Sec. 6002. INDIAN EDUCATION

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 6002 INDIAN EDUCATION ###

(a)Statement of Policy Section 6101 (20 U.S.C. 7401) (as redesignated by section 6001) is amended by adding at the end the following: “It is further the policy of the United States to ensure that Indian children do not attend school in buildings that are dilapidated or deteriorating, which may negatively affect the academic success of such children.”. ###

(b)Purpose Section 6102 (20 U.S.C. 7402) (as redesignated by section 6001) is amended to read as follows: > > ## “SEC. 6102 PURPOSE > > “It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— > > > #### “(1) > > to meet the unique educational and culturally related academic needs of Indian students, so that such students can meet the challenging State academic standards; > > > #### “(2) > > to ensure that Indian students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and > > > #### “(3) > > to ensure that teachers, principals, other school leaders, and other staff who serve Indian students have the ability to provide culturally appropriate and effective instruction and supports to such students.” > . ###

(c)Purpose Section 6111 (20 U.S.C. 7421) (as redesignated by section 6001) is amended to read as follows: > > ## “SEC. 6111 PURPOSE > > “It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, and other entities in developing elementary school and secondary school programs for Indian students that are designed to— > > > #### “(1) > > meet the unique cultural, language, and educational needs of such students; and > > > #### “(2) > > ensure that all students meet the challenging State academic standards.” > . ###

(d)Grants to Local Educational Agencies and Tribes Section 6112 (20 U.S.C. 7422) (as redesignated by section 6001) is amended— ####

(1)by striking subsection

(a)and inserting the following: > > ### “(a) In general > > The Secretary may make grants, from allocations made under section 6113, and in accordance with this section and section 6113, to— > > > #### “(1) > > local educational agencies; > > > #### “(2) > > Indian tribes, as provided under subsection (c)(1); > > > #### “(3) > > Indian organizations, as provided under subsection (c)(1); > > > #### “(4) > > consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable— > > > ##### “(A) > > provides an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and > > > ##### “(B) > > is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and > > > #### “(5) > > Indian community-based organizations, as provided under subsection (d)(1).” > ; ####

(2)in subsection (b)— #####

(A)in paragraph (1), by striking “A local educational agency shall” and inserting “Subject to paragraph (2), a local educational agency shall”; #####

(B)by redesignating paragraph

(2)as paragraph (3); and #####

(C)by inserting after paragraph

(1)the following: > > #### “(2) Cooperative agreements > > A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe— > > > ##### “(A) > > represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and > > > ##### “(B) > > requests that the local educational agency enter into a cooperative agreement under this subpart.” > ; and ####

(3)by striking subsection

(c)and inserting the following: > > ### “(c) Indian Tribes and Indian Organizations > > > #### “(1) In general > > If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 6114(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. > > > #### “(2) Special rule > > > ##### “(A) In general > > The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph

(1)as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. > > > ##### “(B) Exceptions > > 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 6114 or section 6118(c) or 6119. > > > #### “(3) Assurance to serve all indian children > > 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 6114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. > > > ### “(d) Indian Community-based Organization > > > #### “(1) In general > > 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 in a particular community, an Indian community-based organization serving the community of the local educational agency may apply for such grant. > > > #### “(2) Applicability of special rule > > The Secretary shall apply the special rule in subsection (c)(2) to an Indian community-based organization applying for a grant under paragraph

(1)in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium described in that subsection. > > > #### “(3) Definition of indian community-based organization > > In this subsection, the term ‘Indian community-based organization’ means any organization that— > > > ##### “(A) > > is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community; > > > ##### “(B) > > assists in the social, cultural, and educational development of Indians in such community; > > > ##### “(C) > > meets the unique cultural, language, and academic needs of Indian students; and > > > ##### “(D) > > demonstrates organizational and administrative capacity to manage the grant.” > . ###

(e)Amount of grants Section 6113 (20 U.S.C. 7423) (as redesignated by section 6001) is amended— ####

(1)in subsection (b)(1), by striking “Bureau of Indian Affairs” and inserting “Bureau of Indian Education”; and ####

(2)in subsection (d)— #####

(A)in the subsection heading, by striking “Indian Affairs” and inserting “Indian Education”; and #####

