HR 3568 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3568CommentsClose CommentsPermalink

To improve Indian education, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

December 6, 2011CommentsClose CommentsPermalink

Mr. KILDEE (for himself and Ms. MCCOLLUM) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To improve Indian education, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Native Culture, Language, and Access for Success in Schools Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

Subtitle A--Improving the Academic Achievement of the Disadvantaged

Sec. 111. Improving the education of students.CommentsClose CommentsPermalink





Sec. 112. Standards-based assessments.CommentsClose CommentsPermalink





Sec. 113. Native language teaching.CommentsClose CommentsPermalink





Sec. 114. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk.CommentsClose CommentsPermalink

Subtitle B--Preparing, Training, and Recruiting High-Quality Teachers and Principals

Sec. 121. Preparing, training, and recruiting high-quality teachers and principals.CommentsClose CommentsPermalink

Subtitle C--Native American Languages Programs

Sec. 131. Improvement of academic success of Indian students through Native American languages programs.CommentsClose CommentsPermalink





Sec. 132. State and tribal education agency agreements.CommentsClose CommentsPermalink

Subtitle D--21st Century Schools

Sec. 141. Safe and healthy schools for Native American students.CommentsClose CommentsPermalink

Subtitle E--Indian, Native Hawaiian, and Alaska Native Education

Sec. 151. Purpose.CommentsClose CommentsPermalink





Sec. 152. Purpose of formula grants.CommentsClose CommentsPermalink





Sec. 153. Grants to local educational agencies and tribes.CommentsClose CommentsPermalink





Sec. 154. Amount of grants.CommentsClose CommentsPermalink





Sec. 155. Applications.CommentsClose CommentsPermalink





Sec. 156. Authorized services and activities.CommentsClose CommentsPermalink





Sec. 157. Student eligibility forms.CommentsClose CommentsPermalink





Sec. 158. Technical assistance.CommentsClose CommentsPermalink





Sec. 159. Amendments relating to tribal colleges and universities.CommentsClose CommentsPermalink





Sec. 160. Tribal educational agency cooperative agreements.CommentsClose CommentsPermalink





Sec. 161. Tribal education agencies pilot project.CommentsClose CommentsPermalink





Sec. 162. Improve support for teachers and administrators of Native American students.CommentsClose CommentsPermalink





Sec. 163. National board certification incentive demonstration program.CommentsClose CommentsPermalink





Sec. 164. Tribal language immersion schools.CommentsClose CommentsPermalink





Sec. 165. Coordination of Indian student information.CommentsClose CommentsPermalink





Sec. 166. Authorization of appropriations.CommentsClose CommentsPermalink

Subtitle F--Impact Aid

Sec. 171. Impact aid.CommentsClose CommentsPermalink

Subtitle G--General Provisions

Sec. 181. Highly qualified definition.CommentsClose CommentsPermalink





Sec. 182. Applicability of ESEA to Bureau of Indian Education schools.CommentsClose CommentsPermalink





Sec. 183. Increased access to resources for tribal schools, schools served by the Bureau of Indian Education, and Native American students.CommentsClose CommentsPermalink

TITLE II--AMENDMENTS TO OTHER LAWS

Sec. 201. Amendments to the American Recovery and Reinvestment Act of 2009 to provide funding for Indian programs.CommentsClose CommentsPermalink





Sec. 202. Qualified scholarships for education and cultural benefits.CommentsClose CommentsPermalink





Sec. 203. Tribal Education Policy Advisory Group.CommentsClose CommentsPermalink





Sec. 204. Division of budget analysis.CommentsClose CommentsPermalink





Sec. 205. Qualified school construction bond escrow account.CommentsClose CommentsPermalink





Sec. 206. Equity in Educational Land-Grant Status Act of 1994.CommentsClose CommentsPermalink





Sec. 207. Workforce Investment Act of 1998.CommentsClose CommentsPermalink





Sec. 208. Technical amendments to Tribally Controlled Schools Act of 1988.CommentsClose CommentsPermalink

TITLE III--ADDITIONAL EDUCATION PROVISIONS

Sec. 301. Native American student support.CommentsClose CommentsPermalink





Sec. 302. Ensuring the survival and continuing vitality of Native American languages.CommentsClose CommentsPermalink





Sec. 303. In-school facility innovation program contest.CommentsClose CommentsPermalink





Sec. 304. Retrocession or reassumption of certain school funds.CommentsClose CommentsPermalink





Sec. 305. Department of the Interior and Department of Education Joint Oversight Board.CommentsClose CommentsPermalink





Sec. 306. Feasibility study to transfer the Bureau of Indian Education to the Department of Education.CommentsClose CommentsPermalink





Sec. 307. Tribal self-governance feasibility study.CommentsClose CommentsPermalink





Sec. 308. Establishment of Center for Indigenous Excellence.CommentsClose CommentsPermalink

TITLE I--ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965CommentsClose CommentsPermalink

Subtitle A--Improving the Academic Achievement of the DisadvantagedCommentsClose CommentsPermalink

SEC. 111. IMPROVING THE EDUCATION OF STUDENTS.

Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 1111--CommentsClose CommentsPermalink





(A) in subsection (a), by inserting ‘representatives of Indian tribes located in the State,’ after ‘other staff,’;CommentsClose CommentsPermalink





(B) in subsection (b)(8), by striking ‘1112(c)(1)(D)’ and inserting ‘1112(c)(1)(E)’;CommentsClose CommentsPermalink





(C) in subsection (c)--CommentsClose CommentsPermalink





(i) in paragraph (13), by striking ‘and’;CommentsClose CommentsPermalink





(ii) in paragraph (14), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(15) the State educational agency has engaged in timely and meaningful consultation with representatives of Indian tribes located in the State in the development of the State plan to serve local educational agencies under the State’s jurisdiction, in order to--CommentsClose CommentsPermalink





‘(A) improve the coordination of activities under this Act;CommentsClose CommentsPermalink





‘(B) meet the purpose of this title; andCommentsClose CommentsPermalink





‘(C) meet the unique cultural, language, and educational needs of Indian students.’; andCommentsClose CommentsPermalink





(D) in subsection (m), by adding at the end the following:CommentsClose CommentsPermalink





‘(4) If such school has been approved, in accordance with section 1116(g), for use of an alternative definition of adequate yearly progress, the school may adopt an appropriate assessment that--CommentsClose CommentsPermalink





‘(A) is developed in consultation with, and with the approval of, the Secretary of the Interior; andCommentsClose CommentsPermalink





‘(B) is consistent with the requirements of this section.’;CommentsClose CommentsPermalink





(2) in section 1112--CommentsClose CommentsPermalink





(A) in subsection (b)(1)--CommentsClose CommentsPermalink





(i) by redesignating subparagraphs (F) through (Q) as subparagraphs (G) through (R), respectively; andCommentsClose CommentsPermalink





(ii) by inserting after subparagraph (E), the following:CommentsClose CommentsPermalink





‘(F) a description of the procedure that the local educational agency will use to engage in timely, ongoing, and meaningful consultation with representatives of Indian tribes located in the area served by the local education agency in the development of the local plan, in order to--CommentsClose CommentsPermalink





‘(i) improve the coordination of activities under this Act;CommentsClose CommentsPermalink





‘(ii) meet the purpose of this title; andCommentsClose CommentsPermalink





‘(iii) meet the unique cultural, language, and educational needs of Indian students;’;CommentsClose CommentsPermalink





(B) in subsection (c)(1)--CommentsClose CommentsPermalink





(i) by redesignating subparagraphs (D) through (O) as subparagraphs (E) through (P), respectively; andCommentsClose CommentsPermalink





(ii) by inserting after subparagraph (C), the following:CommentsClose CommentsPermalink





‘(D) engage in timely and meaningful consultation with representatives of Indian tribes located in the area served by the local education agency;’; andCommentsClose CommentsPermalink





(C) in subsection (d)(1), by striking ‘and other appropriate school personnel,’ and inserting ‘other appropriate school personnel, representatives of Indian tribes located in the area served by the local educational agency,’;CommentsClose CommentsPermalink





(3) in section 1115(b)(2)(A), by inserting ‘, Indian children,’ after ‘migrant children’;CommentsClose CommentsPermalink





(4) in section 1116--CommentsClose CommentsPermalink





(A) in subsection (b)(3)(A)--CommentsClose CommentsPermalink





(i) in the matter preceding clause (i), by inserting ‘representatives of Indian tribes located in the area served by the school,’ after ‘school staff,’;CommentsClose CommentsPermalink





(ii) in clause (ix), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(iii) in clause (x), by striking the period at the end; andCommentsClose CommentsPermalink





(iv) by adding at the end the following:CommentsClose CommentsPermalink





‘(xi) provide an assurance that, if the school receives funds described in title VII, the school will continue to direct such funds to the activities described in title VII.’;CommentsClose CommentsPermalink





(B) in subsection (c)(7)(A)--CommentsClose CommentsPermalink





(i) in the matter preceding clause (i), by inserting ‘representatives of Indian tribes located in the area served by the local education agency,’ after ‘school staff,’;CommentsClose CommentsPermalink





(ii) in clause (vii), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(iii) in clause (viii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(iv) by adding at the end the following:CommentsClose CommentsPermalink





‘(ix) incorporate, as appropriate, activities that meet the unique cultural, language, and educational needs of Indian students eligible to be served under title VII of this Act.’;CommentsClose CommentsPermalink





