Native American Education Opportunity Act

I 118TH CONGRESS 1ST SESSION H. R. 66 To expand opportunity for Native American children through additional options in education, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. BIGGS introduced the following bill; which was referred to the Committee on Education and the 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 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 American Edu- 4 cation Opportunity Act’’. 5 SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PRO- 6 GRAM. 7 (a) IN GENERAL.—Part B of title XI of the Edu- 8 cation Amendments of 1978 (25 U.S.C. 2000 et seq.) is 9 amended— 10 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 66 IH (1) by redesignating section 1141 as section 1 1142; and 2 (2) by inserting after section 1140 the fol- 3 lowing: 4 ‘‘SEC. 1141. FUNDING OF TRIBAL-BASED EDUCATION SAV- 5 INGS ACCOUNT PROGRAMS. 6 ‘‘(a) PROGRAM AUTHORIZED.— 7 ‘‘(1) DISBURSEMENTS.—At the request of 8 Tribes, the Secretary of Education and the Sec- 9 retary of the Interior shall, for the 2023–2024 10 school year and each subsequent school year, dis- 11 burse amounts transferred under section 2101(a)(2) 12 of the Elementary and Secondary Education Act of 13 1965 (20 U.S.C. 6611(a)(2)) for the fiscal year to 14 such Tribes that administer education savings ac- 15 count programs to enable the Tribes to award grants 16 to education savings accounts for ESA eligible stu- 17 dents for such school year, in accordance with sub- 18 section (b). 19 ‘‘(2) APPLICABILITY.—This section shall apply 20 with respect to ESA eligible students who have sub- 21 mitted their application for participation under this 22 section to the Tribe of which the student is an en- 23 rolled member on or after January 1, 2023. 24 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 66 IH ‘‘(3) ACCOUNT ADMINISTRATION.—A Tribe may 1 enter into an agreement with a nonprofit entity for 2 the administration of the accounts created through 3 the Tribe’s education savings account program. 4 ‘‘(4) REQUIRED USE OF FUNDS.—Funds dis- 5 bursed to a Tribe under this section shall be used 6 to deposit $8,000 each year in the Tribal education 7 savings accounts of ESA eligible students who have 8 not yet attained a regular high school diploma or its 9 recognized equivalent. 10 ‘‘(5) PERMISSIBLE USE OF FUNDS.—Funds dis- 11 bursed to a Tribe under this section may be used 12 for— 13 ‘‘(A) private tutoring, including academic, 14 Native language, or cultural tutoring; 15 ‘‘(B) costs of attendance at a private ele- 16 mentary school or secondary school recognized 17 by the State, which may include a private 18 school that has a religious mission; 19 ‘‘(C) private online learning programs; 20 ‘‘(D) services provided by a public elemen- 21 tary school or secondary school attended by the 22 child on a less than full-time basis, including in- 23 dividual classes and extracurricular activities 24 and programs; 25 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 66 IH ‘‘(E) textbooks, curriculum programs, or 1 other instructional materials, including any sup- 2 plemental materials required by a curriculum 3 program, private school, private online learning 4 program, or a public school, or any parent di- 5 rected curriculum associated with K–12 edu- 6 cation; 7 ‘‘(F) computer hardware or other techno- 8 logical devices that are used to help meet a stu- 9 dent’s educational needs, except that such hard- 10 ware or devices may not be purchased by a par- 11 ent more than once in an 18-month period; 12 ‘‘(G) educational software and applica- 13 tions; 14 ‘‘(H) uniforms purchased for attendance at 15 a private school recognized by the State; 16 ‘‘(I) fees for nationally standardized as- 17 sessment exams, advanced placement exams, 18 any exams related to college or university ad- 19 mission, or tuition or fees for preparatory 20 courses for such exams; 21 ‘‘(J) fees for summer education programs 22 and specialized after-school education programs 23 (but not including after-school childcare); 24 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 66 IH ‘‘(K) educational services and therapies, 1 including occupational, behavioral, physical, 2 speech-language, and audiology therapies; 3 ‘‘(L) transportation to receive a service 4 under paragraph (4); 5 ‘‘(M) costs of attendance at an institution 6 of higher education; 7 ‘‘(N) costs associated with an apprentice- 8 ship or other vocational training program; 9 ‘‘(O) fees for State-recognized industry 10 certification exams, and tuition or fees for pre- 11 paratory courses for such exams; 12 ‘‘(P) contributions to a college savings ac- 13 count, which may include contributions to a 14 qualified tuition program (as defined in section 15 529(b)(1)(A) of the Internal Revenue Code of 16 1986) or other prepaid tuition plan offered by 17 a State; or 18 ‘‘(Q) any other educational expenses ap- 19 proved by the Secretary. 