108th CONGRESS
1st Session
H. R. 2362
To amend the Native American Languages Act to provide for the support
of Native American language survival schools, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 5, 2003
Mr. CASE (for himself, Mr. ABERCROMBIE, and Mr. YOUNG of Alaska) introduced
the following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To amend the Native American Languages Act to provide for the support
of Native American language survival schools, and for other purposes.
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 American Languages Act Amendments of
2003'.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To encourage and support, consistent with the policy of the United States
as expressed in the Native American Languages Act (25 U.S.C. 2901 et seq.)--
(A) the development of Native American language survival schools as innovative
means of addressing the effects of past discrimination against Native
American language speakers; and
(B) the revitalization of Native American languages through--
(i) education in Native American languages; and
(ii) instruction in other academic subjects using Native American languages
as an instructional medium.
(2) To demonstrate the positive effects of Native American language survival
schools on the academic success of Native American students and the students'
mastery of standard English.
(3) To encourage and support the involvement of families in the educational
and cultural survival efforts of Native American language survival schools.
(4) To encourage communication, cooperation, and educational exchange among
Native American language survival schools and the administrators of Native
American language survival schools.
(5) To provide support for Native American language survival school facilities
and endowments.
(6) To provide support for Native American language nests--
(A) as part of Native American language survival schools; or
(B) as separate programs that will be developed into more comprehensive
Native American language survival schools.
(7) To support the development of local and national models that can be
disseminated to the public and made available to other schools as exemplary
methods of teaching Native American students.
(8) To develop a support center system for Native American language survival
schools at the university level.
SEC. 3. DEFINITIONS.
Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended
to read as follows:
`SEC. 103. DEFINITIONS.
`(1) ELEMENTARY SCHOOL- The term `elementary school' has the meaning given
the term in section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
`(2) INDIAN- The term `Indian' has the meaning given the term in section
7151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7491).
`(3) INDIAN RESERVATION- The term `Indian reservation' has the meaning given
the term `reservation' in section 3 of the Indian Financing Act of 1974
(25 U.S.C. 1452).
`(4) INDIAN TRIBAL GOVERNMENT- The term `Indian tribal government' has the
meaning given the term in section 502 of the Indian Environmental General
Assistance Program Act of 1992 (42 U.S.C. 4368b).
`(5) 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. 450b).
`(6) NATIVE AMERICAN- The term `Native American' means--
`(B) a Native American Pacific Islander; and
`(7) NATIVE AMERICAN LANGUAGE- The term `Native American language' means
a historical, traditional language spoken by Native Americans.
`(8) NATIVE AMERICAN LANGUAGE COLLEGE- The term `Native American language
college' means--
`(A) a tribally controlled college or university (as defined in section
2 of the Tribally Controlled College or University Assistance Act of 1978
(25 U.S.C. 1801));
`(B) a college that is applying for, or has obtained, funds under section
109 for a Native American language survival school in a Native American
language that--
`(i) the college regularly offers as part of the curriculum of the college;
and
`(ii) has the support of an Indian tribal government traditionally affiliated
with the Native American language; and
`(C) Ka Haka `Ula O Ke'elikolani College.
`(9) NATIVE AMERICAN LANGUAGE EDUCATIONAL ORGANIZATION- The term `Native
American language educational organization' means an organization that--
`(A) is governed by a board consisting--
`(i) primarily of Native Americans; and
`(ii) as many speakers of 1 or more Native American languages as practicable;
`(B) is currently providing instruction through the use of a Native American
language to at least 10 preschool, elementary school, or secondary school
students for at least 700 hours per year per student;
`(C) has provided instruction through the use of a Native American language
to at least 10 preschool, elementary school, or secondary school students
for at least 700 hours per year per student for a period of not less than
3 years before the date of application for a grant or contract under this
title; and
`(D) may be a public school that meets the requirements of subparagraphs
(A), (B), and (C).
`(10) NATIVE AMERICAN LANGUAGE NEST- The term `Native American language
nest' means a site-based educational program that--
`(A) enrolls families with children under the age of 7;
`(B) is conducted through a Native American language for at least 700
hours per year per student; and
`(C) has the specific goal of strengthening, revitalizing, or reestablishing
a Native American language and culture as a living language and culture
of daily life.
`(11) NATIVE AMERICAN LANGUAGE SURVIVAL SCHOOL- The term `Native American
language survival school' means a site-based educational program--
`(A) in which a Native American language is dominant;
`(B) that expands from a Native American language nest, as a separate
entity or inclusive of a Native American language nest, to enroll families
with children eligible for elementary school or secondary school; and
`(C) that provides a complete education through a Native American language
with the specific goal of strengthening, revitalizing, or reestablishing
a Native American language and culture as a living language and culture
of daily life.
`(12) NATIVE AMERICAN PACIFIC ISLANDER- The term `Native American Pacific
Islander' means any descendant of the aboriginal people of any island in
the Pacific Ocean that is a territory or possession of the United States.