(C) in subsection (g)(1)--CommentsClose CommentsPermalink





(i) in subparagraph (B)--CommentsClose CommentsPermalink





(I) by striking ‘The tribal governing body or’ and inserting ‘An Indian tribe,’;CommentsClose CommentsPermalink





(II) by inserting ‘, or consortium of such entities’ after ‘Bureau of Indian Affairs’;CommentsClose CommentsPermalink





(III) by striking ‘body or school board’ and inserting ‘Indian tribe, school board, or consortium of such entities’; andCommentsClose CommentsPermalink





(IV) by inserting ‘of the Interior’ after ‘such alternative definition unless the Secretary’;CommentsClose CommentsPermalink





(ii) in subparagraph (C), by striking ‘a tribal governing body or school board of a school funded by the Bureau of Indian Affairs’ and inserting ‘an Indian tribe, school board of a school funded by the Bureau of Indian Affairs, or consortium of such entities’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(D) DEEMED APPROVAL- A proposed alternative definition of adequate yearly progress submitted pursuant to subparagraph (B) shall be deemed to be approved by the Secretary of the Interior unless the Secretary of the Interior issues the notification set forth in subparagraph (E) prior to the expiration of the 30-day period beginning on the date on which the Secretary of the Interior received the proposed alternative definition of adequate yearly progress.CommentsClose CommentsPermalink





‘(E) NOTIFICATION- If the Secretary of the Interior finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary of the Interior shall--CommentsClose CommentsPermalink





‘(i) notify the entity or entities described in subparagraph (B) of the finding of noncompliance and, in such notification, shall--CommentsClose CommentsPermalink





‘(I) cite the specific provisions in the application that are not in compliance;CommentsClose CommentsPermalink





‘(II) provide an explanation of the basis of the non-compliance;CommentsClose CommentsPermalink





‘(III) request additional information only as to the noncompliant provisions needed to make the proposal compliant;CommentsClose CommentsPermalink





‘(IV) provide a description of the steps that the entity or entities need to take to make the application compliant; andCommentsClose CommentsPermalink





‘(V) provide assistance to overcome the finding of noncompliance; andCommentsClose CommentsPermalink





‘(ii) provide the entity or entities described in subparagraph (B) with the opportunity for a hearing, which shall be completed not more than 60 days after such entity or entities receive the notice of opportunity for a hearing, or at such later date as agreed to by the submitting entity or entities.CommentsClose CommentsPermalink





‘(F) RESPONSE- If the entity or entities described in subparagraph (B) resubmit the application in an effort to overcome the finding of noncompliance not more than 30 days after the date the notification was received, the Secretary of the Interior shall approve or disapprove the resubmitted application not more than 30 days after the resubmitted application is received, or not more than 30 days after the conclusion of a hearing, whichever is later. If the Secretary of the Interior fails to approve or disapprove the resubmitted application within such time period, the resubmitted application shall be deemed approved.CommentsClose CommentsPermalink





‘(G) RESUBMISSION RESPONSE- If the Secretary of the Interior finds the resubmitted application described in subparagraph (F) to be in noncompliance, the Secretary of the Interior shall issue a final determination that--CommentsClose CommentsPermalink





‘(i) cites the specific provisions in the application that are not in compliance;CommentsClose CommentsPermalink





‘(ii) provides a detailed explanation of the basis for the finding of noncompliance for each provision found to be noncompliant; andCommentsClose CommentsPermalink





‘(iii) offers assistance to overcome the finding of noncompliance.CommentsClose CommentsPermalink





‘(H) FAILURE TO RESPOND- If the entity or entities described in subparagraph (B) do not respond to the notification of the Secretary of the Interior described in subparagraph (E) within a 30-day period after receipt of such notification, the application shall be deemed to be disapproved.’;CommentsClose CommentsPermalink





(5) by inserting after section 1116 the following:CommentsClose CommentsPermalink

‘SEC. 1116A. INDIAN SCHOOL TURN AROUND PROGRAM.

‘(a) Purpose- The purpose of this section is to significantly improve outcomes for Indian students in persistently low-performing schools by--CommentsClose CommentsPermalink





‘(1) enabling Indian tribes or tribal education agencies to turn around low-performing schools operated by a local educational agency on Indian lands;CommentsClose CommentsPermalink





‘(2) building the capacity of tribes and tribal education agencies to improve student academic achievement in low-performing and persistently low-performing schools; andCommentsClose CommentsPermalink





‘(3) supporting tribes and tribal education agencies in implementing school intervention models.CommentsClose CommentsPermalink





‘(b) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) INDIAN LANDS- The term ‘Indian lands’ has the meaning given the term in section 8013.CommentsClose CommentsPermalink





‘(2) INDIAN SCHOOL- The term ‘Indian school’ means any school located on Indian lands.CommentsClose CommentsPermalink





‘(3) INDIAN TRIBE- The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community (including any Native village, Regional Corporation, or Village Corporation as defined in, or established pursuant to, the Alaska Native Claims Settlement Act), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.CommentsClose CommentsPermalink





‘(4) TRIBAL EDUCATION AGENCY- The term ‘tribal education agency’ means the authorized governmental agency of a federally recognized American Indian or Alaska Native tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) that is primarily responsible for regulating, administering, or supervising the formal education of tribal members. A tribal education agency includes tribal education departments, tribal divisions of education, tribally sanctioned education authorities, tribal education administrative planning and development agencies, and tribal administrative education entities.CommentsClose CommentsPermalink





‘(c) Identification of Low-Performing Indian Schools-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State that receives funds under this part shall annually identify any Indian school operated by a local educational agency that--CommentsClose CommentsPermalink





‘(A) is a school identified under section 1116(b); andCommentsClose CommentsPermalink





‘(B)(i) in the case of an Indian school that is an elementary school, is in the lowest 5 percent of the State’s public elementary schools;CommentsClose CommentsPermalink





‘(ii) in the case of an Indian school that is a secondary school that does not award a high school diploma, is in the lowest 5 percent of the State’s public secondary schools that do not award a high school diploma; orCommentsClose CommentsPermalink





‘(iii) in the case of an Indian school that is a secondary school that does award a high school diploma--CommentsClose CommentsPermalink





‘(I) is in the bottom 5 percent of the State’s public secondary schools that award a high school diploma; orCommentsClose CommentsPermalink





‘(II) has a graduation rate below 60 percent.CommentsClose CommentsPermalink





‘(2) REPORT- If a school is identified by a State under paragraph (1), the State shall notify the tribe on whose Indian lands any such school is located that the school has been identified as a low-performing school.CommentsClose CommentsPermalink





‘(d) Grants Authorized-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall award grants, on a competitive basis, to Indian tribes or tribal education agencies to enable such tribes or agencies to carry out the activities described in subsection (g).CommentsClose CommentsPermalink





‘(2) DURATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A grant awarded under this section shall be for a period of 4 years.CommentsClose CommentsPermalink





‘(B) RENEWAL- The Secretary may renew a grant under this section for an additional 4-year period if the Indian tribe or tribal education agency demonstrates sufficient progress, as defined by the State, on the core academic indicators and leading indicators described in subsection (h)(1)(B).CommentsClose CommentsPermalink





‘(e) Application-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each Indian tribe or tribal education agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall include--CommentsClose CommentsPermalink





‘(A) an analysis of the school described under subsection (c)(1) that the Indian tribe or tribal education agency proposes to serve, and an appropriate intervention model for such school;CommentsClose CommentsPermalink





‘(B) a budget, which shall demonstrate sufficient funds to implement fully and effectively the selected intervention model; andCommentsClose CommentsPermalink





‘(C) a description of how the Indian tribe or tribal education agency will--CommentsClose CommentsPermalink





‘(i) help develop a pipeline of teachers and leaders for the school;CommentsClose CommentsPermalink





‘(ii) collect and report data;CommentsClose CommentsPermalink





‘(iii) support effective extended learning time strategies; andCommentsClose CommentsPermalink





‘(iv) build capacity in the tribe or tribal education agency for assisting schools described under subsection (c)(1).CommentsClose CommentsPermalink





‘(2) ADDITIONAL APPLICATION REQUIREMENTS IF SUBGRANTS ARE AWARDED- If an Indian tribe or tribal education agency proposes to issue subgrants, as described under subsection (g)(3), such tribe or agency shall include in the application, in addition to the requirements described under paragraph (1), the following:CommentsClose CommentsPermalink





‘(A) A copy of the application form and instructions that the Indian tribe or tribal education agency will provide to potential recipients of subgrants.CommentsClose CommentsPermalink





‘(B) A description of how the Indian tribe or tribal education agency will set priorities for awarding subgrants.CommentsClose CommentsPermalink





‘(C) A description of how the Indian tribe or tribal education agency will monitor each entity that is awarded a subgrant.CommentsClose CommentsPermalink





‘(f) State Educational Agency and Local Education Agency Responsibilities-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If an Indian tribe or tribal education agency receives a grant under this section for an Indian school that has been identified under subsection (c)(1), the Secretary shall notify the State in which the school is located, and the State educational agency and the local educational agency that serve such school shall--CommentsClose CommentsPermalink





‘(A) maintain funding for the school at not less than the amount supplied in the academic year immediately preceding the academic year for which the grant under this section applies;CommentsClose CommentsPermalink





‘(B) at the request of the Indian tribe or tribal education agency, enter into a cooperative agreement to authorize the Indian tribe or tribal education agency to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the State educational agency or the local educational agency on behalf of the school; andCommentsClose CommentsPermalink