20 ‘‘(b) DISBURSEMENTS.— 21 ‘‘(1) ANNUAL DISBURSEMENTS.—A Tribe that 22 receives a disbursement amount under subsection (a) 23 shall make semi-annual distributions of such amount 24 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 66 IH to education savings accounts for ESA eligible stu- 1 dents. 2 ‘‘(2) LIMITATION.—A Tribe shall allocate not 3 more than 5 percent of the amount received per 4 pupil under this section to the administration of the 5 education savings account programs of the Tribe. 6 ‘‘(3) ROLL OVER AND REMAINING FUNDS IN AN 7 ACCOUNT.—Amounts remaining in the Tribal edu- 8 cation savings account of a student at the end of a 9 school year shall remain available until expended for 10 use in accordance with this section. 11 ‘‘(4) TERMINITION AND RETURN OF FUNDS.— 12 The Tribal education savings account of a student 13 shall terminate on— 14 ‘‘(A) the date on which the student enrolls 15 in a public elementary school or secondary 16 school on a full-time basis; 17 ‘‘(B) in the case of a student who is pur- 18 suing postsecondary education, the earlier of— 19 ‘‘(i) the date on which the student 20 completes postsecondary education; or 21 ‘‘(ii) the date on which the student at- 22 tains the age of 25 years; 23 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 66 IH ‘‘(C) in the case of a student who is an in- 1 dividual with a disability, the date on which the 2 student attains the age of 26 years; or 3 ‘‘(D) in the case of an individual not de- 4 scribed in subparagraph (B) or (C), the earlier 5 of— 6 ‘‘(i) the date on which the student at- 7 tains the age of 25 years; or 8 ‘‘(ii) the expiration of any 2-year pe- 9 riod during which funds in the account are 10 not used in accordance with this section. 11 ‘‘(c) COMPULSORY ATTENDANCE REQUIREMENTS.— 12 A State that receives funds under this title shall consider 13 a child with a Tribal education savings account for a 14 school year as meeting the State’s compulsory school at- 15 tendance requirements for such school year. 16 ‘‘(d) SPECIAL RULE.—In the case of a child with a 17 Tribal education savings account who attends a public 18 school on a less than full-time basis in a school year— 19 ‘‘(1) the child may not attend the public school 20 free of charge; and 21 ‘‘(2) funds in the account, in an amount deter- 22 mined pursuant to an agreement between the parent 23 of the child and the local educational agency con- 24 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 66 IH cerned, shall be used to pay for the child’s costs of 1 attendance at such school. 2 ‘‘(e) TRIBAL CONSULTATION.— 3 ‘‘(1) IN GENERAL.—Before providing edu- 4 cational services to ESA eligible students, and on an 5 annual basis thereafter, a participating educational 6 service provider shall engage in consultation with ap- 7 propriate tribal officials before providing educational 8 services to ESA eligible students. 9 ‘‘(2) DOCUMENTATION.—The participating edu- 10 cational service provider shall maintain in the pro- 11 vider’s records and provide to the Bureau of Indian 12 Education a written affirmation signed by the ap- 13 propriate officials of the participating tribes or tribal 14 organizations approved by the tribes that the con- 15 sultation required by this section has occurred. If 16 such officials do not provide such affirmation within 17 a reasonable period of time, the affected educational 18 service provider shall forward documentation that 19 such consultation has taken place to the Bureau of 20 Indian Education. 21 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 22 this section shall be construed to require the partici- 23 pating educational service provider to determine who 24 are the appropriate officials. 25 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 66 IH ‘‘(4) LIMITATION.—Consultation required under 1 this section shall not interfere with the timely ap- 2 proval and operation of participating educational 3 service providers. 4 ‘‘(f) RULE OF CONSTRUCTION.