107th CONGRESS
1st Session
S. 91
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
January 22, 2001
Mr. INOUYE (for himself and Mr. AKAKA) 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 2001'.
SEC. 2. PURPOSE.
The purposes of this Act are to--
(1) encourage and support the development of Native American Language Survival
Schools as innovative means of addressing the effects of past discrimination
against Native American language speakers and to support the revitalization
of such languages through education in Native American languages and through
instruction in other academic subjects using Native American languages as
an instructional medium, consistent with United States policy as expressed
in the Native American Languages Act (25 U.S.C. 2901 et seq.);
(2) demonstrate the positive effects of Native American Language Survival
Schools on the academic success of Native American students and their mastery
of standard English;
(3) encourage and support the involvement of families in the educational
and cultural survival efforts of Native American Language Survival Schools;
(4) encourage communication, cooperation, and educational exchange among
Native American Language Survival Schools and their administrators;
(5) provide support for Native American Language Survival School facilities
and endowments;
(6) provide support for Native American Language Nests either as part of
Native American Language Survival Schools or as separate programs that will
be developed into more comprehensive Native American Language Survival Schools;
(7) 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) develop a support center system for Native American Survival Schools
at the university level.
SEC. 3. DEFINITIONS.
Section 103 of Public Law 101-477 (25 U.S.C. 2902) is amended to read as follows:
`DEFINITIONS
`(1) INDIAN- The term `Indian' has the meaning given that term in section
9161 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881).
`(2) INDIAN TRIBAL GOVERNMENT- The term `Indian tribal government' has the
meaning given that term in section 502 of Public Law 95-134 (42 U.S.C. 4368b).
`(3) INDIAN TRIBE- The term `Indian tribe' has the meaning given that term
in section 4 of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
`(4) 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).
`(5) NATIVE AMERICAN- The term `Native American' means an Indian, Native
Hawaiian, or Native American Pacific Islander.
`(6) NATIVE AMERICAN LANGUAGE- The term `Native American language' means
the historical, traditional languages spoken by Native Americans.
`(7) NATIVE AMERICAN LANGUAGE COLLEGE- The term `Native American Language
College' means--
`(A) a tribally-controlled community college or university (as defined
in section 2 of the Tribally-Controlled Community College or University
Assistance Act of 1978 (25 U.S.C. 1801)) or a college applying for a Native
American Language Survival School in a Native American language which
that college regularly offers as part of its curriculum and which has
the support of an Indian tribal government traditionally affiliated with
that Native American language; or
`(B) Ka Haka `Ula O Ke'elikolani College.
`(8) NATIVE AMERICAN LANGUAGE EDUCATIONAL ORGANIZATION- The term `Native
American Language Educational Organization' means an organization that--
`(A) is governed by a board consisting primarily of Native Americans and
as many speakers of 1 or more Native American languages as possible;
`(B) is currently providing instruction through the use of a Native American
language to at least 10 preschool, elementary, or high school students
for at least 700 hours of instruction per year per student;
`(C) has provided such instruction for at least 10 preschool, elementary,
or high school students through a Native American language for at least
700 hours per year per student for not less than 3 years prior to applying
for a grant under this Act; and
`(D) may be a public school that meets the requirements of subparagraphs
(A), (B), and (C).
`(9) NATIVE AMERICAN LANGUAGE NEST- The term `Native American Language Nest'
means a site-based educational program enrolling families
with children below the age of 7 which is conducted through a Native American
language for at least 700 hours per year per student with the specific goal
of strengthening, revitalizing, or reestablishing a Native American language
and culture as a living language and culture of daily life.
`(10) NATIVE AMERICAN LANGUAGE SURVIVAL SCHOOL- The term `Native American
Language Survival School' means a Native American language dominant site-based
educational program which expands from a Native American Language Nest,
either as a separate entity or inclusive of a Native American Language Nest,
to enroll families with children eligible for elementary or secondary education
and which 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.
`(11) 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.
`(12) NATIVE HAWAIIAN- The term `Native Hawaiian' has the meaning given
that term in section 9212 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7912).
`(13) SECRETARY- The term `Secretary' means the Secretary of Education.
`(14) TRADITIONAL LEADERS- The term `traditional leaders' includes Native
Americans who have special expertise in Native American culture and Native
American languages.
`(15) TRIBAL ORGANIZATION- The term `tribal organization' has the meaning
given that 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.
Title I of Public Law 101-477 (25 U.S.C. 2901 et seq.) is amended by adding
at the end the following new sections:
`GENERAL AUTHORITY
`NATIVE AMERICAN LANGUAGE NESTS
`SEC. 108. (a) IN GENERAL- The Secretary is authorized to provide funds, through
grant or contract, to 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 a consortia of such organizations, colleges, or tribal governments
for the purpose of establishing Native American Language Nest programs for
students below the age of 7 and their families.
`(b) REQUIREMENTS- A Native American Language Nest program 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 below the age of 7 for at least 700 hours
per year per student;
`(2) provide compulsory classes for parents of students enrolled in a Native
American Language Nest in a Native American language, 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 its funding from another source, which
may include federally funded programs, such as a Head Start program funded
under the Head Start Act (42 U.S.C. 9801 et seq.); and
`(6) ensure that a Native American language becomes the dominant medium
of instruction in the Native American Language Nest within a period of 6
years of receiving funding under this Act.