‘(C) authorize the Indian tribe or tribal education agency to reallocate funds for such programs, services, functions, and activities, or portions thereof, as necessary.CommentsClose CommentsPermalink





‘(2) MAINTENANCE OF EFFORT REQUIREMENT- If the maintenance of effort requirement described in paragraph (1)(A) is not met, the Secretary may withhold funding under title I from the State until such requirement is met.CommentsClose CommentsPermalink





‘(3) DISAGREEMENT- If an Indian tribe or tribal education agency and the State educational agency or local educational agency cannot reach an agreement, the tribe or tribal education agency may submit to the Secretary information that such tribe or agency deems relevant, and the Secretary may make a determination on the disputed issue.CommentsClose CommentsPermalink





‘(g) Use of Funds-CommentsClose CommentsPermalink





‘(1) SCHOOL INTERVENTION MODEL-CommentsClose CommentsPermalink





‘(A) IN GENERAL- An Indian tribe or tribal education agency that receives a grant under this section shall use not less than 90 percent of the grant funds to implement a school intervention model described in subsection (i), either directly or through a turn around partner that is awarded a subgrant, in a school identified under subsection (c)(1).CommentsClose CommentsPermalink





‘(B) USE OF FUNDS FOR COMPREHENSIVE SERVICES- The Indian tribe or tribal education agency, in implementing any of the school intervention models described in subsection (i) in any school served under the grant--CommentsClose CommentsPermalink





‘(i) shall identify and address issues that may contribute to low academic achievement in the schools identified under subsection (c)(1); andCommentsClose CommentsPermalink





‘(ii) may use funds under this section to provide comprehensive services to address the issues described in subparagraph (A) and meet the full range of student needs.CommentsClose CommentsPermalink





‘(2) SUBGRANTS- An Indian tribe or tribal education agency that receives a grant under this section may award subgrants.CommentsClose CommentsPermalink





‘(3) TRIBE OR TRIBAL EDUCATION AGENCY ACTIVITIES- If an Indian tribe or tribal education agency that receives a grant under this section does not use all of the grant funds to carry out the activities described in paragraphs (1) through (3) in each school to be served under the grant, such tribe or tribal education agency shall use any remaining funds to--CommentsClose CommentsPermalink





‘(A) provide technical assistance and other support, either directly or through the creation of a school turn around office or a turn around partner, to schools identified under subsection (c)(1), which may include--CommentsClose CommentsPermalink





‘(i) the use of school quality review teams; orCommentsClose CommentsPermalink





‘(ii) regular site visits to monitor the implementation of selected intervention models;CommentsClose CommentsPermalink





‘(B) evaluate Indian tribe or tribal education agency implementation of school intervention models and other improvement activities;CommentsClose CommentsPermalink





‘(C) use the results of the evaluations described in subparagraph (B) to improve Indian tribe or tribal education agency strategies for supporting, and providing flexibility for, targeted schools that are identified under subsection (c)(1);CommentsClose CommentsPermalink





‘(D) develop pipelines of teachers and leaders that are trained to work in schools that are low-performing schools, such as the schools identified in subsection (c)(1);CommentsClose CommentsPermalink





‘(E) collect and report data;CommentsClose CommentsPermalink





‘(F) build capacity in the Indian tribe or tribal education agency for assisting schools identified under subsection (c)(1); orCommentsClose CommentsPermalink





‘(G) carry out other activities designed to build Indian tribe or tribal education agency capacity to support school improvement.CommentsClose CommentsPermalink





‘(h) Data Collection and Reporting-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each Indian tribe or tribal education agency receiving a grant under this section shall--CommentsClose CommentsPermalink





‘(A) comply with the reporting and accountability requirements of this part for each school that such Indian tribe or tribal education agency serves; andCommentsClose CommentsPermalink





‘(B) monitor and collect data about the students that such Indian tribe or tribal education agency serves at each school that is served by the grant program, including the following data:CommentsClose CommentsPermalink





‘(i) Core academic indicators, such as--CommentsClose CommentsPermalink





‘(I) the percentage of students at each school who are at or above the proficient level on State academic assessments in reading or language arts and mathematics;CommentsClose CommentsPermalink





‘(II) student progress toward core academic benchmarks;CommentsClose CommentsPermalink





‘(III) the average score for students in each school on State academic assessments in reading or language arts and mathematics;CommentsClose CommentsPermalink





‘(IV) secondary school graduation rates; andCommentsClose CommentsPermalink





‘(V) rates of student enrollment in an institution of higher education.CommentsClose CommentsPermalink





‘(ii) Leading indicators, such as--CommentsClose CommentsPermalink





‘(I) student attendance rates;CommentsClose CommentsPermalink





‘(II) the number and percentage of students completing advanced coursework;CommentsClose CommentsPermalink





‘(III) student participation in State assessments in reading or language arts and mathematics under section 1111(b)(3);CommentsClose CommentsPermalink





‘(IV) school dropout rates;CommentsClose CommentsPermalink





‘(V) discipline incident rates;CommentsClose CommentsPermalink





‘(VI) teacher attendance rates;CommentsClose CommentsPermalink





‘(VII) the distribution of teachers by performance level, based on the teacher evaluation system established by the Indian tribe or tribal education agency; andCommentsClose CommentsPermalink





‘(VIII) reduction in the percentage of students in the lowest level of achievement on State assessments in reading or language arts and mathematics under section 1111.CommentsClose CommentsPermalink





‘(2) REPORT- Each Indian tribe or tribal education agency receiving a grant under this section shall prepare and submit a report to the Secretary, which shall include the data described in paragraph (1)(B).CommentsClose CommentsPermalink





‘(i) School Intervention Models- Each tribe or tribal education agency that receives a grant under this section may choose to implement 1 or more of the following school intervention models:CommentsClose CommentsPermalink





‘(1) TRANSFORMATION MODEL- A transformation model is a school intervention model in which the Indian tribe or tribal education agency--CommentsClose CommentsPermalink





‘(A) replaces a principal (if such principal has led the school for 2 or more years) with a new principal who has demonstrated effectiveness in turning around a low-performing school;CommentsClose CommentsPermalink





‘(B) uses rigorous, transparent, and equitable evaluation systems to--CommentsClose CommentsPermalink





‘(i) identify and reward school leaders, teachers, and other staff who, in implementing the model, increase student achievement and, if applicable, secondary school graduation rates; andCommentsClose CommentsPermalink





‘(ii) identify and remove school leaders, teachers, and other staff who, after ample opportunities have been provided for such individuals to improve their professional practice--CommentsClose CommentsPermalink





‘(I) do not increase student achievement;CommentsClose CommentsPermalink





‘(II) if applicable, do not increase secondary school graduation rates; andCommentsClose CommentsPermalink





‘(III) have not demonstrated effectiveness according to the tribe or tribal education agency’s evaluation system;CommentsClose CommentsPermalink





‘(C) provides staff with ongoing, high-quality, job-embedded professional development that--CommentsClose CommentsPermalink





‘(i) is aligned with the school’s instruction program and evaluation system;CommentsClose CommentsPermalink





‘(ii) facilitates effective teaching and learning; andCommentsClose CommentsPermalink





‘(iii) supports the implementation of school-reform strategies;CommentsClose CommentsPermalink





‘(D) implements strategies (such as financial incentives, increased opportunities for promotion and career growth, and more flexible work conditions) that are designed to recruit, place, and retain staff who have the skills necessary to meet the needs of students in the school;CommentsClose CommentsPermalink





‘(E) uses data to identify and implement a research-based instruction program that--CommentsClose CommentsPermalink





‘(i) is aligned with State or tribal challenging academic content standards and challenging student academic achievement standards under section 1111(b); andCommentsClose CommentsPermalink





‘(ii) has been proven to raise student academic achievement by not less than 10 percent in 1 year;CommentsClose CommentsPermalink





‘(F) establishes schedules and strategies that provide increased learning time (which may include offering full-day kindergarten or a high-quality preschool program or using a longer school day, week, or year that increases the total number of hours at school for the school year by not fewer than 300 hours) in order to significantly increase the total number of school hours to include time for--CommentsClose CommentsPermalink





‘(i) instruction core subjects, such as English, reading or language arts, mathematics, science, foreign language (which may include a Native American language), civics and government, economics, arts, history, and geography;CommentsClose CommentsPermalink





‘(ii) instruction in traditional and cultural programs;CommentsClose CommentsPermalink





‘(iii) instruction in other subjects; andCommentsClose CommentsPermalink





‘(iv) enrichment activities, such as physical education, service learning, and experiential work-based opportunities;CommentsClose CommentsPermalink





‘(G) promotes the continuous use of student data to provide instruction that meets the academic needs of individual students, which may include, in elementary school, individual students’ levels of school readiness;CommentsClose CommentsPermalink





‘(H) provides ongoing mechanisms for family, community, and tribal involvement;CommentsClose CommentsPermalink





‘(I) ensures that the school receives ongoing, intensive technical assistance and related support from the tribe or tribal education agency; andCommentsClose CommentsPermalink





‘(J) provides appropriate social-emotional and community-oriented support services for students, and at the discretion of the tribe or tribal education agency, uses not more than 10 percent of the total grant funds for such services.CommentsClose CommentsPermalink





‘(2) RESTART MODEL- A restart model is a school intervention model in which the Indian tribe or tribal education agency--CommentsClose CommentsPermalink





‘(A) converts a school--CommentsClose CommentsPermalink





‘(i) under a charter or school operator and charter management organization;CommentsClose CommentsPermalink





