[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2519 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2519
To support the education of Indian children.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2023
Mr. Ruiz introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To support the education of Indian children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Educator Support and Training
Act'' or the ``NEST Act''.
TITLE I--STUDENT ASSISTANCE
PART A--SCHOLARSHIPS FOR THE STUDY OF EDUCATION AND SCHOOL
ADMINISTRATION
SEC. 101. SCHOLARSHIP PROGRAMS FOR EDUCATORS OF INDIAN STUDENTS AND
INDIAN EDUCATORS.
Part B of title II of the Higher Education Act (20 U.S.C. 1031 et
seq.) is amended by adding at the end the following:
``Subpart 6--Indian Educator Scholarship Program
``SEC. 259A. PURPOSE; DEFINITIONS.
``(a) Purpose.--The purposes of this subpart are--
``(1) to carry out the United States trust responsibility
for the education of Indian children; and
``(2) to provide a more stable base of education
professionals with an understanding of the needs of Indian
students to serve in early childhood education programs, public
elementary schools and secondary schools, schools funded by the
Bureau of Indian Education, the Department of Education, State
educational agencies, tribal education agencies, and local
educational agencies.
``(b) Definitions.--In this subpart:
``(1) The term `Indian' shall have the meaning given that
term in section 316.
``(2) The term `Bureau-funded school' shall have the
meaning given that term in section 1141 of the Education
Amendments of 1978 (25 U.S.C. 2021).
``(3) The term `Native-serving institution of higher
education' shall mean any institution of higher education
eligible under section 316, 317, or 319.
``(4) The term `tribal educational agency' shall have the
meaning given the term in section 6132 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7452).
``(5) The term `Bureau of Indian Education early childhood
development program' means a program operating under a grant
authorized by section 1139 of the Education Amendments of 1978
(25 U.S.C. 2019).
``(6) The term `tribal early childhood education program'
shall mean any of the following programs:
``(A) An American Indian or Alaska Native Head
Start or Early Head Start program carried out under the
Head Start Act (42 U.S.C. 9831 et seq.).
``(B) A tribal child care and development program
carried out under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et seq.).
``(C) A program serving children from birth through
age 6 that--
``(i) receives funding support from the
Native American language preservation and
maintenance program carried out under section
803C of the Native American Programs Act of
1974 (42 U.S.C. 2991b-3);
``(ii) is a tribal prekindergarten program;
``(iii) is a program authorized under
section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419; 20
U.S.C. 1431 et seq.); or
``(iv) is a center-based or group-based
early childhood learning or development program
that the Secretary determines shall be included
under this definition, after receiving a
request from an Indian tribe.
``SEC. 259B. TERMS AND CONDITIONS OF SCHOLARSHIP CONTRACTS.
``(a) In General.--Unless otherwise specified, a scholarship grant
under this subpart shall have the terms and conditions described in
this section.
``(b) Contents of Contract.--
``(1) In general.--The written contract between the
Secretary and the individual receiving a scholarship grant
under this subpart shall contain the following:
``(A) A statement that the Secretary agrees to
provide the individual with a scholarship in accordance
with section 259C, 259D, or 259E, as the case may be.
``(B) A statement that the individual agrees--
``(i) to accept the relevant scholarship
under this subpart;
``(ii) to maintain enrollment in the course
of study for which the scholarship was awarded
until the individual completes the course of
study;
``(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 institution of higher education offering
such course of study); and
``(iv) to serve, through full-time
employment at an eligible school or eligible
service employer (as described under section
259C, 259D, or 259E, as the case may be), for a
time period (referred to in this section as the
`period of obligated service') equal to the
greater of--
``(I) 1 year for the equivalent of
each school year for which the
individual was provided a scholarship
under this subpart; or
``(II) 3 years.
``(C) A statement of the damages to which the
United States is entitled, under subsection (d), for
the individual's breach of the contract.
``(D) Any other relevant statements of the rights
and liabilities of the Secretary and of the individual,
in accordance with the provisions of this subpart.
``(2) Period of obligated service.--
``(A) In general.--The recipient of a scholarship
grant under this subpart shall be required to carry out
a period of obligated service, as described in
paragraph (1)(B)(iv).
