I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Native Educator Sup- 4 port and Training Act’’ or the ‘‘NEST Act’’. 5 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2519 IH TITLE I—STUDENT ASSISTANCE 1 PART A—SCHOLARSHIPS FOR THE STUDY OF 2 EDUCATION AND SCHOOL ADMINISTRATION 3 SEC. 101. SCHOLARSHIP PROGRAMS FOR EDUCATORS OF 4 INDIAN STUDENTS AND INDIAN EDUCATORS. 5 Part B of title II of the Higher Education Act (20 6 U.S.C. 1031 et seq.) is amended by adding at the end 7 the following: 8 ‘‘Subpart 6—Indian Educator Scholarship Program 9 ‘‘SEC. 259A. PURPOSE; DEFINITIONS. 10 ‘‘(a) PURPOSE.—The purposes of this subpart are— 11 ‘‘(1) to carry out the United States trust re- 12 sponsibility for the education of Indian children; and 13 ‘‘(2) to provide a more stable base of education 14 professionals with an understanding of the needs of 15 Indian students to serve in early childhood education 16 programs, public elementary schools and secondary 17 schools, schools funded by the Bureau of Indian 18 Education, the Department of Education, State edu- 19 cational agencies, tribal education agencies, and 20 local educational agencies. 21 ‘‘(b) DEFINITIONS.—In this subpart: 22 ‘‘(1) The term ‘Indian’ shall have the meaning 23 given that term in section 316. 24 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2519 IH ‘‘(2) The term ‘Bureau-funded school’ shall 1 have the meaning given that term in section 1141 of 2 the Education Amendments of 1978 (25 U.S.C. 3 2021). 4 ‘‘(3) The term ‘Native-serving institution of 5 higher education’ shall mean any institution of high- 6 er education eligible under section 316, 317, or 319. 7 ‘‘(4) The term ‘tribal educational agency’ shall 8 have the meaning given the term in section 6132 of 9 the Elementary and Secondary Education Act of 10 1965 (20 U.S.C. 7452). 11 ‘‘(5) The term ‘Bureau of Indian Education 12 early childhood development program’ means a pro- 13 gram operating under a grant authorized by section 14 1139 of the Education Amendments of 1978 (25 15 U.S.C. 2019). 16 ‘‘(6) The term ‘tribal early childhood education 17 program’ shall mean any of the following programs: 18 ‘‘(A) An American Indian or Alaska Native 19 Head Start or Early Head Start program car- 20 ried out under the Head Start Act (42 U.S.C. 21 9831 et seq.). 22 ‘‘(B) A tribal child care and development 23 program carried out under the Child Care and 24 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2519 IH Development Block Grant Act of 1990 (42 1 U.S.C. 9858 et seq.). 2 ‘‘(C) A program serving children from 3 birth through age 6 that— 4 ‘‘(i) receives funding support from the 5 Native American language preservation 6 and maintenance program carried out 7 under section 803C of the Native Amer- 8 ican Programs Act of 1974 (42 U.S.C. 9 2991b–3); 10 ‘‘(ii) is a tribal prekindergarten pro- 11 gram; 12 ‘‘(iii) is a program authorized under 13 section 619 or part C of the Individuals 14 with Disabilities Education Act (20 U.S.C. 15 1419; 20 U.S.C. 1431 et seq.); or 16 ‘‘(iv) is a center-based or group-based 17 early childhood learning or development 18 program that the Secretary determines 19 shall be included under this definition, 20 after receiving a request from an Indian 21 tribe. 22 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2519 IH ‘‘SEC. 259B. TERMS AND CONDITIONS OF SCHOLARSHIP 1 CONTRACTS. 2 ‘‘(a) IN GENERAL.—Unless otherwise specified, a 3 scholarship grant under this subpart shall have the terms 4 and conditions described in this section. 5 ‘‘(b) CONTENTS OF CONTRACT.— 6 ‘‘(1) IN GENERAL.—The written contract be- 7 tween the Secretary and the individual receiving a 8 scholarship grant under this subpart shall contain 9 the following: 10 ‘‘(A) A statement that the Secretary 11 agrees to provide the individual with a scholar- 12 ship in accordance with section 259C, 259D, or 13 259E, as the case may be. 14 ‘‘(B) A statement that the individual 15 agrees— 16 ‘‘(i) to accept the relevant scholarship 17 under this subpart; 18 ‘‘(ii) to maintain enrollment in the 19 course of study for which the scholarship 20 was awarded until the individual completes 21 the course of study; 22 ‘‘(iii) while enrolled in such course of 23 study, to maintain an acceptable level of 24 academic standing (as determined by the 25 Secretary, taking into account the require- 26 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2519 IH ments of the institution of higher edu- 1 cation offering such course of study); and 2 ‘‘(iv) to serve, through full-time em- 3 ployment at an eligible school or eligible 4 service employer (as described under sec- 5 tion 259C, 259D, or 259E, as the case 6 may be), for a time period (referred to in 7 this section as the ‘period of obligated 8 service’) equal to the greater of— 9 ‘‘(I) 1 year for the equivalent of 10 each school year for which the indi- 11 vidual was provided a scholarship 12 under this subpart; or 13 ‘‘(II) 3 years. 