SEC. 6002.

INDIAN EDUCATION

Section Summary

ESSA

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

[[Page 129 STAT. 2048]]

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

[[Page 129 STAT. 2049]]

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'';

[[Page 129 STAT. 2050]]

(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

[[Page 129 STAT. 2051]]

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

[[Page 129 STAT. 2052]]

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;

[[Page 129 STAT. 2053]]

``(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)

[[Page 129 STAT. 2054]]

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

[[Page 129 STAT. 2055]]

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''.

[[Page 129 STAT. 2056]]

(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.

[[Page 129 STAT. 2057]]

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 <<NOTE: 20

USC 7452-7454.>> (as redesignated by section 6001); and

(2) by redesignating section 6135 <<NOTE: 20 USC 7455,

7452.>> (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. <<NOTE: 20 USC 7453.>> NATIVE AMERICAN AND ALASKA

NATIVE LANGUAGE IMMERSION SCHOOLS AND

PROGRAMS.

``(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;

[[Page 129 STAT. 2058]]

``(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);

[[Page 129 STAT. 2059]]

``(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:

[[Page 129 STAT. 2060]]

``(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. <<NOTE: 20 USC 7452.>> GRANTS TO TRIBES FOR EDUCATION

ADMINISTRATIVE PLANNING, DEVELOPMENT,

AND COORDINATION.

``(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;

[[Page 129 STAT. 2061]]

``(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

[[Page 129 STAT. 2062]]

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.--

Title VI (20 U.S.C. 7401 et seq.) (as redesignated by section 6001) is

amended by striking section 6136. <<NOTE: 20 USC 7456.>>

(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'';

[[Page 129 STAT. 2063]]

(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.''.

NCLB Text

``SEC. 7101. <<NOTE: 20 USC 7401.>> STATEMENT OF POLICY.

``It is the policy of the United States to fulfill the Federal

Government's unique and continuing trust relationship with and

responsibility to the Indian people for the education of Indian

children. The Federal Government will continue to work with local

educational agencies, Indian tribes and organizations, postsecondary

institutions, and other entities toward the goal of ensuring that

programs that serve Indian children are of the highest quality and

provide for not only the basic elementary and secondary educational

needs, but also the unique educational and culturally related academic

needs of these children.

``SEC. 7102. <<NOTE: 20 USC 7402.>> PURPOSE.

``(a) 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 to meet the unique

educational and culturally related academic needs of American Indian and

Alaska Native students, so that such students can meet the same

challenging State student academic achievement standards as all other

students are expected to meet.

``(b) Programs.--This part carries out the purpose described in

subsection (a) by authorizing programs of direct assistance for--

``(1) meeting the unique educational and culturally related

academic needs of American Indians and Alaska Natives;

``(2) the education of Indian children and adults;

[[Page 115 STAT. 1908]]

``(3) the training of Indian persons as educators and

counselors, and in other professions serving Indian people; and

``(4) research, evaluation, data collection, and technical

assistance.