`(13) NATIVE HAWAIIAN- The term `Native Hawaiian' has the meaning given
the term in section 7207 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7517).
`(14) SECONDARY SCHOOL- The term `secondary school' has the meaning given
the term in section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
`(15) SECRETARY- The term `Secretary' means the Secretary of Education.
`(16) TRIBAL ORGANIZATION- The term `tribal organization' has the meaning
given the term in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).'.
SEC. 4. NATIVE AMERICAN LANGUAGE NESTS AND SURVIVAL SCHOOLS.
The Native American Languages Act (25 U.S.C. 2901 et seq.) is amended by adding
at the end the following:
`SEC. 108. NATIVE AMERICAN LANGUAGE NESTS.
`(a) IN GENERAL- The Secretary may make grants to, or enter into contracts
with, Native American language educational organizations, Native American
language colleges, Indian tribal governments, organizations that demonstrate
the potential to become Native American language educational organizations,
or consortia of such entities for the purpose of establishing Native American
language nests for--
`(1) students under the age of 7; and
`(2) families of the students.
`(b) REQUIREMENTS- A Native American language nest receiving funds under this
section shall--
`(1) provide instruction and child care through the use of a Native American
language for at least 10 children under the age of 7 for at least 700 hours
per year per student;
`(2) provide compulsory classes in a Native American language for parents
of students enrolled in a Native American language nest (including Native
American language-speaking parents);
`(3) provide compulsory monthly meetings for parents and other family members
of students enrolled in a Native American language nest;
`(4) provide a preference in enrollment for students and families who are
fluent in a Native American language;
`(5) receive at least 5 percent of the funding for the program from another
source, which may include any federally funded program (such as a Head Start
program funded under the Head Start Act (42 U.S.C. 9831 et seq.)); and
`(6) ensure that a Native American language becomes the dominant medium
of instruction in the Native American language nest not later than 6 years
after the date on which the Native American language nest first receives
funding under this title.
`SEC. 109. NATIVE AMERICAN LANGUAGE SURVIVAL SCHOOLS.
`(a) IN GENERAL- The Secretary may make grants to, or enter into contracts
with, Native American language educational organizations, Native American
language colleges, Indian tribal governments, or consortia of such entities,
to operate, expand, and increase the number of Native American language survival
schools throughout the United States and the territories of the United States
for Native American children and Native American language-speaking children.
`(b) ELIGIBILITY- As a condition of receiving funds under subsection (a),
a Native American language educational organization, a Native American language
college, an Indian tribal government, or a consortium of such entities--
`(1) shall have at least 3 years experience in operating and administering--
`(A) a Native American language survival school;
`(B) a Native American language nest; or
`(C) any other educational program in which instruction is conducted in
a Native American language;
`(2) shall include students who are subject to State compulsory education
laws; and
`(A) students from infancy through grade 12; and
`(B) the families of the students.
`(c) PRIORITY- In making grants or entering into contracts under this section,
the Secretary shall give priority to--
`(1) the provision of direct educational services;
`(2) applicants that have the support of each appropriate tribal government;
and
`(3) applicants that have researched language revitalization and the unique
characteristics and circumstances of the languages of their schools.
`(1) REQUIRED USES- A Native American language survival school receiving
funds under this section--
`(A) shall consist of not less than 700 hours of instruction per student
conducted annually through 1 or more Native American languages for at
least 15 students for whom a Native American language survival school
is their principal place of instruction;
`(B) shall provide direct educational services and school support services
to students, which may include--
`(i) support services for children with special needs;
`(v) teacher and staff housing;
`(vi) purchase of basic materials;
`(vii) adaptation of teaching materials;
`(viii) translation and development; and
`(ix) other appropriate services;
`(C)(i) shall provide direct or indirect educational and support services
for the families of enrolled students on site, through colleges, or through
other means to increase the families' knowledge and use of the Native
American language and culture; and
`(ii) may impose a requirement of family participation as a condition
of student enrollment; and
`(D) shall ensure that within 3 years of enrollment, all students achieve
functional fluency in a Native American language that is appropriate to
the unique circumstances and endangerment status of the Native American
language, with the ultimate goal of academic or cognitive fluency.