14 ‘‘(C) A statement of the damages to which 15 the United States is entitled, under subsection 16 (d), for the individual’s breach of the contract. 17 ‘‘(D) Any other relevant statements of the 18 rights and liabilities of the Secretary and of the 19 individual, in accordance with the provisions of 20 this subpart. 21 ‘‘(2) PERIOD OF OBLIGATED SERVICE.— 22 ‘‘(A) IN GENERAL.—The recipient of a 23 scholarship grant under this subpart shall be 24 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2519 IH required to carry out a period of obligated serv- 1 ice, as described in paragraph (1)(B)(iv). 2 ‘‘(B) DEFERMENT.— 3 ‘‘(i) IN GENERAL.—At the request of 4 an individual who has entered into a con- 5 tract described in this subsection, the Sec- 6 retary shall grant a deferment for the pe- 7 riod of obligated service of such individual 8 under such contract for any of the fol- 9 lowing reasons: 10 ‘‘(I) ADVANCED STUDY.—For ad- 11 vanced study to enable such individual 12 to complete a course of study— 13 ‘‘(aa) leading to an ad- 14 vanced degree in early childhood 15 education, elementary or sec- 16 ondary education or school ad- 17 ministration; or 18 ‘‘(bb) needed to become cer- 19 tified by a State or Indian tribe 20 to teach, for an appropriate pe- 21 riod (in years, as determined by 22 the Secretary). 23 ‘‘(II) FAMILY AND MEDICAL 24 LEAVE.—For family or medical leave 25 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2519 IH for a period in alignment with section 1 102 of the Family and Medical Leave 2 Act of 1993 (29 U.S.C. 2612) and as 3 approved by the Secretary. 4 ‘‘(III) MILITARY SERVICE.—If 5 the individual is a member of the Na- 6 tional Guard or other reserve compo- 7 nent of the Armed Forces of the 8 United States, or a member of such 9 Armed Forces in a retired status, and 10 such individual is called or ordered to 11 active duty (as defined in section 12 101(d)(1) of title 10, United States 13 Code), such individual shall be eligible 14 for a deferment during the period of 15 active duty and for an appropriate pe- 16 riod (as determined by the Secretary) 17 after returning from active duty. 18 ‘‘(ii) CONDITIONS OF DEFERMENT.— 19 A deferment granted under this subpara- 20 graph shall be subject to the following con- 21 ditions: 22 ‘‘(I) The deferment period shall 23 not be counted as satisfying any pe- 24 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2519 IH riod of obligated service that is re- 1 quired under this section. 2 ‘‘(II) The period of obligated 3 service of the individual shall com- 4 mence at the later of— 5 ‘‘(aa) 90 days after the com- 6 pletion of the deferment period; 7 ‘‘(bb) the commencement of 8 the first school year at the school 9 where the individual has been 10 hired that begins after the com- 11 pletion of the deferment; or 12 ‘‘(cc) a date specified by the 13 Secretary. 14 ‘‘(C) PART-TIME STUDY.—In the case of 15 an individual receiving a scholarship under this 16 subpart who is enrolled part-time in an ap- 17 proved course of study— 18 ‘‘(i) a scholarship under this subpart 19 shall be for a period of years not to exceed 20 the part-time equivalent of 4 years, as de- 21 termined by the Secretary; 22 ‘‘(ii) the period of obligated service 23 shall be equal to the greater of— 24 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2519 IH ‘‘(I) 1 year for the equivalent of 1 each full-time academic year for which 2 the individual was provided a scholar- 3 ship (as determined by the Secretary 4 by adding the fractions of a full-time 5 academic year that each period of 6 part-time attendance comprises); or 7 ‘‘(II) 2 years; and 8 ‘‘(iii) the amount of the monthly sti- 9 pend specified in subsection (c) shall be re- 10 duced pro rata, as determined by the Sec- 11 retary, based on the number of hours of 12 study in which such individual is enrolled. 