109th CONGRESS
2d Session
S. 2674
To amend the Native American Languages Act to provide for the support
of Native American language survival schools, and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 27, 2006
Mr. AKAKA (for himself, Mr. INOUYE, Mr. BAUCUS, and Mr. JOHNSON) introduced
the following bill; which was read twice and referred to the Committee on
Indian Affairs
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 Act
of 2006'.
SEC. 2. FINDINGS.
Section 102 of the Native American Languages Act (25 U.S.C. 2901) is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (1), (2), (3), (5), (6), (7), (8), (9),
and (10) as paragraphs (7), (8), (9), (10), (11), (12), (14), (15), and
(16), respectively;
(3) by inserting before paragraph (7) (as redesignated by paragraph (2))
the following:
`(1) historians and linguists estimate that there were over 300 distinct
Native languages at the time of first European contact with North America;
`(2) as of the date of enactment of the Native American Languages Act
Amendments Act of 2006, there are only about 155 Native languages remaining,
and 87 percent of those languages have been classified as deteriorating
or nearing extinction;
`(3) according to the 2000 decennial census, only 32.3 percent of the
4,100,000 Native Americans report speaking a language other than English
at home;
`(4) although the actual number and age of the average fluent speaker
of a Native language is unknown, there have been efforts to suppress and
eliminate Native languages throughout American history, resulting in fewer
speakers who are fluent in a Native language;
`(5) there is a widespread practice of treating Native languages as if
they are anachronisms, which in the past often resulted in acts of suppression
and extermination of Native languages and cultures;
`(6) Native Americans in the United States have special status that recognizes
distinct cultural and political rights, including the right to maintain
separate identities;';
(4) by inserting after paragraph (12) (as redesignated by paragraph (2))
the following:
`(13) during World War II, the United States employed Native American
code talkers who developed secret means of communication based on Native
languages and who were critical to winning that war and others;';
(5) in paragraph (15) (as redesignated by paragraph (2)), by striking
`and' after the semicolon;
(6) in paragraph (16) (as redesignated by paragraph (2)), by striking
the period at the end and inserting a semicolon; and
(7) by adding at the end the following:
`(17) previous Federal laws have resulted in inadequate funding for the
enormous task of preserving and supporting Native languages.'.
SEC. 3. PURPOSES.
The purposes of this Act are--
(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; and
(8) to develop a system of support for Native American language nests
and Native American language survival schools through Native American
language colleges.
SEC. 4. DEFINITIONS.
Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended--
(1) by striking `For the purposes of this title--' and inserting `In this
title:';
(2) by striking paragraph (7);
(3) by redesignating paragraphs (1), (3), (4), (6), and (8) as paragraphs
(6), (13), (12), (7), and (3), respectively, and moving the paragraphs
so as to appear in numerical order;
(4) by inserting before paragraph (2) the following:
`(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).';
(5) by inserting after paragraph (3) (as redesignated by paragraph (3))
the following:
`(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).';
(6) in paragraph (5), by striking `(5) The terms' and inserting the following:
`(5) INDIAN TRIBE; TRIBAL ORGANIZATION- The terms';
(7) by inserting after paragraph (7) (as redesignated by paragraph (3))
the following:
`(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)); and
`(B) a single, State-governed college or university per State (which
may operate as part of a larger college or university) at which 1 or
more Native American languages are dominant with respect to--
`(ii) use in internal communication and administration.
`(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.';
(8) by inserting after paragraph (13) (as redesignated by paragraph (3))
the following:
`(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.';
and
(9) in each paragraph that does not have a heading, by inserting a heading,
in the same style as the heading in the amendment made by paragraph (4),
the text of which is comprised of the term defined in the paragraph.
SEC. 5. 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.
`(c) Diversity and Priority- In making grants and entering into contracts
under this section, the Secretary shall--
`(1) encourage geographic, linguistic, and tribal diversity, to the maximum
extent practicable; and
`(A) a Native American language nest that--
`(i) previously received Federal funds; and
`(ii) as determined by the Secretary, demonstrates full use of any
appropriate Native American language in each aspect of the Native
American language nest;
`(B) a Native American language survival school that--
`(i) previously received Federal funds; and
`(ii) as determined by the Secretary, demonstrates not less than 80
percent use of any appropriate Native American language in each aspect
of the Native American language survival school;
`(C) the provision of direct educational services;
`(D) applicants that have the support of each appropriate tribal government;
and
`(E) applicants that have researched language revitalization and the
unique characteristics and circumstances of the languages of their schools.
`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) Diversity and Priority- In making grants or entering into contracts
under this section, the Secretary shall--
`(1) encourage geographic, linguistic, and tribal diversity, to the maximum
extent practicable; and
`(A) a Native American language nest that--
`(i) previously received Federal funds; and
`(ii) as determined by the Secretary, demonstrates full use of any
appropriate Native American language in each aspect of the Native
American language nest;
`(B) a Native American language survival school that--
`(i) previously received Federal funds; and
`(ii) as determined by the Secretary, demonstrates not less than 80
percent use of any appropriate Native American language in each aspect
of the Native American language survival school;
`(C) the provision of direct educational services;
`(D) applicants that have the support of each appropriate tribal government;
and
`(E) 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 institutions of higher education--
`(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) Definition of Eligible Entity- In this section, the term `eligible
entity' means an entity, or a consortium of entities (including a Native
American language educational organization in cooperation with a Native
American language college or another entity), that, as determined by the
Secretary--
`(1) has provided support to a Native American language survival school
or a Native American language nest during the 5-year period preceding
the date on which the entity receives a grant from, or enters into a contract
with, the Secretary;
`(2) has demonstrated participation in a national cooperative effort relating
to research of Native American language survival schools or Native American
language nests; and
`(3) has the support of at least 1 Native American language survival school
or Native American language nest.
