[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 84 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 84
To expand opportunity for Native American children through additional
options in education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona introduced the following bill; which was referred
to the Committee on Education and Workforce
_______________________________________________________________________
A BILL
To expand opportunity for Native American children through additional
options in education, 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 Education
Opportunity Act''.
SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM.
(a) In General.--Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2000 et seq.) is amended--
(1) by redesignating section 1141 as section 1142; and
(2) by inserting after section 1140 the following:
``SEC. 1141. FUNDING OF TRIBAL-BASED EDUCATION SAVINGS ACCOUNT
PROGRAMS.
``(a) Program Authorized.--
``(1) Disbursements.--At the request of Tribes, the
Secretary of Education and the Secretary of the Interior shall,
for the 2025-2026 school year and each subsequent school year,
disburse amounts transferred under paragraphs (2) and (3) of
section 2101(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6611(a)) for the fiscal year to such Tribes
that administer education savings account programs to enable
the Tribes to award grants to education savings accounts for
ESA eligible students for such school year, in accordance with
subsection (b).
``(2) Applicability.--This section shall apply with respect
to ESA eligible students who have submitted their application
for participation under this section to the Tribe of which the
student is an enrolled member on or after January 1, 2025.
``(3) Account administration.--A Tribe may enter into an
agreement with a nonprofit entity for the administration of the
accounts created through the Tribe's education savings account
program.
``(4) Required use of funds.--Funds disbursed to a Tribe
under this section shall be used to deposit $8,000 each year in
the Tribal education savings accounts of ESA eligible students
who have not yet attained a regular high school diploma or its
recognized equivalent.
``(5) Permissible use of funds.--Funds disbursed to a Tribe
under this section may be used for--
``(A) private tutoring, including academic, Native
language, or cultural tutoring;
``(B) costs of attendance at a private elementary
school or secondary school recognized by the State,
which may include a private school that has a religious
mission;
``(C) private online learning programs;
``(D) services provided by a public elementary
school or secondary school attended by the child on a
less than full-time basis, including individual classes
and extracurricular activities and programs;
``(E) textbooks, curriculum programs, or other
instructional materials, including any supplemental
materials required by a curriculum program, private
school, private online learning program, or a public
school, or any parent directed curriculum associated
with K-12 education;
``(F) computer hardware or other technological
devices that are used to help meet a student's
educational needs, except that such hardware or devices
may not be purchased by a parent more than once in an
18-month period;
``(G) educational software and applications;
``(H) uniforms purchased for attendance at a
private school recognized by the State;
``(I) fees for nationally standardized assessment
exams, advanced placement exams, any exams related to
college or university admission, or tuition or fees for
preparatory courses for such exams;
``(J) fees for summer education programs and
specialized after-school education programs (but not
including after-school childcare);
``(K) educational services and therapies, including
occupational, behavioral, physical, speech-language,
and audiology therapies;
``(L) transportation to receive a service under
paragraph (4);
``(M) costs of attendance at an institution of
higher education;
``(N) costs associated with an apprenticeship or
other vocational training program;
``(O) fees for State-recognized industry
certification exams, and tuition or fees for
preparatory courses for such exams;
``(P) contributions to a college savings account,
which may include contributions to a qualified tuition
program (as defined in section 529(b)(1)(A) of the
Internal Revenue Code of 1986) or other prepaid tuition
plan offered by a State; or
``(Q) any other educational expenses approved by
the Secretary.
``(b) Disbursements.--
``(1) Annual disbursements.--A Tribe that receives a
disbursement amount under subsection (a) shall make semi-annual
distributions of such amount to education savings accounts for
ESA eligible students.
``(2) Limitation.--A Tribe shall allocate not more than 5
percent of the amount received per pupil under this section to
the administration of the education savings account programs of
the Tribe.
``(3) Roll over and remaining funds in an account.--Amounts
remaining in the Tribal education savings account of a student
at the end of a school year shall remain available until
expended for use in accordance with this section.