(B)in paragraph (1)(A)(i), by striking “Bureau of Indian Affairs” and inserting “Bureau of Indian Education”. ###

(f)Applications Section 6114 (20 U.S.C. 7424) (as redesignated by section 6001) is amended— ####

(1)in subsection (a), by striking “Each local educational agency” and inserting “Each entity described in section 6112(a)”; ####

(2)in subsection (b)— #####

(A)in paragraph (1), by striking “American Indian and Alaska Native” and inserting “Indian”; #####

(B)in paragraph (2)— ######

(i)in subparagraph (A), by striking “is consistent with the State and local plans” and inserting “is consistent with the State, tribal, and local plans”; and ######

(ii)by striking subparagraph

(B)and inserting the following: > > ##### “(B) > > 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;” > ; #####

(C)by striking paragraph

(3)and inserting the following: > > #### “(3) > > explains how the grantee will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of Indian students;” > ; #####

(D)in paragraph (5)(B), by striking “and” after the semicolon; #####

(E)in paragraph (6)— ######

(i)in subparagraph (B)— ######

(I)in clause (i), by striking “and” after the semicolon; and ######

(II)by adding at the end the following: > > ###### “(iii) > > 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 ######

(ii)in subparagraph (C), by striking the period at the end and inserting “; and”; and #####

(F)by adding at the end the following: > > #### “(7) > > describes the process the local educational agency used to meaningfully collaborate with Indian tribes located in the community in a timely, active, and ongoing manner in the development of the comprehensive program and the actions taken as a result of such collaboration.” > ; ####

(3)in subsection (c)— #####

(A)in paragraph (1), by striking “for the education of Indian children,” and inserting “for services described in this subsection,”; #####

(B)in paragraph (2)— ######

(i)in subparagraph (A), by striking “and” after the semicolon; ######

(ii)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 ######

(iii)by adding at the end the following: > > ##### “(C) > > determine the extent to which such activities by the local educational agency address the unique cultural, language, and educational needs of Indian students;” > ; #####

(C)in paragraph (3)— ######

(i)in subparagraph (A), by striking “American Indian and Alaska Native” and inserting “Indian”; and ######

(ii)in subparagraph (C)— ######

(I)by inserting “representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school, Indian organizations,” after “parents of Indian children and teachers,”; and ######

(II)by striking “and” after the semicolon; #####

(D)in paragraph (4)— ######

(i)in subparagraph (A)— ######

(I)in clause (i), by inserting “and family members” after “parents”; ######

(II)by redesignating clauses

(ii)and

(iii)as clauses

(iii)and (iv), respectively; and ######

(III)by inserting after clause

(i)the following: > > ###### “(ii) > > representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school;” > ; ######

(ii)by striking subparagraph

(B)and inserting the following: > > ##### “(B) > > a majority of whose members are parents and family members of Indian children;” > ; ######

(iii)by striking subparagraph (C); ######

(iv)by redesignating subparagraphs

(D)and

(E)as subparagraphs

(C)and (D), respectively; and ######

(v)in subparagraph

(C)(as redesignated by clause (iv))— ######

(I)in clause (i), by striking “and” after the semicolon; ######

(II)in clause (ii), by striking “American Indian and Alaska Native” and inserting “Indian”; and ######

(III)by adding at the end the following: > > ###### “(iii) > > determined that the program will directly enhance the educational experience of Indian students; and” > ; and ######

(vi)in subparagraph (D), as redesignated by clause (iv), by striking the period at the end and inserting a semicolon; and #####

(E)by adding at the end the following: > > #### “(5) > > the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency; > > > #### “(6) > > the local educational agency conducted outreach to parents and family members to meet the requirements under this paragraph; > > > #### “(7) > > the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart; and > > > #### “(8) > > the local educational agency has set forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents and family members of the children, and representatives of the area, to be served.” > ; and ####

(4)by adding at the end the following: > > ### “(d) Technical Assistance > > 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— > > > #### “(1) > > the development of applications under this subpart, including identifying eligible entities that have not applied for such grants and undertaking appropriate activities to encourage such entities to apply for grants under this subpart; > > > #### “(2) > > improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and > > > #### “(3) > > integration of activities under this subpart with other educational activities carried out by the local educational agency.” > . ###