``(B) Deferment.--
``(i) In general.--At the request of an
individual who has entered into a contract
described in this subsection, the Secretary
shall grant a deferment for the period of
obligated service of such individual under such
contract for any of the following reasons:
``(I) Advanced study.--For advanced
study to enable such individual to
complete a course of study--
``(aa) leading to an
advanced degree in early
childhood education, elementary
or secondary education or
school administration; or
``(bb) needed to become
certified by a State or Indian
tribe to teach, for an
appropriate period (in years,
as determined by the
Secretary).
``(II) Family and medical leave.--
For family or medical leave for a
period in alignment with section 102 of
the Family and Medical Leave Act of
1993 (29 U.S.C. 2612) and as approved
by the Secretary.
``(III) Military service.--If the
individual is a member of the National
Guard or other reserve component of the
Armed Forces of the United States, or a
member of such Armed Forces in a
retired status, and such individual is
called or ordered to active duty (as
defined in section 101(d)(1) of title
10, United States Code), such
individual shall be eligible for a
deferment during the period of active
duty and for an appropriate period (as
determined by the Secretary) after
returning from active duty.
``(ii) Conditions of deferment.--A
deferment granted under this subparagraph shall
be subject to the following conditions:
``(I) The deferment period shall
not be counted as satisfying any period
of obligated service that is required
under this section.
``(II) The period of obligated
service of the individual shall
commence at the later of--
``(aa) 90 days after the
completion of the deferment
period;
``(bb) the commencement of
the first school year at the
school where the individual has
been hired that begins after
the completion of the
deferment; or
``(cc) a date specified by
the Secretary.
``(C) Part-time study.--In the case of an
individual receiving a scholarship under this subpart
who is enrolled part-time in an approved course of
study--
``(i) a scholarship under this subpart
shall be for a period of years not to exceed
the part-time equivalent of 4 years, as
determined by the Secretary;
``(ii) the period of obligated service
shall be equal to the greater of--
``(I) 1 year for the equivalent of
each full-time academic year for which
the individual was provided a
scholarship (as determined by the
Secretary by adding the fractions of a
full-time academic year that each
period of part-time attendance
comprises); or
``(II) 2 years; and
``(iii) the amount of the monthly stipend
specified in subsection (c) shall be reduced
pro rata, as determined by the Secretary, based
on the number of hours of study in which such
individual is enrolled.
``(c) Scholarship.--
``(1) In general.--A scholarship provided to a student
under this subpart for a school year shall equal the amount
of--
``(A) the tuition of the student;
``(B) all other reasonable educational expenses
incurred by the student in such school year, including
fees, books, laboratory expenses, and other expenses as
determined by the Secretary; and
``(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.
``(2) Payment to an institution of higher education.--The
Secretary may contract with an institution of higher education
in which a participant in the scholarship program under this
subpart is enrolled for the payment to such institution on
behalf of the student of the amounts of tuition and other
reasonable educational expenses described in subparagraphs (A)
and (B) of paragraph (1). Payment to such institution may be
made without regard to subsections (a) and (b) of section 3324
of title 31, United States Code.
``(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, 2024, by the amount (rounded to the next highest
multiple of $1) equal to the amount of such stipend multiplied
by the percentage adjustment in the rates of pay under the
General Schedule taking effect under section 5303 of title 5,
United States Code, during the fiscal year in which such school
year ends (if such adjustment is an increase).
``(d) Liability; Failure To Complete the Period of Obligated
Service; Repayment.--
``(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--
``(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 institution of higher education
offering such course of study);
``(B) is dismissed from such institution of higher
education for disciplinary reasons;
``(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; or
``(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.
``(2) Failure to complete 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 regarding the decision about whether to grant or
decline such a delay and to determine the duration of any delay
that is granted.
``(3) Repayment.--
``(A) In general.--An individual who has entered
into a written contract with the Secretary under this
section and who is liable for any amount of damages
which the United States is entitled to recover under
this subsection shall--
``(i) begin payment of such damages to the
United States within 1 year of the date of the
breach or on such later date as specified by
the Secretary; and
``(ii) repay the amount of such damages in
full following a schedule and by a deadline
determined by the Secretary.
``(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--
``(i) utilize collection agencies
contracted with by the Administrator of the
General Services Administration; or
``(ii) enter into contracts for the
recovery of such damages with collection
agencies selected by the Secretary.
``(C) Contracts for recovery of damages.--Each
contract for recovering damages pursuant to this
paragraph 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,
United States Code, shall apply to any such contract to
the extent not inconsistent with this subsection.