‘(ii) under an education management organization; orCommentsClose CommentsPermalink





‘(iii) as an autonomous or redesigned school;CommentsClose CommentsPermalink





‘(B) implements a rigorous review process to select such a charter or school operator and charter management organization, or an education management organization, as applicable, which includes an assurance that such operator or organization will make significant changes in the leadership and staffing of the school; andCommentsClose CommentsPermalink





‘(C) enrolls in the school any former student who wishes to attend the school and who is within the grades the school services.CommentsClose CommentsPermalink





‘(3) TURNAROUND MODEL- A turnaround model is a school intervention model in which the Indian tribe or tribal education agency--CommentsClose CommentsPermalink





‘(A) replaces a principal (if such principal has led the school for 2 or more years) with a new principal who has demonstrated effectiveness in turning around a low-performing school;CommentsClose CommentsPermalink





‘(B) gives a new principal sufficient operational flexibility (including flexibility in staffing, the school day and school calendar, and budgeting) to fully implement a comprehensive approach to improve student outcomes;CommentsClose CommentsPermalink





‘(C) uses a comprehensive evaluation system to evaluate staff, including the use of student achievement data to measure the effectiveness of staff;CommentsClose CommentsPermalink





‘(D) screens all staff who are employed at the school as of the time when the turnaround model is implemented and retains not more than 50 percent of such staff;CommentsClose CommentsPermalink





‘(E) requires the principal to justify personnel decisions (such as hiring, dismissal, and rewards) based on the results of the comprehensive evaluation system;CommentsClose CommentsPermalink





‘(F) provides staff with ongoing, high-quality, job-embedded professional development that--CommentsClose CommentsPermalink





‘(i) is aligned with the school’s instruction program and evaluation system;CommentsClose CommentsPermalink





‘(ii) facilitates effective teaching and learning; andCommentsClose CommentsPermalink





‘(iii) supports the implementation of school-reform strategies;CommentsClose CommentsPermalink





‘(G) uses data to--CommentsClose CommentsPermalink





‘(i) identify and implement a research-based instructional program;CommentsClose CommentsPermalink





‘(ii) evaluate school improvement strategies; andCommentsClose CommentsPermalink





‘(iii) inform differentiated instruction, in order to meet the academic needs of individual students;CommentsClose CommentsPermalink





‘(H) encourages the use of extended learning time partnerships;CommentsClose CommentsPermalink





‘(I) establishes schedules and strategies that provide increased learning time (which may include offering full-day kindergarten or a high-quality preschool program or using a longer school day, week, or year that increases the total number of hours at school for the school year by not fewer than 300 hours) in order to significantly increase the total number of school hours to include time for--CommentsClose CommentsPermalink





‘(i) instruction core subjects, such as English, reading or language arts, mathematics, science, foreign language (which may include a Native American language), civics and government, economics, arts, history, and geography;CommentsClose CommentsPermalink





‘(ii) instruction in traditional and cultural programs;CommentsClose CommentsPermalink





‘(iii) instruction in other subjects;CommentsClose CommentsPermalink





‘(iv) enrichment activities, such as physical education, service learning, and experiential work-based opportunities; orCommentsClose CommentsPermalink





‘(v) teachers to collaborate, plan, and engage in professional development within and across grades and subjects;CommentsClose CommentsPermalink





‘(J) provides ongoing mechanisms for family, community, and tribal involvement; andCommentsClose CommentsPermalink





‘(K) provides appropriate social and emotional community-oriented support services for students.CommentsClose CommentsPermalink





‘(j) Insufficient Progress- If an Indian tribe or tribal education agency fails to demonstrate sufficient progress, as defined by the State, on the core academic indicators and leading indicators described in subsection (h)(1)(B), such tribe or agency shall be required to--CommentsClose CommentsPermalink





‘(1) modify the existing school intervention model; orCommentsClose CommentsPermalink





‘(2) restart the school using the restart model described in subsection (i)(2).CommentsClose CommentsPermalink





‘(k) Reservation of Funds- From the amount appropriated each fiscal year for grants to State educational agencies and local educational agencies for school improvement actions under this part, the Secretary shall reserve not less than 10 percent of such amount for grants under this section.’; andCommentsClose CommentsPermalink





(6) in section 1118--CommentsClose CommentsPermalink





(A) in subsection (a)(2)--CommentsClose CommentsPermalink





(i) in subparagraph (E) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (F) as subparagraph (G); andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(F) with respect to an agency that serves Indian children, identify the barriers to effective involvement of the parents of such children; and’; andCommentsClose CommentsPermalink





(B) in subsection (e)--CommentsClose CommentsPermalink





(i) by redesignating paragraphs (6) through (14) as paragraphs (7) through (15), respectively; andCommentsClose CommentsPermalink





(ii) by inserting after paragraph (5), the following:CommentsClose CommentsPermalink





‘(6) in consultation with Indian tribes and parents of Indian children who are served by any school that is served by the agency, shall establish mechanisms to overcome barriers to effective Indian parental involvement, which may include--CommentsClose CommentsPermalink





‘(A) providing literacy programs and use of technology training, as needed, for such parents at locations accessible to the homes of such parents;CommentsClose CommentsPermalink





‘(B) providing or paying the reasonable costs of transportation and child care to enable such parents to participate in literacy programs, use of technology training, and school-related meetings;CommentsClose CommentsPermalink





‘(C) providing training regarding the roles, rights and responsibilities of such parents, including information about culture-based education; andCommentsClose CommentsPermalink





‘(D) contracting with an Indian tribe or tribal education agency to provide the services described in subparagraphs (A), (B) and (C);’.CommentsClose CommentsPermalink

SEC. 112. STANDARDS-BASED ASSESSMENTS.

Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(E) STANDARDS-BASED EDUCATION ASSESSMENTS- Notwithstanding any other provision of this Act, a State shall develop standards-based education assessments and classroom lessons to accommodate diverse learning styles, which assessments may be used by the State in place of the general assessments described in subparagraph (A).’.CommentsClose CommentsPermalink

SEC. 113. NATIVE LANGUAGE TEACHING.

Section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(m) Qualifications for Native Language Teachers-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Notwithstanding any other provision of law, the requirements of subsection (a) on local educational agencies and States with respect to highly qualified teachers, shall not apply to a teacher of a Native language.CommentsClose CommentsPermalink





‘(2) ALTERNATIVE LICENSURE OR CERTIFICATION- Each State educational agency receiving assistance under this part shall develop an alternative licensure or certification for teachers of a Native language.’.CommentsClose CommentsPermalink

SEC. 114. PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK.

Part D of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 1401--CommentsClose CommentsPermalink





(A) in subsection (a)(3), by inserting ‘and the involvement of their families and their communities.’ after ‘their continued education’; andCommentsClose CommentsPermalink





(B) in subsection (b), by inserting ‘subject to section 1402(c),’ after ‘section 1002(d)’;CommentsClose CommentsPermalink





(2) in section 1402, by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Reservation for the Secretary of the Interior- From the amount appropriated for this part for any fiscal year, the Secretary shall reserve 4 percent of such funds for the Secretary of the Interior to provide educational services for at-risk Indian children, including Indian youth in correctional facilities operated by the Secretary of the Interior or by an Indian tribe.’;CommentsClose CommentsPermalink





(3) in section 1414(c)--CommentsClose CommentsPermalink





(A) in paragraph (9), by inserting ‘, Indian tribes, tribal education agencies,’ after ‘local educational agencies’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (12) through (19) as paragraphs (13) through (20), respectively;CommentsClose CommentsPermalink





(C) by inserting after paragraph (11), the following:CommentsClose CommentsPermalink





‘(12) describe the procedure that the State agency will use to consult, on an ongoing basis, with Indian tribes in the State to determine the needs of Indian children and youth who are neglected, delinquent, or at-risk, including such children and youth in a correctional facility or institution;’;CommentsClose CommentsPermalink





(D) in paragraph (19), as redesignated by subparagraph (B), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(E) in paragraph (20), as redesignated by subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(F) by adding at the end the following:CommentsClose CommentsPermalink





‘(21) provides an assurance that the program under this subpart will utilize curriculum that is culturally appropriate, based on the demographics of the neglected or delinquent children and youth served by such program.’;CommentsClose CommentsPermalink





(4) in section 1416--CommentsClose CommentsPermalink





(A) in paragraph (7), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in paragraph (8), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(9) includes an assurance that the State agency has consulted with Indian tribes in the State in the development of the comprehensive plan under this part.’;CommentsClose CommentsPermalink





(5) in section 1418--CommentsClose CommentsPermalink





(A) by striking paragraph (1) of subsection (a) and inserting the following:CommentsClose CommentsPermalink





‘(1) projects that facilitate the transition of children and youth from State-operated institutions, or institutions in the State operated by the Secretary of the Interior or Indian tribes, to schools served by local educational agencies or to schools funded by the Bureau of Indian Education; or’;CommentsClose CommentsPermalink





(B) in subsection (b), by inserting ‘Indian tribes,’ after local educational agencies;CommentsClose CommentsPermalink





(C) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(D) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) Consultation With Indian Tribes- The State agency shall consult with Indian tribes in the State in the development of transition projects, and coordinate such State projects with transition and reentry projects operated by such tribes.’;CommentsClose CommentsPermalink





(6) in section 1419(2), by inserting ‘and Indian tribal programs’ after ‘State agency programs’;CommentsClose CommentsPermalink