(g)Authorized Services and Activities Section 6115 (20 U.S.C. 7425) (as redesignated by section 6001) is amended— ####

(1)in subsection (a)— #####

(A)in paragraph (1), by inserting “solely for the services and activities described in such application” before the semicolon; and #####

(B)in paragraph (2), by striking “with special regard for” and inserting “to be responsive to”; ####

(2)by striking subsection

(b)and inserting the following: > > ### “(b) Particular Activities > > The services and activities referred to in subsection

(a)may include— > > > #### “(1) > > activities that support Native American language programs and Native American language restoration programs, which may be taught by traditional leaders; > > > #### “(2) > > culturally related activities that support the program described in the application submitted by the local educational agency; > > > #### “(3) > > early childhood and family programs that emphasize school readiness; > > > #### “(4) > > enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards; > > > #### “(5) > > 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; > > > #### “(6) > > 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 (20 U.S.C. 2301 et seq.), including programs for tech-prep education, mentoring, and apprenticeship; > > > #### “(7) > > activities to educate individuals so as to prevent violence, suicide, and substance abuse; > > > #### “(8) > > the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 6111; > > > #### “(9) > > activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; > > > #### “(10) > > family literacy services; > > > #### “(11) > > activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; > > > #### “(12) > > dropout prevention strategies for Indian students; and > > > #### “(13) > > strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strategies that support Indian students who are transitioning from such facilities to schools served by local educational agencies.” > ; ####

(3)in subsection (c)— #####

(A)in paragraph (1), by striking “and” after the semicolon; #####

(B)in paragraph (2), by striking the period at the end 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 Indian students that would not be achieved if the funds were not used in a schoolwide program.” > ; and ####

(4)by adding at the end the following: > > ### “(e) Limitation on the Use of Funds > > Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities that are available locally or regionally.” > . ###

(h)Integration of Services Authorized Section 6116 (20 U.S.C. 7426) (as redesignated by section 6001) is amended— ####

(1)in subsection (g), in the matter preceding paragraph (1)— #####

(A)by striking “No Child Left Behind Act of 2001” and inserting “Every Student Succeeds Act”; #####

(B)by inserting “the Secretary of Health and Human Services,” after “the Secretary of the Interior,”; and #####

(C)by inserting “and coordination” after “providing for the implementation”; and ####

(2)in subsection (o)— #####

(A)in paragraph (1), by striking “the No Child Left Behind Act of 2001” and inserting “the Every Student Succeeds Act”; and #####

(B)in paragraph (2)— ######

(i)by striking “the No Child Left Behind Act of 2001” and inserting “the Every Student Succeeds Act”; and ######

(ii)by striking the second sentence. ###

(i)Student Eligibility Forms Section 6117 (20 U.S.C. 7427) (as redesignated by section 6001) is amended— ####

(1)in subsection (a), by adding at the end the following: “All individual data collected shall be protected by the local educational agencies and only aggregated data shall be reported to the Secretary.”; ####

(2)by striking subsection (d); ####

(3)by redesignating subsections (e), (f), (g), and (h), as subsections (d), (e), (f), and (g), respectively; ####

(4)by striking subsection (d), as redesignated by paragraph (4), and inserting the following: > > ### “(d) Documentation and Types of Proof > > > #### “(1) Types of proof > > 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 6113, 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. > > > #### “(2) No new or duplicative determinations > > 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. > > > #### “(3) Previously filed forms > > 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 Student Succeeds Act and that met the requirements of this section, as this section was in effect on the day before the date of the enactment of such Act, shall remain valid for such Indian student.” > ; ####

(5)in subsection (f), as redesignated by paragraph (4), by striking “Bureau of Indian Affairs” and inserting “Bureau of Indian Education”; and ####

(6)in subsection (g), as redesignated by paragraph (4), by striking “subsection (g)(1)” and inserting “subsection (f)(1)”. ###

(j)Payments Section 6118 (20 U.S.C. 7428) (as redesignated by section 6001) is amended, by striking subsection

(c)and inserting the following: > > ### “(c) Reduction of Payment for Failure To Maintain Fiscal Effort > > Each local educational agency shall maintain fiscal effort in accordance with section 8521 or be subject to reduced payments under this subpart in accordance with such section 8521.” > . ###