``(4) Death.--Upon the death of an individual who receives,
or has received, a scholarship under this subpart, any
obligation of such individual for service or payment that
relates to such scholarship shall be canceled.
``(5) Waiver.--
``(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 a
scholarship under this subpart, if the Secretary
determines that--
``(i) it is not possible for the recipient
to meet the obligation or make the payment;
``(ii) requiring the recipient to meet the
obligation or make the payment would result in
extreme hardship to the recipient; or
``(iii) the enforcement of the requirement
to meet the obligation or make the payment
would be unconscionable.
``(B) Permissible waiver.--Notwithstanding any
other provision of law, 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.
``(6) Bankruptcy.--
``(A) In general.--Subject to subparagraph (B), and
notwithstanding any other provision of law, with
respect to a recipient of a scholarship under this
subpart, no obligation for payment may be released by a
discharge in bankruptcy under title 11.
``(B) Exception.--The prohibition described in
subparagraph (A) shall not apply if--
``(i) such discharge is granted after the
expiration of the 5-year period beginning on
the initial date on which that payment is due;
and
``(ii) the bankruptcy court finds that the
nondischarge of the obligation would be
unconscionable.
``(e) Applicability of Other Provisions.--Notwithstanding any other
provision of law, an individual receiving a scholarship under this
subpart shall continue to be eligible for any other grant programs and
loan forgiveness programs for which the individual would otherwise be
eligible.
``SEC. 259C. INDIAN STUDENT EDUCATOR SCHOLARSHIP PROGRAM.
``(a) Grants Authorized.--
``(1) In general.--The Secretary shall provide to each
eligible applicant who is accepted for a scholarship under this
section with a scholarship grant in each school year or years
for a period during which such individual is pursuing a course
of study in early childhood education, elementary or secondary
education, or school administration at an institution of higher
education.
``(2) Designation.--Scholarships made under paragraph (1)
shall be designated `Indian student educator scholarships'.
``(b) Eligibility.--
``(1) In general.--The Secretary shall select which
eligible applicants will receive an Indian student educator
scholarship under subsection (a).
``(2) Criteria.--In order to be eligible to receive an
Indian student educator scholarship, an individual shall--
``(A) be accepted for enrollment, or be enrolled,
as a full-time or part-time student in a course of
study in early childhood education, elementary or
secondary education, or school administration at an
institution of higher education;
``(B) submit an application to participate in the
Indian educator scholarship program at such time and in
such manner as the Secretary shall determine; and
``(C) sign and submit to the Secretary, at the time
that such application is submitted, a written contract
as described in section 259B, which shall include a
commitment to serve through full-time employment at an
eligible school for the period of obligated service.
``(c) Eligible Schools.--An individual shall be considered to be
serving, through full-time employment at an eligible school, as
required under section 259B(b)(1)(B)(iv), if the individual is employed
full-time--
``(1) in a Bureau-funded school, including a Bureau of
Indian Education early childhood development program;
``(2) in a public elementary school or secondary school
that serves a significant number of Indian students, as
determined by the Secretary in consultation with Indian tribes;
``(3) in a tribal early childhood education program; or
``(4) in a federally-funded early childhood education
program that serves a significant number of Indian students, as
determined by the Secretary in consultation with Indian tribes.
``(d) 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--
``(1) State educational agency clearinghouses for
recruitment and placement of early childhood, kindergarten,
elementary school, and secondary school teachers and school
administrators in States with a significant number of Indian
children;
``(2) Bureau of Indian Education early childhood
development programs;
``(3) elementary schools and secondary schools that are
Bureau-funded schools; and
``(4) tribal educational agencies.
``SEC. 259D. INDIAN EDUCATOR SCHOLARSHIP PROGRAM.
``(a) Grants Authorized.--
``(1) In general.--The Secretary shall provide to each
eligible applicant who is accepted for a scholarship under this
section with a scholarship grant in each school year or years
for a period during which such individual is pursuing a course
of study in early childhood education, elementary or secondary
education, or school administration at an institution of higher
education.
``(2) Designation.--Scholarships made under paragraph (1)
shall be designated `Indian educator scholarships'.
``(b) Eligibility.--
``(1) In general.--The Secretary shall select which
eligible applicants will receive an Indian educator scholarship
under subsection (a).