(7) in section 1421--CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by inserting ‘, including correctional facilities in the State operated by the Secretary of the Interior or Indian tribes’ after ‘locally operated correctional facilities’; andCommentsClose CommentsPermalink





(B) in paragraph (3), by inserting ‘, including schools funded by the Bureau of Indian Education,’ after ‘local schools’;CommentsClose CommentsPermalink





(8) in section 1422--CommentsClose CommentsPermalink





(A) in subsection (a), by striking ‘(including facilities involved in community day programs).’ and inserting ‘(including facilities involved in community day programs and facilities in the State that are operated by the Secretary of the Interior or Indian tribes).’; andCommentsClose CommentsPermalink





(B) in subsection (d), by inserting ‘, schools funded by the Bureau of Indian Education,’ after ‘returning to local educational agencies’;CommentsClose CommentsPermalink





(9) in section 1423--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subsection (A), by inserting ‘and, as appropriate, an Indian tribe in the State’ after ‘program to be assisted’; andCommentsClose CommentsPermalink





(ii) in subsection (B), by inserting ‘, including such facilities operated by the Secretary of the Interior and Indian tribes’ after ‘juvenile justice system’;CommentsClose CommentsPermalink





(B) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively;CommentsClose CommentsPermalink





(C) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink





‘(4) a description of the process for consultation and coordination with Indian tribes in the State regarding services provided under the program to Indian children and youth;’;CommentsClose CommentsPermalink





(D) in paragraph (13), as redesignated by subparagraph (B), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(E) in paragraph (14), as redesignated by subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(F) by adding at the end the following:CommentsClose CommentsPermalink





‘(15) a description of the demographics of the children and youth served and an assurance that the curricula and co-curricular activities will be culturally appropriate for such children and youth.’;CommentsClose CommentsPermalink





(10) in section 1424 (20 U.S.C. 6454)--CommentsClose CommentsPermalink





(A) in paragraph (4), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) programs for at-risk Indian children and youth, including such individuals in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes.’;CommentsClose CommentsPermalink





(11) by redesignating subpart 3 as subpart 4;CommentsClose CommentsPermalink





(12) by redesignating sections 1431 and 1432 as sections 1441 and 1442, respectively;CommentsClose CommentsPermalink





(13) by inserting after subpart 2 the following:CommentsClose CommentsPermalink

‘Subpart 3--Education Programs for Indian Children and Youth

‘SEC. 1432. GRANTS TO INDIAN TRIBES.

‘(a) Purpose- The purpose of this section is to authorize an educational program to be known as the ‘Indian Children and Youth At-Risk Education Program’, which shall--CommentsClose CommentsPermalink





‘(1) carry out high-quality and culturally appropriate education programs to prepare Indian children and youth who are in correctional facilities (or enrolled in community day programs for neglected or delinquent children and youth) operated by the Secretary of the Interior or Indian tribes for secondary school completion, training, employment, or further education; andCommentsClose CommentsPermalink





‘(2) to provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment.CommentsClose CommentsPermalink





‘(b) Grants Authorized-CommentsClose CommentsPermalink





‘(1) IN GENERAL- From the amount reserved for the Secretary of the Interior under section 1402(c), and subject to paragraph (2), the Secretary of the Interior shall award grants, on a competitive basis, to Indian tribes with high numbers or percentages of children and youth in juvenile detention facilities that are operated by the Secretary of the Interior or Indian tribes in order to enable such Indian tribes to carry out the activities described in section 1434.CommentsClose CommentsPermalink





‘(2) CONTRACT IN LIEU OF GRANT- At the request of an Indian tribe, the Secretary of the Interior shall enter into a contract under the Indian Self-Determination and Education Assistance Act for operation of a program under this subpart in lieu of making a grant to such tribe.CommentsClose CommentsPermalink





‘(3) NOTIFICATION- The Secretary of the Interior shall notify Indian tribes of the availability of funding under this subpart.CommentsClose CommentsPermalink





‘(c) Tribal Applications- Each Indian tribe desiring to receive a grant under this subpart shall submit an application to the Secretary of the Interior at such time, in such manner, and accompanied by such information as the Secretary of the Interior may require. Each such application shall include the following:CommentsClose CommentsPermalink





‘(1) A description of the program that will be assisted with grant funds under this subpart.CommentsClose CommentsPermalink





‘(2) A description of any formal agreements regarding the program, between the Indian tribe and, as appropriate--CommentsClose CommentsPermalink





‘(A) 1 or more local educational agencies;CommentsClose CommentsPermalink





‘(B) 1 or more schools funded by the Bureau of Indian Education;CommentsClose CommentsPermalink





‘(C) correctional facilities operated by the Secretary of the Interior or Indian tribes;CommentsClose CommentsPermalink





‘(D) alternative school programs serving Indian children and youth who are involved with the juvenile justice system; orCommentsClose CommentsPermalink





‘(E) tribal, State, private, or public organizations or corporations providing education, skill-building, or reentry services.CommentsClose CommentsPermalink





‘(3) As appropriate, a description of how participating entities will coordinate with facilities working with delinquent Indian children and youth to ensure that such children and youth are participating in an education program comparable to the education program in the local school that such youth would otherwise attend.CommentsClose CommentsPermalink





‘(4) A description of how the program will develop culturally appropriate academic curricula and co-curricular activities to supplement the educational program provided by a facility working with delinquent Indian children and youth.CommentsClose CommentsPermalink





‘(5) A description of the program that the Indian tribe will carry out for Indian children and youth returning from correctional facilities.CommentsClose CommentsPermalink





‘(6) As appropriate, a description of the types of services that such tribe will provide for such children and youth and other at-risk children and youth, either directly or in cooperation with local educational agencies and schools funded by the Bureau of Indian Education.CommentsClose CommentsPermalink





‘(7) A description of the characteristics (including learning difficulties, substance abuse problems, and other special needs) of the Indian children and youth who will be returning from correctional facilities and, as appropriate, other at-risk Indian children and youth expected to be served by the program.CommentsClose CommentsPermalink





‘(8) A description of how the tribe will coordinate the program with existing educational programs of local educational agencies and schools funded by the Bureau of Indian Education to meet the unique educational needs of Indian children and youth who will be returning from correctional facilities and, as appropriate, other at-risk Indian children and youth expected to be served by the program.CommentsClose CommentsPermalink





‘(9) As appropriate, a description of how the program will coordinate with existing social, health, and other services to meet the needs of students returning from correctional facilities, including--CommentsClose CommentsPermalink





‘(A) prenatal health care;CommentsClose CommentsPermalink





‘(B) nutrition;CommentsClose CommentsPermalink





‘(C) mental health and substance abuse services;CommentsClose CommentsPermalink





‘(D) targeted reentry and outreach programs; andCommentsClose CommentsPermalink





‘(E) referrals to community resources related to the health of the child or youth.CommentsClose CommentsPermalink





‘(10) A description of partnerships with tribal, State, private or public organizations, or corporations to develop vocational training, curriculum-based youth entrepreneurship education, and mentoring services for participating students.CommentsClose CommentsPermalink





‘(11) As appropriate, a description of how the program will involve parents in efforts to--CommentsClose CommentsPermalink





‘(A) improve the educational achievement of their children;CommentsClose CommentsPermalink





‘(B) assist in dropout prevention activities; andCommentsClose CommentsPermalink





‘(C) prevent the involvement of their children in delinquent activities.CommentsClose CommentsPermalink





‘(12) A description of how the program under this subpart will be coordinated with other Federal, State, tribal, and local programs, such as programs under title I of Public Law 105-220 and vocational and technical education programs serving at-risk children and youth.CommentsClose CommentsPermalink





‘(13) A description of how the program will be coordinated with programs operated under the Juvenile Justice and Delinquency Prevent Act of 1974 and other comparable programs, if applicable.CommentsClose CommentsPermalink





‘(14) A description of the efforts participating schools will make to ensure that correctional facilities working with children and youth are aware of any existing individualized education programs for such children or youth.CommentsClose CommentsPermalink





‘(15) As appropriate, a description of the steps participating schools will take to find alternative placements for children and youth who are interested in continuing their education but unable to participate in a regular school program.CommentsClose CommentsPermalink





‘(16) As appropriate, a description of how the program under this subpart will be coordinated with other Federal, State, tribal, and local programs serving at-risk children and youth.CommentsClose CommentsPermalink





‘(17) As appropriate, a description of how the program will coordinate with probation officers to assist in meeting the needs of children and youth returning from correctional facilities.CommentsClose CommentsPermalink





‘(d) Uses of Funds- Funds provided to Indian tribes under this subpart may be used for the purposes described in section 1424.CommentsClose CommentsPermalink





‘(e) Program Requirements for Correctional Facilities Receiving Funds Under This Subpart- Each correctional facility entering into an agreement with an Indian tribe under section 1432(2) to provide services to Indian children and youth under this subpart shall--CommentsClose CommentsPermalink





‘(1) if feasible, ensure that educational programs in the correctional facility are coordinated with the student’s home school, particularly in the case of a student with an individualized education program under part B of the Individuals with Disabilities Education Act;CommentsClose CommentsPermalink





‘(2) if a child or youth is identified as in need of special education services while in the correctional facility, notify such child’s local school;CommentsClose CommentsPermalink





‘(3) provide transition assistance to help the child or youth stay in school, including coordination of services for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling;CommentsClose CommentsPermalink





‘(4) provide support programs that encourage children and youth who have dropped out of school to reenter school once their term at the correctional facility has been completed, or provide such children and youth with the skills necessary to gain employment or seek a secondary school diploma or its recognized equivalent;CommentsClose CommentsPermalink