`(b) Establishment- The Secretary shall make grants to, or enter into contracts
with, eligible entities to establish at least 4 demonstration programs in
geographically diverse locations to--
`(1) provide assistance to Native American language survival schools and
Native American language nests; and
`(2) participate in a national study of the linguistic, cultural, and
academic effects of Native American language survival schools and Native
American language nests.
`(c) Purposes- The demonstration programs shall be established by 1 or more
eligible entities for--
`(1) the development and operation of the various components of a regional
Native American language survival school program and a college-level Native
American language teaching and use program that is supportive of Native
American language survival schools for children from infancy through grade
12;
`(2) the provision of assistance in the establishment, operation, and
administration of Native American language survival schools and Native
American language nests by such means as--
`(B) hosting informational visits to demonstration sites; and
`(C) providing a national clearinghouse for data and information relevant
to--
`(i) teaching Native American languages;
`(ii) conducting outreach;
`(iii) conducting research relating to Native American language nests
and Native American language survival schools;
`(v) providing conferences; and
`(vi) carrying out other activities;
`(3) the public or private operation of a Native American language survival
school serving children at least through grade 5;
`(4) cooperation between Native American language survival schools and
Native American language nests and other indigenous entities across international,
Indian reservation, and State boundaries with respect to the revitalization
of Native American languages; and
`(5) the use of professional linguists in 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.
`(d) 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.
`(e) 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.
`(f) 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.
`(g) Availability of Information-
`(1) IN GENERAL- Each eligible entity shall make available to the Secretary
any information (including any curriculum, translation, research, or assessment,
and any data collected under subsection (f)) produced or collected by
the eligible entity in carrying out a demonstration program under this
section.
`(2) DISTRIBUTION- The Secretary may distribute any information received
under paragraph (1) to any other entity at no cost to the entity, as the
Secretary determines to be appropriate.
`(3) PUBLICATION- Not less frequently than once each year, the Secretary
shall publish in the Federal Register a list describing any information
received under paragraph (1) during the preceding year.
`(h) 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.
`(i) Evaluation- Not less frequently than once each year, the Secretary
shall evaluate each demonstration program that receives assistance under
this section using such criteria as the Secretary determines to be appropriate.
`SEC. 111. ACHIEVEMENT OF STANDARDS.
`(a) In General- In recognition of the unique circumstances of Native American
language nests and Native American survival schools, the Secretary shall,
by regulation, provide to Native American language nests and Native American
survival schools alternative methods of achieving national education standards
with respect to Native American language education.
`(b) Certification and Designation of Paraprofessionals-
`(1) DEFINITION OF PARAPROFESSIONAL- In this subsection, the term `paraprofessional'
means a person who, at a Native American language nest or a Native American
survival school--
`(A) provides educational services relating solely to Native American
language or Native American culture; or
`(B) provides bilingual educational assistance to a teacher.
`(2) CERTIFICATION AND DESIGNATION-
`(A) IN GENERAL- Notwithstanding any other provision of law (including
regulations), a paraprofessional shall be considered to meet any applicable
requirement relating to qualifications or training for teachers or staff,
with respect to the services and assistance described in paragraph (1)
only, if the paraprofessional--
`(i) receives a certification from an Indian tribe associated with
the Native American language used by the paraprofessional; or
`(ii) is designated as a Native American language expert or a Native
American cultural expert by a Native American language educational
organization associated with the Native American language or culture
taught by the paraprofessional.
`(B) FACTORS FOR CONSIDERATION- In certifying or designating a paraprofessional
under subparagraph (A), an Indian tribe or Native American language
educational organization shall take into consideration whether the paraprofessional
has demonstrated high achievement with respect to--
`(i) the Native American language used by the paraprofessional;
`(ii) the Native American culture to be taught by the paraprofessional;
or
`(iii) pedagogy appropriate to the Native American language or culture
to be taught by the paraprofessional.
`(C) APPROVAL BY SECRETARY- Not later than 180 days after the date on
which an Indian tribe or Native American language educational organization
certifies or designates a paraprofessional under subparagraph (A), the
Indian tribe or Native American language educational organization shall
submit the certification or designation to the Secretary for approval.
`(D) REVIEW- Not less frequently than once every 5 years, an Indian
tribe or Native American educational organization shall review, and
revoke, as the Indian tribe or Native American educational organization
determines to be appropriate, a certification or designation under this
paragraph.
`(c) Recognition- Notwithstanding any other provision of law, no Federal
agency, State or local educational agency, early childhood education program,
institution of higher education, or other entity that provides or receives
assistance under Federal law shall fail to recognize as meeting applicable
Federal requirements--
`(1) a satisfactory score of a student of a Native American language nest
or Native American survival school on a performance assessment in accordance
with regulations promulgated pursuant to subsection (a); or
`(2) the training or qualifications of a paraprofessional certified or
designated under subsection (b).
`SEC. 112. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this title such sums
as are necessary for each of fiscal years 2007 through 2012.'.
END