13 ‘‘(c) SCHOLARSHIP.— 14 ‘‘(1) IN GENERAL.—A scholarship provided to a 15 student under this subpart for a school year shall 16 equal the amount of— 17 ‘‘(A) the tuition of the student; 18 ‘‘(B) all other reasonable educational ex- 19 penses incurred by the student in such school 20 year, including fees, books, laboratory expenses, 21 and other expenses as determined by the Sec- 22 retary; and 23 ‘‘(C) a stipend of $800 per month (ad- 24 justed in accordance with paragraph (3)) for 25 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2519 IH each of the 12 consecutive months beginning 1 with the first month of such school year. 2 ‘‘(2) PAYMENT TO AN INSTITUTION OF HIGHER 3 EDUCATION.—The Secretary may contract with an 4 institution of higher education in which a participant 5 in the scholarship program under this subpart is en- 6 rolled for the payment to such institution on behalf 7 of the student of the amounts of tuition and other 8 reasonable educational expenses described in sub- 9 paragraphs (A) and (B) of paragraph (1). Payment 10 to such institution may be made without regard to 11 subsections (a) and (b) of section 3324 of title 31, 12 United States Code. 13 ‘‘(3) STIPEND.—The amount of the monthly 14 stipend described in paragraph (1)(C) shall be in- 15 creased by the Secretary for each school year ending 16 in a fiscal year beginning after September 30, 2024, 17 by the amount (rounded to the next highest multiple 18 of $1) equal to the amount of such stipend multi- 19 plied by the percentage adjustment in the rates of 20 pay under the General Schedule taking effect under 21 section 5303 of title 5, United States Code, during 22 the fiscal year in which such school year ends (if 23 such adjustment is an increase). 24 VerDate Sep 11 2014 00:24 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2519 IH ‘‘(d) LIABILITY; FAILURE TO COMPLETE THE PE- 1 RIOD OF OBLIGATED SERVICE; REPAYMENT.— 2 ‘‘(1) LIABILITY.—An individual who has en- 3 tered into a written contract with the Secretary 4 under this section shall be liable to the United 5 States for the amount which has been paid to, or on 6 behalf of, such individual under the contract, if such 7 individual— 8 ‘‘(A) fails to maintain an acceptable level 9 of academic standing in the institution of high- 10 er education in which the individual is enrolled 11 (as determined by the Secretary taking into ac- 12 count the requirements of the institution of 13 higher education offering such course of study); 14 ‘‘(B) is dismissed from such institution of 15 higher education for disciplinary reasons; 16 ‘‘(C) voluntarily terminates the training in 17 such institution of higher education for which 18 such individual is provided a scholarship under 19 such contract before the completion of such 20 training; or 21 ‘‘(D) fails to accept payment, or instructs 22 the institution of higher education in which 23 such individual is enrolled not to accept pay- 24 ment, under this section. 25 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2519.IH H2519 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 2519 IH ‘‘(2) FAILURE TO COMPLETE THE PERIOD OF 1 OBLIGATED SERVICE.—An individual who has en- 2 tered into a written contract with the Secretary 3 under this section may petition the Secretary to 4 delay the date on which the individual would other- 5 wise be required to begin the period of obligated 6 service if such individual has not succeeded in ob- 7 taining employment required by this section. In sup- 8 port of such petition, the individual shall supply 9 such reasonable information as the Secretary may 10 require. The Secretary shall retain full discretion re- 11 garding the decision about whether to grant or de- 12 cline such a delay and to determine the duration of 13 any delay that is granted. 14 ‘‘(3) REPAYMENT.— 15 ‘‘(A) IN GENERAL.—An individual who has 16 entered into a written contract with the Sec- 17 retary under this section and who is liable for 18 any amount of damages which the United 19 States is entitled to recover under this sub- 20 section shall— 21 ‘‘(i) begin payment of such damages 22 to the United States within 1 year of the 23 date of the breach or on such later date as 24 specified by the Secretary; and 25 VerDate Sep 11 2014 23:14 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6 [Text truncated for display. Full text available on Congress.gov.]