``(4) Terminition and return of funds.--The Tribal
education savings account of a student shall terminate on--
``(A) the date on which the student enrolls in a
public elementary school or secondary school on a full-
time basis;
``(B) in the case of a student who is pursuing
postsecondary education, the earlier of--
``(i) the date on which the student
completes postsecondary education; or
``(ii) the date on which the student
attains the age of 25 years;
``(C) in the case of a student who is an individual
with a disability, the date on which the student
attains the age of 26 years; or
``(D) in the case of an individual not described in
subparagraph (B) or (C), the earlier of--
``(i) the date on which the student attains
the age of 25 years; or
``(ii) the expiration of any 2-year period
during which funds in the account are not used
in accordance with this section.
``(c) Compulsory Attendance Requirements.--A State that receives
funds under this title shall consider a child with a Tribal education
savings account for a school year as meeting the State's compulsory
school attendance requirements for such school year.
``(d) Special Rule.--In the case of a child with a Tribal education
savings account who attends a public school on a less than full-time
basis in a school year--
``(1) the child may not attend the public school free of
charge; and
``(2) funds in the account, in an amount determined
pursuant to an agreement between the parent of the child and
the local educational agency concerned, shall be used to pay
for the child's costs of attendance at such school.
``(e) Tribal Consultation.--
``(1) In general.--Before providing educational services to
ESA eligible students, and on an annual basis thereafter, a
participating educational service provider shall engage in
consultation with appropriate Tribal officials before providing
educational services to ESA eligible students.
``(2) Documentation.--The participating educational service
provider shall maintain in the provider's records and provide
to the Bureau of Indian Education a written affirmation signed
by the appropriate officials of the participating Tribes or
Tribal organizations approved by the Tribes that the
consultation required by this section has occurred. If such
officials do not provide such affirmation within a reasonable
period of time, the affected educational service provider shall
forward documentation that such consultation has taken place to
the Bureau of Indian Education.
``(3) Rule of construction.--Nothing in this section shall
be construed to require the participating educational service
provider to determine who are the appropriate officials.
``(4) Limitation.--Consultation required under this section
shall not interfere with the timely approval and operation of
participating educational service providers.
``(f) Rule of Construction.--A grant awarded to an ESA eligible
student under this section shall be considered assistance to the
student and shall not be considered assistance to a school that enrolls
the ESA eligible student or any other educational service provider from
which the ESA eligible student receives services. The amounts provided
on behalf of an ESA eligible student under this section shall not be
treated as income of the parent or the student for purposes of Federal
tax laws or for determining eligibility for any other Federal program.
``(g) Termination.--The authority to carry out this section shall
expire on the date that is 5 years after the date of the enactment of
this Act.
``(h) Definitions.--In this section:
``(1) Appropriate officials.--The term `appropriate
officials' means--
``(A) Tribal officials who are elected; or
``(B) appointed Tribal leaders or officials
designated in writing.
``(2) Educational service provider.--The term `educational
service provider' means an educational service provider that
has entered into an agreement with a Tribe.
``(3) ESA eligible student.--The term `ESA eligible
student' means an individual who is--
``(A) an elementary school or secondary school
Tribal enrolled student who attended a school operated
by the Bureau of Indian Education in the semester
preceding the date on which the student first applies
for participation in an education savings account
program; or
``(B) a child who--
``(i) will be eligible to attend a school
operated by the Bureau of Indian Education for
kindergarten or any other elementary school
grade in the next semester that will start
after the date on which the student first
applies for participation in an education
savings account program; or
``(ii) will not be attending a school
operated by the Bureau of Indian Education,
receiving an education savings account from
another Tribe, or attending a public elementary
school or secondary school, while the student
is participating in an education savings
account program of a Tribe.
``(4) Education savings account program.--The term
`education savings account program' means a program
administered by a Tribe in which the Tribe awards a grant to an
account managed by the Tribe or a nonprofit entity on behalf of
a parent of an elementary school or secondary school student
from which the parent may purchase goods and services needed
for the education of the student.