``(2) Criteria.--In order to be eligible to receive an
Indian educator scholarship, an individual shall--
``(A) be an Indian;
``(B) be accepted for enrollment, or be enrolled,
as a full-time or part-time student in a course of
study in early childhood education, elementary or
secondary education, or school administration at an
institution of higher education;
``(C) submit an application to participate in the
Indian educator scholarship program at such time and in
such manner as the Secretary shall determine; and
``(D) sign and submit to the Secretary, at the time
that such application is submitted, a written contract
as described in section 259B, which shall include a
commitment to serve through full-time employment at an
eligible school for the period of obligated service.
``(c) Eligible Schools.--An individual shall be considered to be
serving, through full-time employment at an eligible school, as
required under as section 259B(b)(1)(B)(iv), if the individual is
employed full-time--
``(1) in a Bureau-funded school, including a Bureau of
Indian Education early childhood development program;
``(2) in a public elementary school or secondary school
that is in the school district of a local educational agency
which is eligible during the period of obligated service for
assistance under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.);
``(3) in a tribal early childhood education program; or
``(4) in a federally-funded early childhood education
program that serves a significant number of Indian students, as
determined by the Secretary in consultation with Indian tribes.
``(d) 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--
``(1) State educational agency clearinghouses for
recruitment and placement of kindergarten, elementary school,
and secondary school teachers and school administrators in
States with a significant number of Indian children;
``(2) Bureau of Indian Education early childhood
development programs;
``(3) elementary schools and secondary schools that are
Bureau-funded schools; and
``(4) tribal educational agencies.
``SEC. 259E. INDIAN EDUCATOR GRADUATE FELLOWSHIP PROGRAM.
``(a) Grants Authorized.--
``(1) In general.--The Secretary shall make scholarship
grants in accordance with this section to Indians who are
enrolled on a full-time or part-time basis in institutions of
higher education and pursuing a graduate level course of study
in education or school administration.
``(2) Designation.--Scholarships made under paragraph (1)
shall be designated `Indian educator graduate fellowships'.
``(b) Eligibility.--
``(1) In general.--The Secretary shall select which
eligible applicants will receive an Indian educator graduate
fellowship under subsection (a).
``(2) Criteria.--In order to be eligible to receive an
Indian educator graduate fellowship, an individual shall--
``(A) be an Indian;
``(B) be accepted for enrollment, or be enrolled,
as a full-time or part-time student in a graduate level
course of study in education or school administration
at an institution of higher education;
``(C) submit an application to participate in the
Indian educator graduate fellowship program at such
time and in such manner as the Secretary shall
determine; and
``(D) sign and submit to the Secretary, at the time
that such application is submitted, a written contract
as described in section 259B, which shall include a
commitment to serve through full-time employment at an
eligible service employer for the period of obligated
service.
``(c) Eligible Service Employers.--An individual shall be
considered to be serving, through full-time employment at an eligible
service employer, as required under section 259B(b)(1)(B)(iv), if the
individual is employed full-time--
``(1) in a Bureau-funded school;
``(2) in a public elementary school or secondary school
that serves a significant number of Indian students, as
determined by the Secretary in consultation with Indian tribes;
``(3) by a Native-serving institution of higher education;
``(4) in a tribal early childhood education program;
``(5) in a federally-funded early childhood education
program that serves a significant number of Indian students, as
determined by the Secretary in consultation with Indian tribes;
``(6) for a tribal educational agency;
``(7) for a State educational agency or local educational
agency that serves a significant number of Indian students, as
defined by the Secretary in consultation with Indian tribes;
``(8) for the Department of Education; or
``(9) for the Bureau of Indian Education.
``(d) Placement Assistance.--The Secretary shall assist the
recipient of an Indian educator graduate fellowship in learning about
placement opportunities in eligible service employers in such manner as
the Secretary determines appropriate.''.
PART B--LOAN FORGIVENESS FOR INDIAN EDUCATORS
SEC. 111. LOAN FORGIVENESS FOR EDUCATORS WORKING IN BUREAU OF INDIAN
EDUCATION-FUNDED SCHOOLS AND LOCAL EDUCATIONAL AGENCIES
WITH A HIGH PERCENTAGE OF AMERICAN INDIAN STUDENTS.