‘(5) work to ensure that the correctional facility is staffed with teachers and other qualified staff who are trained to work with children and youth with disabilities, taking into consideration the unique needs of such children and youth;CommentsClose CommentsPermalink





‘(6) ensure that education programs in the correctional facility aim to help students meet high academic achievement standards;CommentsClose CommentsPermalink





‘(7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility and participating program partners;CommentsClose CommentsPermalink





‘(8) where feasible, involve parents in efforts to improve the educational achievement of their children and prevent the further involvement of such children in delinquent activities;CommentsClose CommentsPermalink





‘(9) coordinate funds received under this subpart with other local, State, tribal, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105-220, and vocational and technical education funds;CommentsClose CommentsPermalink





‘(10) coordinate programs operated under this subpart with activities funded under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if applicable; andCommentsClose CommentsPermalink





‘(11) work with local partners to develop training, curriculum-based youth entrepreneurship education, and mentoring programs for children and youth.CommentsClose CommentsPermalink





‘(f) Technical Assistance- At the request of an Indian tribe that receives assistance under this subpart, the Secretary of the Interior may, to the extent resources are available, provide technical assistance--CommentsClose CommentsPermalink





‘(1) to improve the performance of a program funded under this subpart;CommentsClose CommentsPermalink





‘(2) to recruit and retain qualified educational professionals to assist in the delivery of services under such program; andCommentsClose CommentsPermalink





‘(3) to perform the program evaluations required by section 1441.CommentsClose CommentsPermalink

‘SEC. 1433. EDUCATIONAL ALTERNATIVES TO DETENTION.

‘(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink





‘(1) to decrease the number of incarcerated Indian children and youth;CommentsClose CommentsPermalink





‘(2) to decrease the rate of high school dropouts among Indian youth;CommentsClose CommentsPermalink





‘(3) to provide educational alternatives to incarceration for at-risk Indian children and youth; andCommentsClose CommentsPermalink





‘(4) to increase community and family involvement in the education of at-risk Indian children and youth.CommentsClose CommentsPermalink





‘(b) Eligible Entities- In this section, the term ‘eligible entity’ means--CommentsClose CommentsPermalink





‘(1) an Indian tribe, tribal education agency, or tribal organization;CommentsClose CommentsPermalink





‘(2) a Bureau-funded school, as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021);CommentsClose CommentsPermalink





‘(3) a correctional facility, in consortium with a tribe, tribal education agency, or tribal organization; orCommentsClose CommentsPermalink





‘(4) a State educational agency or local educational agency in consortium with a tribe, tribal education agency or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





‘(c) Program Authorized-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), the Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such entities to carry out the activities described in subsection (d).CommentsClose CommentsPermalink





‘(2) CONTRACTS- At the request of an Indian tribe, the Secretary shall transfer program funding to the Secretary of the Interior, who shall enter into a contract under the Indian Self-Determination and Education Assistance Act with the tribe for operation of a program under this section in lieu of making a grant to such tribe.CommentsClose CommentsPermalink





‘(3) DURATION- Grants awarded under this section shall be for a period of not less than 3 years and not more than 5 years.CommentsClose CommentsPermalink





‘(d) Authorized Activities- Grant funds under this section shall be used for activities to provide educational alternatives for Indian youth who have been sentenced to incarceration or juvenile detention, in a manner consistent with the purposes of this section. Such activities may include--CommentsClose CommentsPermalink





‘(1) half- or full-day alternative education programs for disruptive youth who are temporarily suspended;CommentsClose CommentsPermalink





‘(2) school-based drug and substance abuse prevention programs;CommentsClose CommentsPermalink





‘(3) truancy prevention programs;CommentsClose CommentsPermalink





‘(4) multi-year alternative educational programs; andCommentsClose CommentsPermalink





‘(5) home or community detention programs.CommentsClose CommentsPermalink





‘(e) Application- Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall include the following:CommentsClose CommentsPermalink





‘(1) A description of the program that will be assisted with grant funds under this subpart.CommentsClose CommentsPermalink





‘(2) A description of any formal agreements regarding the program, between the Indian tribe and, as appropriate--CommentsClose CommentsPermalink





‘(A) 1 or more local educational agencies;CommentsClose CommentsPermalink





‘(B) 1 or more schools funded by the Bureau of Indian Education;CommentsClose CommentsPermalink





‘(C) correctional facilities operated by the Secretary of the Interior or Indian tribes; orCommentsClose CommentsPermalink





‘(D) tribal, State, private, or public organizations or corporations providing education, skill-building, or reentry services.CommentsClose CommentsPermalink





‘(3) As appropriate, a description of how the program will develop culturally appropriate academic curriculum and co-curricular activities.CommentsClose CommentsPermalink





‘(4) As appropriate, a description of the types of services that the eligible entity will provide to at-risk Indian children, youth, and families.CommentsClose CommentsPermalink





‘(5) As appropriate, a description of any partnerships with tribal, local, or State law enforcement or judicial systems to provide education alternatives to detention and wrap around services, which may include--CommentsClose CommentsPermalink





‘(A) behavioral health services;CommentsClose CommentsPermalink





‘(B) family counseling;CommentsClose CommentsPermalink





‘(C) teen pregnancy counseling;CommentsClose CommentsPermalink





‘(D) substance abuse services;CommentsClose CommentsPermalink





‘(E) alcohol abuse services; orCommentsClose CommentsPermalink





‘(F) job training.CommentsClose CommentsPermalink





‘(6) As appropriate, a description of evaluation activities to develop educational plans for at-risk Indian children and youth who are transitioning back to a local educational agency or earning a secondary school diploma, or the recognized equivalent of a secondary school diploma.CommentsClose CommentsPermalink





‘(f) Evaluation- Each eligible entity that receives a grant under this section shall--CommentsClose CommentsPermalink





‘(1) evaluate the grant program, not less than once every 3 years, to determine the program’s success, consistent with the purposes of this section; andCommentsClose CommentsPermalink





‘(2) prepare and submit a report containing the information described in paragraph (1) to the Secretary, the Coordinating Council on Juvenile Justice and Delinquency Prevention, and Indian tribes.CommentsClose CommentsPermalink





‘(g) Definition- The term ‘tribal education agency’ means--CommentsClose CommentsPermalink





‘(1) the authorized governmental agency of a federally recognized American Indian and Alaska Native tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)) that is primarily responsible for regulating, administering, or supervising the formal education of tribal members; andCommentsClose CommentsPermalink





‘(2) includes tribal education departments, tribal divisions of education, tribally sanctioned education authorities, tribal education administrative planning and development agencies, tribal education agencies, and tribal administrative education entities.CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- For the purpose of carrying out this subpart, there are authorized to be appropriated $2,000,000 for fiscal year 2012 and such sums as may be necessary for each of the 5 succeeding fiscal years.’;CommentsClose CommentsPermalink





(14) in section 1441, as redesignated by paragraph (12)--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) in the matter preceding paragraph (1), by striking ‘Each State agency or local educational agency that conducts a program under subpart 1 or 2 shall’ and inserting ‘Each State agency, local educational agency, or Indian tribe that conducts a program evaluation under subpart 1, 2, or 3 shall’; andCommentsClose CommentsPermalink





(ii) in paragraph (3), by inserting ‘or school funded by the Bureau of Indian Education’ after ‘local educational agency’;CommentsClose CommentsPermalink





(B) in subsection (c), by striking ‘a State agency or local educational agency’ and inserting ‘a State agency, local educational agency, or Indian tribe’; andCommentsClose CommentsPermalink





(C) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Evaluation Results-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State agency, local educational agency, and Indian tribe shall--CommentsClose CommentsPermalink





‘(A) submit evaluation results to the State educational agency and the Secretary; andCommentsClose CommentsPermalink





‘(B) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth.CommentsClose CommentsPermalink





‘(2) INDIAN TRIBES- Each Indian tribe shall also submit evaluation results to the Secretary of the Interior.CommentsClose CommentsPermalink





‘(e) Evaluation of Programs for At-Risk Indian Youth-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Not later than 4 years after the date of enactment of the Native Culture, Language, and Access for Success in Schools Act, the Secretary and the Secretary of the Interior, in collaboration with the Attorney General, shall prepare a report that--CommentsClose CommentsPermalink





‘(A) compiles demographic information about at-risk Indian youth, including Indian youth in correctional facilities operated by the Department of the Interior and Indian tribes;CommentsClose CommentsPermalink





‘(B) evaluates existing educational programs for at-risk Indian youth; andCommentsClose CommentsPermalink





‘(C) provides recommendations for improvement of such educational programs.CommentsClose CommentsPermalink





‘(2) SUBMISSION TO CONGRESSIONAL COMMITTEES- The Secretary and the Secretary of the Interior shall submit the report described in paragraph (1) to the Health, Education, Labor and Pensions Committee and the Indian Affairs Committee of the Senate, the Committee on Education and the Workforce and the Committee on Natural Resources of the House of Representatives, and to Indian tribes.’;CommentsClose CommentsPermalink





(15) in section 1442, as redesignated by paragraph (12), by inserting at the end the following:CommentsClose CommentsPermalink





‘(5) INDIAN TRIBE- The term ‘Indian tribe’ means any Indian tribe, band, nation, other organized group or community, including any Alaska Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (42 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.’; andCommentsClose CommentsPermalink





(16) in section 1903(b)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (F), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (G), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(H) representatives of Indian tribes located in the State.’.CommentsClose CommentsPermalink

Subtitle B--Preparing, Training, and Recruiting High-Quality Teachers and PrincipalsCommentsClose CommentsPermalink

SEC. 121. PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS AND PRINCIPALS.