`(2) PERMISSIBLE USES- A Native American language survival school receiving
funds under this section may--
`(A) include Native American language nests and other educational programs
for students who--
`(i) are not Native American language speakers; but
`(I) to establish fluency through instruction in a Native American
language; or
`(II) to reestablish fluency as descendants of Native American language
speakers;
`(B) provide instruction through more than 1 language;
`(C) provide instruction through a regional program (as opposed to 1 site)
to better serve geographically dispersed students;
`(D) include a program of concurrent and summer college or university
education course enrollment for secondary school students enrolled in
the Native American language survival school;
`(E) provide special support for Native American languages for which there
are very few or no remaining Native American language speakers;
`(F) develop comprehensive curricula in Native American language instruction
and instruction through Native American languages, including--
`(i) curricula that can be used by public schools for--
`(I) instruction through a Native American language; or
`(II) teaching Native American languages as subjects;
`(ii) community Native American language use in communities served by
Native American language survival schools; and
`(iii) knowledge of a specific Native American language gained through
research for the purpose of directly aiding the development of curriculum
materials;
`(G) provide programs in pre-service and in-service teacher training,
staff training, personnel development, upgrading of teacher and staff
skills, and community resource development training, that shall include
a program component that has as the objective of the program component
increased speaking proficiency in Native American languages for teachers
and staff employed in Native American language survival schools and Native
American language nests, which may include--
`(i) visits or exchanges among Native American language survival schools
and Native American language nests of teachers, staff, students, or
families of students;
`(ii) participation in conferences or special nondegree programs focusing
on the use of 1 or more Native American languages for the education
of teachers, staff, students, or families of students;
`(iii) subject to paragraph (3), full or partial scholarships and fellowships
to colleges or universities--
`(I) to provide for the professional development of faculty and staff;
`(II) to meet requirements for the involvement of the family or the
community of Native American language survival school students in
Native American language survival schools; and
`(III) to develop resource personnel for Native American language
programs in public schools;
`(iv) training in the language and culture associated with a Native
American language survival school that is provided by a community or
academic expert, including credit courses;
`(v) structuring of personnel operations to support Native American
language and cultural fluency and program effectiveness;
`(vi) Native American language planning, documentation, reference material,
and archives development; and
`(vii) recruitment for participation in teacher, staff, student, and
community development; or
`(H) rent, lease, purchase, construct, maintain, or repair educational
facilities to ensure the academic achievement of Native American language
survival school students.
`(3) REQUIREMENTS FOR RECIPIENTS OF FELLOWSHIPS OR SCHOLARSHIPS- A recipient
of a fellowship or scholarship under paragraph (2)(G)(iii) who is enrolled
in a program leading to a degree or certificate shall--
`(A) be trained in the Native American language of the Native American
language survival school, if such program is available through that Native
American language;
`(B) complete a minimum annual number of hours in Native American language
study or training during the period of the fellowship or scholarship;
and
`(C) enter into a contract that obligates the recipient to provide the
recipient's professional services, during the period of the fellowship
or scholarship or on completion of a degree or certificate, in Native
American language instruction in the Native American language associated
with the Native American language survival school in which the service
obligation is to be fulfilled.
`SEC. 110. DEMONSTRATION PROGRAMS.
`(a) ESTABLISHMENT- The Secretary shall make grants, or enter into contracts,
to establish 3 demonstration programs that will provide assistance to Native
American language survival schools and Native American language nests.
`(b) LOCATIONS AND PURPOSES- The demonstration programs shall be established
at--
`(1) Ka Haka `Ula O Ke`elikolani College of the University of Hawaii at
Hilo, in consortium with the `Aha Punana Leo, Inc., and with other entities
if determined to be appropriate by the College--
`(A) for the conduct of a demonstration program in the development and
operation of the various components of a regional Native American language
survival school program and college level Native American language teaching
and use that is supportive of Native American language survival schools;
and
`(B) for the provision of assistance in the establishment, operation,
and administration of Native American language nests and Native American
language survival schools by such means as--
`(ii) hosting informational visits to demonstration sites; and
`(iii) providing a national clearinghouse for data and information relevant
to--
`(I) teaching Native American languages;
`(II) conducting outreach;
`(IV) providing conferences; and
`(V) carrying out other activities;
`(2) Piegan Institute of Browning, Montana, for demonstration of the operation
of a Native American language nest and Native American language survival
school; and
`(3) the Alaska Native Language Center of the University of Alaska at Fairbanks,
in consortium with other entities as the Center determines to be appropriate,
for the conduct of a demonstration program, training, outreach, conferences,
and visitation programs, and for provision of other assistance, in developing--
`(C) language documentation;
`(D) language preservation;
`(E) material archiving; and
`(F) community support development.
`(c) USE OF TECHNOLOGY- The demonstration programs established under this
section may employ synchronic and asynchronic telecommunications and other
appropriate means to maintain coordination and cooperation among the programs
and with participating Native American language survival schools and Native
American language nests.
`(d) SITE VISIT EVALUATIONS- The demonstration programs established under
this section shall provide direction to the Secretary in developing a site
visit evaluation of Native American language survival schools and Native American
language nests.
`(e) FOLLOWUP AND DATA COLLECTION- A demonstration program established under
this section may conduct followup data collection and analysis on students
while the students are in school--
`(1) to assess how Native American language survival school students are
performing in comparison with other students; and
`(2) to identify instructional methods that are working and instructional
methods that are not working.
`(f) ENDOWMENTS AND FACILITIES- A demonstration program established under
this section may--
`(1) establish endowments to further the activities of the demonstration
program relating to the study and preservation of Native American languages;
and
`(2) use funds to provide for the rental, lease, purchase, construction,
maintenance, and repair of facilities.
`SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this title such sums
as are necessary for each of fiscal years 2004 through 2009.'.
END