(k)Improvement of Educational Opportunities for Indian Children and Youth Section 6121 (20 U.S.C. 7441) (as redesignated by section 6001) is amended— ####

(1)by striking the section header and inserting the following: > > ## “SEC. 6121 IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH” > ; ####

(2)in subsection (a)— #####

(A)in paragraph (1), by inserting “and youth” after “Indian children”; and #####

(B)in paragraph (2)(B), by striking “American Indian and Alaska Native children” and inserting “Indian children and youth”; ####

(3)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 (20 U.S.C. 1059c(b)))”; ####

(4)by striking subsection

(c)and inserting the following: > > ### “(c) Grants Authorized > > The Secretary shall award grants to eligible entities to enable such entities to carry out activities that meet the purpose of this section, including— > > > #### “(1) > > innovative programs related to the educational needs of educationally disadvantaged Indian children and youth; > > > #### “(2) > > educational services that are not available to such children and youth in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children in one or more of the subjects of English, mathematics, science, foreign languages, art, history, and geography; > > > #### “(3) > > bilingual and bicultural programs and projects; > > > #### “(4) > > special health and nutrition services, and other related activities, that address the special health, social, and psychological problems of Indian children and youth; > > > #### “(5) > > special compensatory and other programs and projects designed to assist and encourage Indian children and youth to enter, remain in, or reenter school, and to increase the rate of high school graduation for Indian children and youth; > > > #### “(6) > > comprehensive guidance, counseling, and testing services; > > > #### “(7) > > early childhood education programs that are effective in preparing young children to make sufficient academic growth by the end of grade 3, including kindergarten and pre-kindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities; > > > #### “(8) > > partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsecondary education; > > > #### “(9) > > partnership projects between schools and local businesses for career preparation programs designed to provide Indian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill career; > > > #### “(10) > > programs designed to encourage and assist Indian students to work toward, and gain entrance into, institutions of higher education; > > > #### “(11) > > family literacy services; > > > #### “(12) > > activities that recognize and support the unique cultural and educational needs of Indian children and youth, and incorporate traditional leaders; > > > #### “(13) > > high-quality professional development of teaching professionals and paraprofessionals; or > > > #### “(14) > > other services that meet the purpose described in this section.” > ; and ####

(5)in subsection (d)— #####

(A)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 #####

(B)in paragraph (3)(B)— ######

(i)in clause (i), by striking “parents of Indian children” and inserting “parents and family of Indian children”; and ######

(ii)in clause (iii), by striking “information demonstrating that the proposed program for the activities is a scientifically based research program” and inserting “information demonstrating that the proposed program is an evidence-based program”. ###

(l)Professional Development for Teachers and Education Professionals Section 6122 (20 U.S.C. 7442) (as redesignated by section 6001) is amended— ####

(1)in subsection (a)— #####

(A)by striking paragraph

(1)and inserting the following: > > #### “(1) > > to increase the number of qualified Indian teachers and administrators serving Indian students;” > ; #####

(B)by striking paragraph

(2)and inserting the following: > > #### “(2) > > to provide pre- and in-service training and support to qualified Indian individuals to enable such individuals to become effective teachers, principals, other school leaders, administrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel;” > ; #####

(C)in paragraph (3), by striking the period at the end and inserting “; and”; and #####

(D)by adding at the end the following: > > #### “(4) > > 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 students improve their academic achievement, outcomes, and preparation for postsecondary education or employment.” > ; ####

(2)in subsection (b)— #####

(A)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 (20 U.S.C. 1059c(b))”; and #####

(B)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 (20 U.S.C. 1059c(b)), where feasible” before the period at the end; ####

(3)in subsection (d)(1)— #####

(A)in the first sentence, by striking “purposes” and inserting “purpose”; and #####

(B)by striking the second sentence and inserting > “Such activities may include— > > > ##### “(A) > > continuing education programs, symposia, workshops, and conferences; > > > ##### “(B) > > teacher mentoring programs, professional guidance, and instructional support provided by educators, local traditional leaders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers; > > > ##### “(C) > > direct financial support; and > > > ##### “(D) > > programs designed to train traditional leaders 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 ####