(a) Part B Loans.--Section 428J of the Higher Education Act of 1965
(20 U.S.C. 1078-10) is amended--
(1) in subsection (b)(1), by inserting ``subject to
paragraphs (4) and (5) of subsection (c),'' before ``has been
employed''; and
(2) in subsection (c), by adding at the end the following:
``(4) Additional amounts for educators in bureau of indian
education-funded schools and local educational agencies with a
high percentage of american indian students.--Notwithstanding
the amount specified in paragraph (1) and the requirements
under subparagraphs (A) and (B) of subsection (b)(1), the
aggregate amount that the Secretary shall repay under this
section shall be not less than $17,500 in the case of a
borrower who has been employed as a full-time teacher or school
administrator for 5 consecutive complete school years as--
``(A) a teacher or school administrator in a local
educational agency described in section 6112(b)(1) of
the Elementary and Secondary Education Act of 1965; or
``(B) a teacher or school administrator in a
Bureau-funded school (as defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)).''.
(b) Part D Loans.--Section 460 of the Higher Education Act of 1965
(20 U.S.C. 1087j) is amended--
(1) in subsection (b)(1) by inserting ``subject to
paragraphs (4) and (5) of subsection (c),'' before ``has been
employed''; and
(2) in subsection (c), by adding at the end the following:
``(4) Additional amounts for educators in bureau of indian
education-funded schools and local educational agencies with a
high percentage of american indian students.--Notwithstanding
the amount specified in paragraph (1) and the requirements
under subparagraphs (A) and (B) of subsection (b)(1), the
aggregate amount that the Secretary shall cancel under this
section shall be not less than $17,500 in the case of a
borrower who has been employed as a full-time teacher or school
administrator for 5 consecutive complete school years as--
``(A) a teacher or school administrator in a local
educational agency described in section 6112(b)(1) of
the Elementary and Secondary Education Act of 1965; or
``(B) a teacher or school administrator in a
Bureau-funded school (as defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)).''.
SEC. 112. LOAN FORGIVENESS FOR AMERICAN INDIAN EDUCATORS.
(a) Part B Loans.--Section 428J(c) of the Higher Education Act of
1965 (20 U.S.C. 1078-10(c)), as amended by section 111, is further
amended by adding at the end the following:
``(5) Additional amounts for american indian educators.--
Notwithstanding the amount specified in paragraph (1) and the
requirements under subparagraphs (A) and (B) of subsection
(b)(1), the aggregate amount that the Secretary shall repay
under this section shall be not less than $17,500 in the case
of a borrower who--
``(A) has been employed as a full-time teacher or
school administrator for 5 consecutive complete school
years in--
``(i) a Bureau-funded elementary school or
secondary school (as defined in section 1141 of
the Education Amendments of 1978 (25 U.S.C.
2021)); or
``(ii) a public elementary school or
secondary school that is in the school district
of a local educational agency which is eligible
during the period of obligated service for
assistance under part A of title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.); and
``(B) is a member of an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).''.
(b) Part D Loans.--Section 460(c) of the Higher Education Act of
1965 (20 U.S.C. 1087j(c)), as amended by section 111, is further
amended by adding at the end the following:
``(5) Additional amounts for american indian educators.--
Notwithstanding the amount specified in paragraph (1) and the
requirements under subparagraphs (A) and (B) of subsection
(b)(1), the aggregate amount that the Secretary shall cancel
under this section shall be not less than $17,500 in the case
of a borrower who--
``(A) has been employed as a full-time teacher or
school administrator for 5 consecutive complete school
years in--
``(i) a Bureau-funded elementary school or
secondary school (as defined in section 1141 of
the Education Amendments of 1978 (25 U.S.C.
2021)); or
``(ii) a public elementary school or
secondary school that is in the school district
of a local educational agency which is eligible
during the period of obligated service for
assistance under part A of title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.); and
``(B) is a member of an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).''.
SEC. 113. CANCELLATION OF LOANS FOR EDUCATORS TEACHING IN BUREAU OF
INDIAN EDUCATION-FUNDED SCHOOLS AND NATIVE AMERICAN
LANGUAGE IMMERSION PROGRAMS.
Section 465(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1087ee(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)(II), by striking ``or'' after the
semicolon;
(B) in clause (ii), by inserting ``or'' after the
semicolon; and
(C) by inserting after clause (ii) the following:
``(iii) in an elementary school or secondary school
that is a Bureau-funded school (as defined in section
1141 of the Education Amendments of 1978 (25 U.S.C.
2021));'' and
(2) in subparagraph (G), by inserting ``Native American
language immersion,'' after ``foreign languages,''.