`NATIVE AMERICAN LANGUAGE SURVIVAL SCHOOLS
`SEC. 109. (a) IN GENERAL- The Secretary is authorized to provide funds, through
grant or contract, to Native American Language Educational Organizations,
Native American Language Colleges, Indian tribal governments, or a consortia
of such organizations, colleges, or tribal governments to operate, expand,
and increase Native American Language Survival Schools throughout the United
States and its territories for Native American children and Native American
language-speaking children, including through the provision of direct educational
services and school support services.
`(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 consortia of such organizations,
colleges, or tribal governments--
`(A) have at least 3 years experience in operating and administering a
Native American Language Survival School, a Native American Language Nest,
or other educational programs in which instruction is conducted in a Native
American language; and
`(B) include students who are subject to State compulsory education laws;
and
`(2) may include students from infancy through grade 12, as well as their
families.
`(c) PRIORITY- In making grants or entering into contracts, the Secretary
shall give priority to--
`(1) the provision of direct educational services;
`(2) applicants with the support of the appropriate tribal government or
governments; 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 shall--
`(A) consist of not less than 700 hours of instruction per student conducted
annually through a Native American language or languages for at least
15 students for whom a
Native American Language Survival School is their principal place of instruction;
`(B) provide direct educational services and school support services to
students that may also 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; or
`(ix) other appropriate services;
`(C) provide direct or indirect educational and support services for the
families of enrolled students on site, through colleges, or through other
means to increase their knowledge and use of the Native American language
and culture, and may impose a requirement of family participation as a
condition of student enrollment; and
`(D) ensure that within 3 years of enrollment, all students achieve functional
fluency appropriate to the unique circumstances and endangerment status
of that 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 are not Native American language speakers but who seek
to establish fluency through instruction in a Native American language
or 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
Native American Language Survival Schools, as appropriate;
`(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 instruction through
a Native American language or 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 programs, programs to upgrade teacher
and staff skills, and community resource development training, that shall
include a program component which has as its objective increased Native
American language speaking proficiency 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 school or nest teachers, staff,
students, or families of students;
`(ii) participation in conference or special nondegree programs focusing
on the use of a Native American language or languages for the education
of students, teachers, staff, students, or families of students;
`(iii) full or partial scholarships and fellowships to colleges or universities
for the professional development of faculty and staff, and 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 to develop resource persons for Native American language
programs in public schools, provided that a recipient of a fellowship
or scholarship awarded under the authority of this clause who is enrolled
in a program leading to a degree or certificate shall--
`(I) be trained in the Native American language of the Native American
Language Survival School, if such program is available through that
Native American language;
`(II) complete a minimum annual number of hours in Native American
language study or training during the period of the fellowship or
scholarship; and
`(III) enter into a contract which obligates the recipient to provide
his or her professional services, either during the fellowship or
scholarship period or upon 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;
`(iv) training in the language and culture associated with a Native
American Language Survival School either under community or academic
experts in programs which may include 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; or
`(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.
`DEMONSTRATION PROGRAMS REGARDING LINGUISTICS ASSISTANCE
`SEC. 110. (a) DEMONSTRATION PROGRAMS- The Secretary shall provide funds,
through grant or contract, for the establishment of 3 demonstration programs
that will provide assistance to Native American Language Survival Schools
and Native American Language Nests. Such 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 deemed appropriate by such College, to--
`(A) conduct 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) provide assistance in the establishment, operation, and administration
of Native American Language Nests and Native American Language Survival
Schools by such means as training, hosting informational visits to demonstration
sites, and providing a national clearinghouse for data and information
relevant to teaching Native American languages, outreach, courses, conferences,
and other means;
`(2) Piegan Institute of Browning, Montana to demonstrate the operation
of a Native American Language Nest and Survival School; and
`(3) the Alaska Native Language Center of the University of Alaska at Fairbanks,
in consortium with other entities as deemed appropriate by such Center,
to conduct a demonstration program, training, outreach, conferences, visitation
programs, and other assistance in developing orthographies, resource materials,
language documentation, language preservation, material archiving, and community
support development.
`(b) USE OF TECHNOLOGY- The demonstration programs authorized to be established
under this section may employ synchronic and asynchronic telecommunications
and other appropriate means to maintain coordination and cooperation with
one another and with participating Native American Language Survival Schools
and Native American Language Nests.
`(c) DIRECTIONS TO THE SECRETARY- The demonstration programs authorized to
be 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.
`(d) FOLLOWUP AND DATA COLLECTION- The demonstration programs authorized to
be established under this section may conduct followup data collection and
analysis on students while they are in school to assess how Survival School
students are performing in comparison to other students, as well as identify
instructional methods that are working and those methods which may not be
working.
`(e) ENDOWMENTS AND FACILITIES- The demonstration programs authorized to be
established under this section may establish endowments for the purpose of
furthering their activities relative to the study and preservation of Native
American languages, and may use funds to provide for the rental, lease, purchase,
construction, maintenance, and repair of facilities.
`AUTHORIZATION OF APPROPRIATIONS
`SEC. 111. There are authorized to be appropriated such sums as may be necessary
to carry out the activities authorized by this Act for each of fiscal years
2002 through 2007.'.
END