Title II (20 U.S.C. 6601 et seq.) is amended--CommentsClose CommentsPermalink





(1) in part A--CommentsClose CommentsPermalink





(A) by striking paragraph (3) of section 2102 (20 U.S.C. 6602) and inserting the following:CommentsClose CommentsPermalink





‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY- The term ‘high-need local educational agency’ means--CommentsClose CommentsPermalink





‘(A) a local educational agency--CommentsClose CommentsPermalink





‘(i)(I) that serves not fewer than 10,000 children from families with incomes below the poverty line; orCommentsClose CommentsPermalink





‘(II) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; andCommentsClose CommentsPermalink





‘(ii)(I) for which there is a high percentage of teachers not teaching in the academic subjects or grade levels that the teachers were trained to teach; orCommentsClose CommentsPermalink





‘(II) for which there is a high percentage of teachers with emergency, provisional, or temporary certification or licensing; orCommentsClose CommentsPermalink





‘(B) a school funded by the Bureau of Indian Education.’;CommentsClose CommentsPermalink





(B) by striking clause (ii) of section 2111(b)(1)(A) (20 U.S.C. 6611(b)(1)(A)) and inserting the following:CommentsClose CommentsPermalink





‘(ii) 5 percent for the Secretary of the Interior to be distributed to schools operated or funded by the Bureau of Indian Education, as provided in section 2123(c).’;CommentsClose CommentsPermalink





(C) in section 2113(c)(18) (20 U.S.C. 6613(c)(18))--CommentsClose CommentsPermalink





(i) in subparagraph (A) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink





(ii) in subparagraph (B) by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(iii) by inserting at the end the following:CommentsClose CommentsPermalink





‘(C) provides access to clearinghouse information to schools in the State that are funded by the Bureau of Indian Education.’;CommentsClose CommentsPermalink





(D) in section 2122 (20 U.S.C. 6622)--CommentsClose CommentsPermalink





(i) in subsection (b)--CommentsClose CommentsPermalink





(I) in paragraph (2), by inserting ‘, including Indian students,’ after ‘minority students’; andCommentsClose CommentsPermalink





(II) in paragraph (9)--CommentsClose CommentsPermalink

(aa) in subparagraph (C) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink

(bb) in subparagraph (D) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(cc) by adding at the end the following:CommentsClose CommentsPermalink

‘(E) for teachers in schools that serve Indian children, become familiar with the Indian communities served by the local educational agency and incorporate culturally responsive teaching and learning strategies for Indian children into the educational program.’; andCommentsClose CommentsPermalink





(ii) in subsection (c), by inserting ‘, in the case of a local educational agency that serves an Indian tribal community, representatives of Indian tribes,’ after ‘part A of title I’;CommentsClose CommentsPermalink





(E) in section 2123 (20 U.S.C. 6623)--CommentsClose CommentsPermalink





(i) in subsection (a)(3)--CommentsClose CommentsPermalink





(I) in subparagraph (B)--CommentsClose CommentsPermalink

(aa) in clause (ii), by inserting ‘students from Indian reservation communities,’ after ‘(including students who are gifted and talented),’;CommentsClose CommentsPermalink

(bb) in clause (iv), by striking ‘limited English proficient and immigrant children; and’ and inserting ‘children from Indian reservation communities, limited English proficient children, and immigrant children;’;CommentsClose CommentsPermalink

(cc) in clause (v), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(dd) by inserting at the end the following:CommentsClose CommentsPermalink

‘(vi) in the case of a local educational agency that serves Indian children, provide training in effective incorporation of culturally responsive teaching and learning strategies for Indian children.’; andCommentsClose CommentsPermalink





(II) in subparagraph (D), by inserting ‘Indian students,’ after ‘disadvantaged families,’; andCommentsClose CommentsPermalink





(ii) by adding at the end the following:CommentsClose CommentsPermalink





‘(c) Bureau of Indian Education Schools- A school funded by the Bureau of Indian Education that receives funds reserved under section 2111(b)(1)(A)(ii) shall use such funds to carry out 1 or more of the activities described in subsection (a), and may use such funds to improve housing, as needed to recruit and retain highly qualified teachers and principals.’;CommentsClose CommentsPermalink





(F) in section 2131(1) (20 U.S.C. 6631(1))--CommentsClose CommentsPermalink





(i) in subparagraph (A)(i) by inserting ‘, or a tribally controlled college or university (as defined in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801))’ after ‘principals’; andCommentsClose CommentsPermalink





(ii) in subparagraph (B) by inserting ‘an Indian tribe,’ after ‘principal organization,’; andCommentsClose CommentsPermalink





(G) by inserting after subpart 5, the following:CommentsClose CommentsPermalink

‘Subpart 6--Indian Educator Scholarship Program

‘SEC. 2161. INDIAN EDUCATOR SCHOLARSHIP PROGRAM.

‘(a) Grants Authorized- In order to carry out the United States trust responsibility for the education of Indian children, and to provide a more stable base of education professionals to serve in public elementary schools and secondary schools with a significant number of Indian students and schools funded by the Bureau of Indian Education, the Secretary shall make scholarship grants to Indians who are enrolled full- or part-time in appropriately accredited institutions of higher education and pursuing a course of study in elementary and secondary education or school administration. Such scholarships shall be designated Indian educator scholarships and shall be made in accordance with this section.CommentsClose CommentsPermalink





‘(b) Eligibility-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall determine the applicants who will receive scholarships under subsection (a).CommentsClose CommentsPermalink





‘(2) CRITERIA- In order to be eligible for participation in the Indian educator scholarship program, an individual must--CommentsClose CommentsPermalink





‘(A) be an Indian, as defined in section 7151;CommentsClose CommentsPermalink





‘(B) be accepted for enrollment, or be enrolled, as a full- or part-time student in a course of study in elementary and secondary education or school administration at an appropriately accredited institution of higher education;CommentsClose CommentsPermalink





‘(C) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; andCommentsClose CommentsPermalink





‘(D) sign and submit to the Secretary at the time that such application is submitted, a written contract, as described in subsection (c).CommentsClose CommentsPermalink





‘(c) Contents of Contract-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The written contract between the Secretary and the individual, as described in subsection (b)(2)(D), shall contain the following:CommentsClose CommentsPermalink





‘(A) A statement that the Secretary agrees to provide the individual with a scholarship, as described in subsection (d), in each school year or years for a period during which such individual is pursuing a course of study in elementary and secondary education or school administration at an appropriately accredited institution of higher education.CommentsClose CommentsPermalink





‘(B) A statement that the individual agrees--CommentsClose CommentsPermalink





‘(i) to accept provision of the Indian educator scholarship;CommentsClose CommentsPermalink





‘(ii) to maintain enrollment in such course of study until the individual completes the course of study;CommentsClose CommentsPermalink





‘(iii) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Secretary, taking into account the requirements of the educational institution offering such course of study); andCommentsClose CommentsPermalink





‘(iv) to serve through full-time employment at an eligible school for a time period (referred to in this section as the ‘period of obligated service’) equal to the greater of--CommentsClose CommentsPermalink





‘(I) 1 year for the equivalent of each school year for which the individual was provided a scholarship under the Indian educator scholarship program; orCommentsClose CommentsPermalink





‘(II) 2 years.CommentsClose CommentsPermalink





‘(C) A statement of the damages to which the United States is entitled, under subsection (e), for the individual’s breach of the contract.CommentsClose CommentsPermalink





‘(D) Such other statement of the rights and liabilities of the Secretary and of the individual, in accordance with the provisions of this section.CommentsClose CommentsPermalink





‘(2) PERIOD OF OBLIGATED SERVICE-CommentsClose CommentsPermalink





‘(A) ELIGIBLE SCHOOLS- An individual shall meet the requirement for the period of obligated service under the written contract between the individual and the Secretary, as described in paragraph (1), if such individual is employed full-time--CommentsClose CommentsPermalink





‘(i) in a school funded by the Bureau of Indian Education; orCommentsClose CommentsPermalink





‘(ii) in a public school that serves a significant number of Indian students.CommentsClose CommentsPermalink





‘(B) DEFERMENT FOR ADVANCED STUDY- At the request of an individual who has entered into a contract described in this subsection and who has receive a baccalaureate degree in education, the Secretary shall defer the period of obligated service of such individual under such contract to enable such individual to complete a course of study leading to an advanced degree in education, or needed to become certified for an appropriate period (in years, as determined by the Secretary), subject to the following conditions:CommentsClose CommentsPermalink





‘(i) A period of advanced study shall not be counted as satisfying any period of obligated service that is required under this section.CommentsClose CommentsPermalink





‘(ii) The period of obligated service of the individual shall commence at the later of--CommentsClose CommentsPermalink





‘(I) 90 days after the completion of the advanced course of study;CommentsClose CommentsPermalink





‘(II) at the commencement of the first school year that begins after the completion of the advanced course of study; orCommentsClose CommentsPermalink





‘(III) by a date specified by the Secretary.CommentsClose CommentsPermalink





‘(C) PART-TIME STUDY- In the case of an individual receiving a scholarship under this section who is enrolled part-time in an approved course of study--CommentsClose CommentsPermalink





‘(i) a scholarship under this section shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary;CommentsClose CommentsPermalink