(4)by striking subsection

(e)and inserting the following: > > ### “(e) Application > > Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will— > > > #### “(1) > > recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders; > > > #### “(2) > > use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and > > > #### “(3) > > assist participants in meeting the requirements under subsection (h).” > ; ####

(5)in subsection (f)— #####

(A)by redesignating paragraphs

(1)and

(2)as paragraphs

(2)and (3), respectively; #####

(B)by inserting before paragraph (2), as redesignated by subparagraph (A), the following: > > #### “(1) > > may give priority to Tribal Colleges and Universities;” > ; and #####

(C)in paragraph (3), as redesignated by subparagraph (A), 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.”; ####

(6)by striking subsection

(g)and inserting the following: > > ### “(g) Grant Period > > 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 ####

(7)in subsection (h)(1)(A)(ii), by striking “people” and inserting “students in a local educational agency that serves a high proportion of Indian students”. ###

(m)National Research Activities Section 6131 (20 U.S.C. 7451) (as redesignated by section 6001) is amended— ####

(1)in subsection (a), by striking “under section 7152(b)” and inserting “to carry out this subpart”; and ####

(2)in subsection (c)(2), by inserting “, the Bureau of Indian Education,” after “Office of Indian Education Programs”. ###

(n)In-service Training for Teachers of Indian Children; Fellowships for Indian Students; Gifted and Talented Indian Students Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is amended— ####

(1)by striking sections 6132, 6133, and 6134 (as redesignated by section 6001); and ####

(2)**[**[20 U.S.C. 7455](/us/usc/t20/s7455)**]** by redesignating section 6135 (as redesignated by section 6001) as section 6132. ###

(o)Native American Language Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is amended by inserting after section 6132 (as redesignated by subsection (n)(2)) the following: > > ## “SEC. 6133 NATIVE AMERICAN AND ALASKA NATIVE LANGUAGE IMMERSION SCHOOLS AND PROGRAMS > > **[**[20 U.S.C. 7453](/us/usc/t20/s7453)**]** > > > ### “(a) Purposes > > The purposes of this section are— > > > #### “(1) > > to establish a grant program to support schools that use Native American and Alaska Native languages as the primary language of instruction; > > > #### “(2) > > to maintain, protect, and promote the rights and freedom of Native Americans and Alaska Natives to use, practice, maintain, and revitalize their languages, as envisioned in the Native American Languages Act (25 U.S.C. 2901 et seq.); and > > > #### “(3) > > to support the Nation’s First Peoples’ efforts to maintain and revitalize their languages and cultures, and to improve educational opportunities and student outcomes within Native American and Alaska Native communities. > > > ### “(b) Program Authorized > > > #### “(1) In general > > From funds reserved under section 6152(c), the Secretary shall reserve 20 percent to make grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including elementary school and secondary school education sites and streams, using Native American and Alaska Native languages as the primary languages of instruction. > > > #### “(2) Eligible entities > > In this subsection, the term ‘eligible entity’ means any of the following entities that has a plan to develop and maintain, or to improve and expand, programs that support the entity’s use of a Native American or Alaska Native language as the primary language of instruction in elementary schools or secondary schools, or both: > > > ##### “(A) > > An Indian tribe. > > > ##### “(B) > > A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)). > > > ##### “(C) > > A tribal education agency. > > > ##### “(D) > > A local educational agency, including a public charter school that is a local educational agency under State law. > > > ##### “(E) > > A school operated by the Bureau of Indian Education. > > > ##### “(F) > > An Alaska Native Regional Corporation (as described in section 3(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g))). > > > ##### “(G) > > A private, tribal, or Alaska Native nonprofit organization. > > > ##### “(H) > > A nontribal for-profit organization. > > > ### “(c) Application > > > #### “(1) In general > > An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including the following: > > > ##### “(A) > > The name of the Native American or Alaska Native language to be used for instruction at the school supported by the eligible entity. > > > ##### “(B) > > The number of students attending such school. > > > ##### “(C) > > The number of hours of instruction in or through 1 or more Native American or Alaska Native languages being provided to targeted students at such school, if any. > > > ##### “(D) > > A description of how the eligible entity will— > > > ###### “(i) > > use the funds provided to meet the purposes of this section; > > > ###### “(ii) > > implement the activities described in subsection (e); > > > ###### “(iii) > > ensure the implementation of rigorous academic content; and > > > ###### “(iv) > > ensure that students progress toward high-level fluency goals. > > > ##### “(E) > > Information regarding the school’s organizational governance or affiliations, including information about— > > > ###### “(i) > > the school governing entity (such as a local educational agency, tribal education agency or department, charter organization, private organization, or other governing entity); > > > ###### “(ii) > > the school’s accreditation status; > > > ###### “(iii) > > any partnerships with institutions of higher education; and > > > ###### “(iv) > > any indigenous language schooling and research cooperatives. > > > ##### “(F) > > An assurance that— > > > ###### “(i) > > the school is engaged in meeting State or tribally designated long-term goals for students, as may be required by applicable Federal, State, or tribal law; > > > ###### “(ii) > > the school provides assessments of students using the Native American or Alaska Native language of instruction, where possible; > > > ###### “(iii) > > the qualifications of all instructional and leadership personnel at such school is sufficient to deliver high-quality education through the Native American or Alaska Native language used in the school; and > > > ###### “(iv) > > the school will collect and report to the public data relative to student achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary education or workforce development programs, of students who are enrolled in the school’s programs. > > > #### “(2) Limitation > > The Secretary shall not give a priority in awarding grants under this section based on the information described in paragraph (1)(E). > > > #### “(3) Submission of certification > > > ##### “(A) In general > > An eligible entity that is a public elementary school or secondary school (including a public charter school or a school operated by the Bureau of Indian Education) or a nontribal for-profit or nonprofit organization shall submit, along with the application requirements described in paragraph (1), a certification described in subparagraph

