119-hr84

[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 
 or group of individuals (including a public, private, or Tribal 
 nonprofit organization), which may include teachers, 
 administrators and other school staff, parents, or other 
 members of the local community in which a charter school 
 project will be carried out.

SEC. 5. GAO STUDY.

 Not later than 3 years after the date of enactment of this Act, the 
Comptroller General of the United States shall--

    (1) conduct a review of the implementation of the programs 
 established by this Act during the preceding 3-year period, 
 including any factors impacting increased participation in 
 education savings account programs established pursuant to the 
 amendments made by this Act;

    (2) submit a report describing the results of the review 
 under paragraph

    (1) to--
        (A) the Committee on Indian Affairs of the Senate; 
 and
        (B) the Subcommittee on Indian, Insular and Alaska 
 Native Affairs of the Committee on Natural Resources of 
 the House of Representatives; and

    (3) make the report described in paragraph

    (2) publicly 
 available.

SEC. 6. SEVERABILITY.

 If any provision of this Act, or an amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance, is held to be invalid, the remainder of this Act, or an 
amendment made by this Act, or the application of such provision to 
other persons or circumstances, shall not be affected.
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