—A grant awarded to 5 an ESA eligible student under this section shall be consid- 6 ered assistance to the student and shall not be considered 7 assistance to a school that enrolls the ESA eligible student 8 or any other educational service provider from which the 9 ESA eligible student receives services. The amounts pro- 10 vided on behalf of an ESA eligible student under this sec- 11 tion shall not be treated as income of the parent or the 12 student for purposes of Federal tax laws or for deter- 13 mining eligibility for any other Federal program. 14 ‘‘(g) TERMINATION.—The authority to carry out this 15 section shall expire on the date that is 5 years after the 16 date of the enactment of this Act. 17 ‘‘(h) DEFINITIONS.—In this section: 18 ‘‘(1) APPROPRIATE OFFICIALS.—The term ‘ap- 19 propriate officials’ means— 20 ‘‘(A) tribal officials who are elected; or 21 ‘‘(B) appointed tribal leaders or officials 22 designated in writing. 23 ‘‘(2) EDUCATIONAL SERVICE PROVIDER.—The 24 term ‘educational service provider’ means an edu- 25 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 66 IH cational service provider that has entered into an 1 agreement with a Tribe. 2 ‘‘(3) ESA ELIGIBLE STUDENT.—The term 3 ‘ESA eligible student’ means an individual who is— 4 ‘‘(A) an elementary school or secondary 5 school Tribal enrolled student who attended a 6 school operated by the Bureau of Indian Edu- 7 cation in the semester preceding the date on 8 which the student first applies for participation 9 in an education savings account program; or 10 ‘‘(B) a child who— 11 ‘‘(i) will be eligible to attend a school 12 operated by the Bureau of Indian Edu- 13 cation for kindergarten or any other ele- 14 mentary school grade in the next semester 15 that will start after the date on which the 16 student first applies for participation in an 17 education savings account program; or 18 ‘‘(ii) will not be attending a school op- 19 erated by the Bureau of Indian Education, 20 receiving an education savings account 21 from another Tribe, or attending a public 22 elementary school or secondary school, 23 while the student is participating in an 24 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 66 IH education savings account program of a 1 Tribe. 2 ‘‘(4) EDUCATION SAVINGS ACCOUNT PRO- 3 GRAM.—The term ‘education savings account pro- 4 gram’ means a program administered by a Tribe in 5 which the Tribe awards a grant to an account man- 6 aged by the Tribe or a nonprofit entity on behalf of 7 a parent of an elementary school or secondary school 8 student from which the parent may purchase goods 9 and services needed for the education of the student. 10 ‘‘(5) NONPROFIT ENTITY DEFINED.—In this 11 paragraph, the term ‘nonprofit entity’ means an en- 12 tity that is described in the section 501(c)(3) of the 13 Internal Revenue Code of 1986 and is exempt from 14 taxation under section 501(a) of such Code. 15 ‘‘(6) PARENT.—The term ‘parent’ has the 16 meaning given the term in section 8101 of the Ele- 17 mentary and Secondary Education Act of 1965 (20 18 U.S.C. 7801). 19 ‘‘(7) TRIBE.—The term ‘Tribe’ means any rec- 20 ognized Indian tribe included on the current list 21 published by the Secretary under section 104 of the 22 Federally Recognized Indian Tribe Act of 1994 (25 23 U.S.C. 5131).’’. 24 VerDate Sep 11 2014 03:32 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H66.IH H66 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 66 IH (b) CONFORMING AMENDMENT.—Section 1126(c) of 1 the Education Amendments of 1978 (25 U.S.C. 2006(c)) 2 is amended by striking ‘‘section 1141(12)’’ and inserting 3 ‘‘section 1142(12)’’. 4 SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SEC- 5 ONDARY EDUCATION ACT OF 1965. 6 Section 2101(a) of the Elementary and Secondary 7 Education Act of 1965 (20 U.S.C. 6611(a)) is amended 8 at the end by inserting the following new paragraph: 9 ‘‘(3) one-half of one percent for Tribes that ad- 10 minister education savings account programs under 11 section 1141 of part B of title XI of the Education 12 Amendments of 1978 (25 U.S.C. 2000 et seq.).’’. 13 SEC. 4. CHARTER SCHOOLS AUTHORIZED. 14 (a) IN GENERAL.—The Bureau of Indian Education 15 is authorized to approve and fund a Bureau-Funded Char- 16 ter School at any school operated or funded by the Bureau 17 of Indian Education. 18 (b) USE OF BUREAU FACILITIES.—Tribes are au- 19 thorized to use existing Bureau of Indian Education facili- 20 ties for the operation, management, and expansion of 21 grades in Bureau-funded charter schools, as defined in 22 section 4(d)(1). 23 (c) USE OF FUNDS.—Funds dispersed to tribes 24 unde [Text truncated for display. Full text available on Congress.gov.]