(B)indicating that— > > > ###### “(i) > > the school or organization has the capacity to provide education primarily through a Native American or an Alaska Native language; and > > > ###### “(ii) > > there are sufficient speakers of the target language at the school or available to be hired by the school or organization. > > > ##### “(B) Certification > > The certification described in subparagraph

(A)shall be from one of the following entities, on whose land the school or program is located, that is an entity served by such school, or that is an entity whose members (as defined by that entity) are served by the school: > > > ###### “(i) > > A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)). > > > ###### “(ii) > > A Federally recognized Indian tribe or tribal organization. > > > ###### “(iii) > > An Alaska Native Regional Corporation or an Alaska Native nonprofit organization. > > > ###### “(iv) > > A Native Hawaiian organization. > > > ### “(d) Awarding of Grants > > In awarding grants under this section, the Secretary shall— > > > #### “(1) > > determine the amount of each grant and the duration of each grant, which shall not exceed 3 years; and > > > #### “(2) > > ensure, to the maximum extent feasible, that diversity in languages is represented. > > > ### “(e) Activities Authorized > > > #### “(1) Required activities > > An eligible entity that receives a grant under this section shall use such funds to carry out the following activities: > > > ##### “(A) > > Supporting Native American or Alaska Native language education and development. > > > ##### “(B) > > Providing professional development for teachers and, as appropriate, staff and administrators to strengthen the overall language and academic goals of the school that will be served by the grant program. > > > #### “(2) Allowable activities > > An eligible entity that receives a grant under this section may use such funds to carry out the following activities: > > > ##### “(A) > > Developing or refining curriculum, including teaching materials and activities, as appropriate. > > > ##### “(B) > > Creating or refining assessments written in the Native American or Alaska Native language of instruction that measure student proficiency and that are aligned with State or tribal academic standards. > > > ##### “(C) > > Carrying out other activities that promote the maintenance and revitalization of the Native American or Alaska Native language relevant to the grant program. > > > ### “(f) Report to Secretary > > Each eligible entity that receives a grant under this section shall prepare and submit an annual report to the Secretary, which shall include— > > > #### “(1) > > the activities the entity carried out to meet the purposes of this section; and > > > #### “(2) > > the number of children served by the program and the number of instructional hours in the Native American or Alaska Native language. > > > ### “(g) Administrative Costs > > Not more than 5 percent of the funds provided to a grantee under this section for any fiscal year may be used for administrative purposes.” > . ###