TITLE II--INSTITUTIONAL AID
PART A--PROFESSIONAL DEVELOPMENT GRANTS FOR NATIVE-SERVING ELEMENTARY
SCHOOLS AND SECONDARY SCHOOLS
SEC. 201. NATIONAL BOARD CERTIFICATION INCENTIVE PROGRAM.
Subpart 2 of part A of title VI of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at
the end the following:
``SEC. 6123. NATIONAL BOARD CERTIFICATION INCENTIVE PROGRAM.
``(a) Purposes.--The purposes of this section are--
``(1) to improve the skills of qualified individuals who
are Indian (as defined by section 103 of the Native American
Languages Act (25 U.S.C. 2902)) or who teach Indian people;
``(2) to provide an incentive for qualified educators to
continue to utilize their enhanced skills in elementary schools
and secondary schools serving Indian communities; and
``(3) to increase the retention of highly skilled Indian
educators in elementary schools and secondary schools seeking
to better incorporate Indian culture and history into the
general curriculum.
``(b) Definitions.--In this section:
``(1) Bureau-funded school.--The term `Bureau-funded
school' has the meaning given the term in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021).
``(2) Eligible entities.--The term `eligible entity'
means--
``(A) a State educational agency in consortium with
an institution of higher education;
``(B) a local educational agency in consortium with
an institution of higher education;
``(C) an Indian tribe or organization, in
consortium with a local educational agency and an
institution of higher education;
``(D) an Indian tribe or organization, in
consortium with a Bureau-funded school and an
institution of higher education; or
``(E) a Bureau-funded school in consortium with an
institution of higher education.
``(3) Eligible educators.--The term `eligible educator'
means--
``(A) a teacher who teaches a minimum number of
Indian students, as determined by the Secretary in
consultation with Indian tribes; or
``(B) a teacher who is Indian.
``(4) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities having applications approved under this
section to enable such eligible entities to--
``(1) reimburse eligible educators for out-of-pocket costs
associated with obtaining teacher certification or
credentialing by the National Board for Professional Teaching
Standards; and
``(2) provide an increase in annual compensation, in an
amount equal to not less than $5,000 and not more than a
$10,000, for eligible educators with a certification from the
National Board for Professional Teaching Standards for the
duration of the grant under this section.
``(d) Application.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require.
``(2) Special rule.--In the case of an eligible entity
desiring to utilize all or a portion of a grant under this
section for eligible educators identified in subparagraph (B)
of subsection (b)(3) who would not also qualify as an eligible
educator under subparagraph (A) of subsection (b)(3), the
eligible entity shall provide an assurance that grant funds
will support only those educators who are tribally enrolled or
affiliated with an Indian tribe.
``(e) Awarding of Grants.--In awarding grants under this section,
the Secretary shall determine the amount and length of each grant,
which shall not exceed 5 years.
``(f) Restrictions on Compensation Increases.--The Secretary shall
require and ensure that individuals who obtain a certification from the
National Board for Professional Teaching Standards under this section
continue to teach at a school served by the eligible entity through
which funding for such certification was obtained as a condition of
receiving annual compensation increases provided for in this section.
``(g) Progress Reports.--
``(1) In general.--For every year for which Congress
allocates funds for grants under this section, the Secretary
shall provide a report on the progress of the eligible entities
receiving grants under this section in meeting applicable
progress standards, as determined by the Secretary.
``(2) Dissemination.--The Secretary shall disseminate the
report described in this subsection to each of the following:
``(A) The Committee on Health, Education, Labor,
and Pensions of the Senate.
``(B) The Committee on Indian Affairs of the
Senate.
``(C) The Subcommittee on Indian, Insular, and
Alaska Native Affairs of the Committee on Natural
Resources of the House of Representatives.
``(D) The Committee on Education and the Workforce
of the House of Representatives.''.
PART B--NATIVE LANGUAGE TEACHER TRAINING PROGRAM GRANTS FOR NATIVE-
SERVING INSTITUTIONS OF HIGHER EDUCATION
SEC. 211. NATIVE LANGUAGE TEACHER TRAINING PROGRAM DEVELOPMENT GRANTS
FOR TRIBAL COLLEGES AND UNIVERSITIES AND INSTITUTIONS OF
HIGHER EDUCATION THAT SERVE SIGNIFICANT NUMBERS OF NATIVE
STUDENTS.