``(5) Nonprofit entity defined.--In this paragraph, the
term `nonprofit entity' means an entity that is described in
the section 501(c)(3) of the Internal Revenue Code of 1986 and
is exempt from taxation under section 501(a) of such Code.
``(6) Parent.--The term `parent' has the meaning given the
term in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
``(7) Tribe.--The term `Tribe' means any recognized Indian
Tribe included on the current list published by the Secretary
under section 104 of the Federally Recognized Indian Tribe Act
of 1994 (25 U.S.C. 5131).''.
(b) Conforming Amendment.--Section 1126(c) of the Education
Amendments of 1978 (25 U.S.C. 2006(c)) is amended by striking ``section
1141(12)'' and inserting ``section 1142(12)''.
SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.
Section 2101(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6611(a)) is amended at the end by inserting the
following new paragraph:
``(3) one-half of one percent for Tribes that administer
education savings account programs under section 1141 of part B
of title XI of the Education Amendments of 1978 (25 U.S.C. 2000
et seq.).''.
SEC. 4. CHARTER SCHOOLS AUTHORIZED.
(a) In General.--The Bureau of Indian Education is authorized to
approve and fund a Bureau-Funded Charter School at any school operated
or funded by the Bureau of Indian Education.
(b) Use of Bureau Facilities.--Tribes are authorized to use
existing Bureau of Indian Education facilities for the operation,
management, and expansion of grades in Bureau-funded charter schools,
as defined in subsection (d)(1).
(c) Use of Funds.--Funds dispersed to Tribes under this section may
be used for subcontracts with a Tribal organization or developer to
manage or operate Bureau-funded charter schools.
(d) Definitions.--In this section:
(1) Bureau-funded charter school.--The term ``Bureau-Funded
Charter School'' means a school that--
(A) is approved by the Tribal government where the
school operates and is approved and funded by the
Bureau of Indian Education;
(B) is exempt from significant Federal, State, or
local rules that inhibit the flexible operation and
management of Bureau-funded schools, but not from any
rules relating to the other requirements of this
paragraph;
(C) is created by a developer as a Bureau-funded
school, or is adapted by a developer from an existing
Bureau-funded school;
(D) operates in pursuit of a specific set of
educational objectives determined by the school's
developer and agreed to by each Tribe served and the
Bureau of Indian Education;
(E) provides a program of elementary or secondary
education, or both;
(F) is not affiliated with a sectarian school or
religious institution;
(G) does not charge tuition;
(H) complies with the Age Discrimination Act of
1975 (42 U.S.C. 6101 et seq.), title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX
of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794), the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), section 1232g of this
title (commonly referred to as the ``Family Educational
Rights and Privacy Act of 1974''), and part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.);
(I) is a school to which parents choose to send
their children, and that--
(i) admits students on the basis of a
lottery, consistent with section 4303(c)(3)(A)
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7221b(c)(3)(A)), if more
students apply for admission than can be
accommodated; or
(ii) automatically enrolls students who are
enrolled in the immediate prior grade level of
Bureau-funded schools and, for any additional
student openings or student openings created
through regular attrition in student enrollment
in the affiliated charter school and the
enrolling school, admits students on the basis
of a lottery as described in clause (i);
(J) agrees to comply with the same Federal audit
requirements as do other Bureau-funded schools, unless
such Federal audit requirements are waived by the
Bureau of Indian Education;
(K) meets all applicable Federal health and safety
requirements;
(L) operates in accordance with Federal law;
(M) has a written performance contract with the
Bureau of Indian Education that includes a description
of how student performance will be measured in charter
schools pursuant to assessments that are required of
other schools and pursuant to any other assessments
mutually agreeable to the Bureau of Indian Education,
Tribe(s) served, and the charter school; and
(N) may serve students in early childhood education
programs.
(2) Developer.--The term ``developer'' means an individual