‘(ii) the period of obligated service shall be equal to the greater of--CommentsClose CommentsPermalink





‘(I) the part-time equivalent of 1 year for each year for which the individual was provided a scholarship, as determined by the Secretary; orCommentsClose CommentsPermalink





‘(II) 2 years; andCommentsClose CommentsPermalink





‘(iii) the amount of the monthly stipend specified in subsection (d) shall be reduced pro rata, as determined by the Secretary, based on the number of hours of study in which such individual is enrolled.CommentsClose CommentsPermalink





‘(d) Scholarship-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A scholarship provided to a student under the Indian educator scholarship program for a school year shall consist of payment to, or in accordance with paragraph (2), on behalf of, the student in the amount of--CommentsClose CommentsPermalink





‘(A) the tuition of the student for the school year or, for a part-time student, the tuition for the appropriate portion of the school year;CommentsClose CommentsPermalink





‘(B) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the student in such school year; andCommentsClose CommentsPermalink





‘(C) a stipend of $800 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year.CommentsClose CommentsPermalink





‘(2) PAYMENT TO AN INSTITUTION OF HIGHER EDUCATION- The Secretary may contract with an institution of higher education in which a participant in the Indian educator scholarship program is enrolled for the payment to such institution of the amounts of tuition and other reasonable educational expenses described in subparagraph (A) and (B) of paragraph (1). Payment to such institution may be made without regard to section 3324(a) and (b) of title 31.CommentsClose CommentsPermalink





‘(3) STIPEND- The amount of the monthly stipend described in paragraph (1)(C) shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 2011, by an amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the overall percentage (under section 5303 of title 5) of the adjustment (if such adjustment is an increase) in the rates of pay under the General Schedule made effective in the fiscal year in which such school year ends.CommentsClose CommentsPermalink





‘(e) Liability; Failure To Complete the Period of Obligated Service; Repayment-CommentsClose CommentsPermalink





‘(1) LIABILITY- An individual who has entered into a written contract with the Secretary under this section shall be liable to the United States for the amount which has been paid to, or on behalf of, such individual under the contract, if such individual--CommentsClose CommentsPermalink





‘(A) fails to maintain an acceptable level of academic standing in the institution of higher education in which the individual is enrolled (as determined by the Secretary taking into account the requirements of the educational institution offering such course of study);CommentsClose CommentsPermalink





‘(B) is dismissed from such institution of higher education for disciplinary reasons;CommentsClose CommentsPermalink





‘(C) voluntarily terminates the training in such institution of higher education for which such individual is provided a scholarship under such contract before the completion of such training; orCommentsClose CommentsPermalink





‘(D) fails to accept payment, or instructs the institution of higher education in which such individual is enrolled not to accept payment, under this section.CommentsClose CommentsPermalink





‘(2) FAILURE TO COMPLETE THE PERIOD OF OBLIGATED SERVICE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to paragraph (C), if for any reason not specified in paragraph (1), an individual breaches the written contract under this section by failing either to begin such individual’s period of obligated service or failing to complete such obligation, the United States shall be entitled to recover from the individual an amount determined in accordance with the following formula:CommentsClose CommentsPermalink

---------------CommentsClose CommentsPermalink

---------------CommentsClose CommentsPermalink

‘A = 3Z(t-s/t) CommentsClose CommentsPermalink

---------------CommentsClose CommentsPermalink

‘in which--CommentsClose CommentsPermalink





‘(i) ‘A’ is the amount the United States is entitled to recover;CommentsClose CommentsPermalink





‘(ii) ‘Z’ is the sum of the amounts paid under this section to, or on behalf of, the individual and the interest on such amounts which would be payable if, at the time the amounts were paid, they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States;CommentsClose CommentsPermalink





‘(iii) ‘t’ is the total number of months in the individual’s period of obligated service in accordance with subsection (c)(2) of this section; andCommentsClose CommentsPermalink





‘(iv) ‘s’ is the number of months of such period served by such individual in accordance with this section.CommentsClose CommentsPermalink





‘(B) AMOUNTS NOT PAID- Amounts not paid within such period shall be subject to collection through deductions in Medicare payments pursuant to section 1395ccc of title 42.CommentsClose CommentsPermalink





‘(C) DELAY IN THE PERIOD OF OBLIGATED SERVICE- An individual who has entered into a written contract with the Secretary under this section may petition the Secretary to delay the date on which the individual would otherwise be required to begin the period of obligated service if such individual has not succeeded in obtaining employment required by this section. In support of such petition, the individual shall supply such reasonable information as the Secretary may require. The Secretary shall retain full discretion whether to grant or decline such a delay and to determine the duration of any delay that is granted.CommentsClose CommentsPermalink





‘(3) REPAYMENT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any amount of damages which the United States is entitled to recover under this subsection shall be paid to the United States within the 1-year period beginning on the date of the breach or such longer period beginning on such date as shall be specified by the Secretary.CommentsClose CommentsPermalink





‘(B) RECOVERY OF DAMAGES- If damages described in subparagraph (A) are delinquent for 3 months, the Secretary shall, for the purpose of recovering such damages--CommentsClose CommentsPermalink





‘(i) utilize collection agencies contracted with by the Administrator of the General Services Administration; orCommentsClose CommentsPermalink





‘(ii) enter into contracts for the recovery of such damages with collection agencies selected by the Secretary.CommentsClose CommentsPermalink





‘(C) CONTRACTS FOR RECOVERY OF DAMAGES- Each contract for recovering damages pursuant to this subsection shall provide that the contractor will, not less than once every 6 months, submit to the Secretary a status report on the success of the contractor in collecting such damages. Section 3718 of title 31 shall apply to any such contract to the extent not inconsistent with this subsection.CommentsClose CommentsPermalink





‘(4) DEATH- Upon the death of an individual who receives, or has received, an Indian educator scholarship, any obligation of such individual for service or payment that relates to such scholarship shall be canceled.CommentsClose CommentsPermalink





‘(5) WAIVER-CommentsClose CommentsPermalink





‘(A) REQUIRED WAIVER- The Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of an Indian educator scholarship, if the Secretary determines that--CommentsClose CommentsPermalink





‘(i) it is not possible for the recipient to meet the obligation or make the payment;CommentsClose CommentsPermalink





‘(ii) requiring the recipient to meet the obligation or make the payment would result in extreme hardship to the recipient; orCommentsClose CommentsPermalink





‘(iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable.CommentsClose CommentsPermalink





‘(B) PERMISSIBLE WAIVER- Notwithstanding any other provision of law, in any case of extreme hardship or for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section.CommentsClose CommentsPermalink





‘(6) BANKRUPTCY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), and notwithstanding any other provision of law, with respect to a recipient of an Indian educator scholarship, no obligation for payment may be released by a discharge in bankruptcy under title 11.CommentsClose CommentsPermalink





‘(B) EXCEPTION- The prohibition described in subparagraph (A) shall not apply if--CommentsClose CommentsPermalink





‘(i) such discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due; andCommentsClose CommentsPermalink





‘(ii) the bankruptcy court finds that the nondischarge of the obligation would be unconscionable.CommentsClose CommentsPermalink





‘(f) Placement Assistance- The Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to--CommentsClose CommentsPermalink





‘(1) State educational agency clearinghouses for recruitment and placement of kindergarten, elementary school, and secondary school teachers and administrators in States with a substantial number of Indian children;CommentsClose CommentsPermalink





‘(2) elementary schools and secondary schools funded by the Bureau of Indian Education; andCommentsClose CommentsPermalink





‘(3) tribal education agencies (as defined in section 1116A(b)).CommentsClose CommentsPermalink





‘(g) Other Provisions- Notwithstanding any other provision of this title, sections 2101, 2102, 2103, and subparts 1 through 5 of this part shall not apply to a grant or scholarship awarded under this section.CommentsClose CommentsPermalink





‘(h) Authorization of Appropriations- For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2012, and each of the 5 succeeding fiscal years.’;CommentsClose CommentsPermalink





(2) in part B, by striking subparagraph (B) of section 2202(a)(2) (20 U.S.C. 6662(a)(2)) and inserting the following:CommentsClose CommentsPermalink





‘(B) ALLOTMENT- From the amount made available under this part for a fiscal year and not reserved under subparagraph (A)(i), the Secretary shall allot--CommentsClose CommentsPermalink





‘(i) one-half of one percent to the Secretary of the Interior for grants involving schools funded by the Bureau of Education; andCommentsClose CommentsPermalink





‘(ii) the amount remaining after funds are distributed in accordance with clause (i), to the State educational agencies in proportion to the number of children aged 5 to 17, who are from families with incomes below the poverty line and reside in a State for the most recent fiscal year for which satisfactory data are available, as compared to the number of such children who reside in all such States for such year.’; andCommentsClose CommentsPermalink





(3) in part C--CommentsClose CommentsPermalink





(A) in section 2302(b)(2) by striking ‘or public charter schools’ and inserting ‘, public charter schools, or schools funded by the Bureau of Indian Education’; andCommentsClose CommentsPermalink





(B) in section 2304--CommentsClose CommentsPermalink





(i) in subsection (a)(1)(B), by inserting ‘or with a school funded by the Bureau of Indian Education,’ after section ‘2101’; andCommentsClose CommentsPermalink





(ii) in subsection (d)(3), in the matter preceding subparagraph (A), by striking ‘or public charter school’ and inserting ‘public charter school, or school funded by the Bureau of Indian Education’.CommentsClose CommentsPermalink