutions that received funding under section 316 in fiscal year 2022. An eligible institution that is a Tribal College or University may, concurrently, receive a grant under this section and funds under section 316. An eligible institution that is an Alaska Native-serving institution or Native Hawaiian-serving institution may, concurrently, receive a grant under this section and funds under section 317. Sections 311(d), 313(d), 314, 315, 316(d)(3), 317(d)(3), 318(i), 319(d)(3), 320(d)(3), and 391 shall not apply with respect to a grant awarded under this section. . Section 399(a)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1068h(a)(1) ) is amended— in subparagraph (A), by striking 320 and inserting 320B ; and by adding at the end the following: There is authorized to be appropriated to carry out section 320A, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $40,000,000 for each of fiscal years 2023 through 2028, of which, for each fiscal year— $35,000,000 shall be available for eligible institutions that are Tribal Colleges or Universities, as described in section 320A(a)(1)(A); and $5,000,000 shall be available for eligible institutions described in subparagraph
(B)or
(C)of section 320A(a)(1). There is authorized to be appropriated to carry out section 320B, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, $5,000,000 for each of fiscal years 2023 through 2028. .
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