(p)Grants to Tribes for Education Administrative Planning, Development, and Coordination Section 6132 (20 U.S.C. 7455) (as redesignated by subsection (n)) is amended to read as follows: > > ## “SEC. 6132 GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING, DEVELOPMENT, AND COORDINATION > > **[**[20 U.S.C. 7452](/us/usc/t20/s7452)**]** > > > ### “(a) In general > > The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to— > > > #### “(1) > > promote tribal self-determination in education; > > > #### “(2) > > improve the academic achievement of Indian children and youth; and > > > #### “(3) > > promote the coordination and collaboration of tribal educational agencies with State educational agencies and local educational agencies to meet the unique educational and culturally related academic needs of Indian students. > > > ### “(b) Definitions > > In this section: > > > #### “(1) Eligible applicant > > In this section, the term ‘eligible applicant’ means— > > > ##### “(A) > > an Indian tribe or tribal organization approved by an Indian tribe; or > > > ##### “(B) > > a tribal educational agency. > > > #### “(2) Indian tribe > > The term ‘Indian tribe’ means a federally recognized tribe or a State-recognized tribe. > > > #### “(3) Tribal educational agency > > 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. > > > ### “(c) Grant Program > > The Secretary may award grants to— > > > #### “(1) > > 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 > > > #### “(2) > > eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to— > > > ##### “(A) > > directly administer education programs, including formula grant programs under this Act, consistent with State law and under a written agreement between the parties; > > > ##### “(B) > > 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; > > > ##### “(C) > > 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; > > > ##### “(D) > > train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture; > > > ##### “(E) > > build on existing activities or resources rather than replacing other funds; and > > > ##### “(F) > > carry out other activities, consistent with the purposes of this section. > > > ### “(d) Grant Application > > > #### “(1) In general > > Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably prescribe. > > > #### “(2) Contents > > Each application described in paragraph

(1)shall contain— > > > ##### “(A) > > a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; > > > ##### “(B) > > 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 > > > ##### “(C) > > for applications for activities under subsection (c)(2), evidence of— > > > ###### “(i) > > 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 > > > ###### “(ii) > > existing capacity as a tribal educational agency. > > > #### “(3) Approval > > The Secretary may approve an application submitted by an eligible applicant under this subsection if the application, including any documentation submitted with the application— > > > ##### “(A) > > 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; > > > ##### “(B) > > provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and > > > ##### “(C) > > demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought. > > > ### “(e) Restrictions > > > #### “(1) In general > > An Indian tribe may not receive funds under this section if the tribe receives funds under section 1140 of the Education Amendments of 1978 (20 U.S.C. 2020). > > > #### “(2) Direct services > > No funds under this section may be used to provide direct services. > > > ### “(f) Supplement, Not Supplant > > 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.” > . ###

(q)Improvement of Educational Opportunities for Adult Indians **[**[20 U.S.C. 7456](/us/usc/t20/s7456)**]** Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is amended by striking section 6136. ###

(r)National Advisory Council on Indian Education Section 6141(b)(1) (20 U.S.C. 7471(b)(1)) (as redesignated by section 6001) is amended by inserting “and the Secretary of the Interior” after “advise the Secretary”. ###

(s)Definitions Section 6151 (20 U.S.C. 7491) (as redesignated by section 6001) is amended by adding at the end the following: > > #### “(4) Traditional leaders > > The term ‘traditional leaders’ has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).” > . ###

(t)Authorizations of Appropriations Section 6152 (20 U.S.C. 7492) (as redesignated by section 6001) is amended— ####

(1)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 “$100,381,000 for fiscal year 2017, $102,388,620 for fiscal year 2018, $104,436,392 for fiscal year 2019, and $106,525,120 for fiscal year 2020”; ####

(2)in subsection (b)— #####

(A)in the subsection heading, by striking “Subparts 2 and 3” and inserting “Subpart 2”; #####

(B)by striking “subparts 2 and 3” and inserting “subpart 2”; and #####

(C)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 “$17,993,000 for each of fiscal years 2017 through 2020”; and ####

(3)by adding at the end the following: > > ### “(c) Subpart 3 > > For the purpose of carrying out subpart 3, there are authorized to be appropriated $5,565,000 for each of fiscal years 2017 through 2020.” > .

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U.S. Code