Title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et
seq.) is amended--
(1) by redesignating part G as part H; and
(2) by inserting after part F the following:
``PART G--NATIVE AMERICAN LANGUAGE TEACHER TRAINING PROGRAM DEVELOPMENT
``SEC. 381. NATIVE AMERICAN LANGUAGE TEACHER TRAINING PROGRAM
DEVELOPMENT.
``(a) Purpose.--The purpose of this section is to establish a grant
program that seeks--
``(1) to increase the number of well-trained and
pedagogically effective Native American language speakers in
teaching and other education professions that serve Indian
people;
``(2) to provide ongoing training and professional
development to Native American immersion and language
instructors to improve their linguistic and pedagogical skills;
and
``(3) to support the efforts of American Indian and Alaska
Native communities to effectively revitalize, maintain, and
teach their languages, as envisioned in the Native American
Languages Act (25 U.S.C. 2901 et seq.) and section 803C of the
Native American Programs Act of 1974 (42 U.S.C. 2991b-3).
``(b) Definition of Eligible Institution.--In this section, the
term `eligible institution' means any of the following:
``(1) An institution eligible to receive funding under
section 316, 317(b), or 319(b).
``(2) A consortium of 2 or more institutions described in
paragraph (1).
``(c) Grant Program Authorized.--
``(1) In general.--The Secretary shall establish a program,
to be known as the Native American Language Teacher Training
Program, under which the Secretary shall provide grants, on a
competitive basis, to eligible institutions to promote the
recruitment and training of Native immersion and language
teachers to further support the revitalization, maintenance,
and use of Native American languages in the classroom.
``(2) Duration.--A grant under paragraph (1) shall be for a
period of not more than 5 years.
``(3) Application.--
``(A) In general.--To be eligible to receive a
grant under this subsection, an eligible institution
shall submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may reasonably require.
``(B) Application paperwork reduction.--
``(i) The Secretary shall establish
application requirements in such a manner as to
simplify and streamline the process for
applying for grants under this section.
``(ii) The Secretary shall not require any
Tribal College or University, as defined in
section 316, applying individually for a grant
under this section, to submit any separate,
preliminary, or additional grant eligibility
application or information because of the
institution's status as a Tribal College or
University.
``(C) Inclusion.--An application under this
paragraph shall include a plan for the program proposed
to be carried out by the eligible institution,
including--
``(i) a description of a 5-year strategy
for meeting the Native immersion teacher
recruitment and training needs of American
Indians or Alaska Natives, as appropriate, in
the population served by the institution,
including a description of any partnerships
with tribal, local, or Bureau-operated
educational agencies;
``(ii) an identification of the American
Indian or Alaska Native population to be served
by the eligible institution;
``(iii) an identification of the status of
the target Native American language or
languages used within the population;
``(iv) a description of the professional
development and degree services to be provided
under the program, including the manner in
which the services will be integrated with
other appropriate activities and programs; and
``(v) a description, to be prepared in
consultation with the Secretary, of the
performance measures to be used to assess the
performance of the eligible institution
carrying out the program.
``(D) Requirement.--A program plan under
subparagraph (C) shall be consistent with the purposes
of this section, as determined by the Secretary.
``(d) Use of Funds.--
``(1) Required activities.--A grantee shall use grant funds
provided under this section to carry out the following
activities:
``(A) Development of a new Native American
immersion and language teacher training program that
leads to State or tribal teacher certification.
``(B) Support and expansion of an existing Native
American immersion and language teacher training
program that leads to a State or tribal teacher
certification.
``(C) Development and delivery of professional
development workshops and courses aimed at improving
the immersion and language acquisition pedagogical
practices of Native American immersion and language
teachers.
``(2) Allowable activities.--A grantee may use grant funds
provided under this section to carry out additional activities,
including--
``(A) curriculum development and academic
instruction, including educational activities,
programs, and partnerships relating to students in
prekindergarten through grade 12;
``(B) development and establishment of a national
Native American immersion and language teacher best
practices guideline or certification;
``(C) professional development for institutional
faculty or for elementary and secondary education
administrators and educational support staff; and
``(D) innovative Native American language and
immersion program classroom research for students in
prekindergarten through grade 12.
``(e) Concurrent Funding.--An eligible institution that receives a
grant under this section may concurrently receive funds under section
316, 317, or 319.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2024 through 2028.''.
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