Sponsor
Andrew S. Biggs
Representative · R-AZ
The bill expands tribal control and direct per‑student education resources (ESAs and tribal-run charters), increasing school choice and local authority for Native communities, but does so by reallocating federal funds and changing oversight in ways that may reduce resources for other programs, raise equity and church–state concerns, and create administrative and timing uncertainties.
Tribal students and families will receive dedicated federal education funding: an $8,000 per-eligible-student Tribal ESA beginning 2025–26, plus a 0.5% formula set‑aside for Tribes that administer ESAs, increasing direct resources for tribal K–12 and postsecondary options.
Tribes can operate and expand charter schools on existing BIE facilities (including early childhood programs) with required IDEA Part B/disability-law compliance, free nonsectarian enrollment, written performance contracts, and federal audit oversight — increasing local control and access to preschool and special education on tribal lands.
Families of Tribal students get flexible ESA use: funds may pay for a wide range of K–12 and postsecondary expenses (tutoring, private school tuition including religious schools, 529 contributions, etc.), increasing family-level choice in education.
Redirecting funds and reserving a 0.5% administrator set‑aside reduces money available to other formula grant recipients (including outlying areas, BIE programs, and some state/local school programs), potentially lowering services and resources elsewhere.
Tribes administering ESAs and families using ESAs for private options may be advantaged relative to other low‑income students; public schools could lose per‑pupil funding and enrollment, creating equity and resource gaps for remaining students.
Allowing ESA dollars to pay for religious education may raise church–state concerns and community/legal disputes over public funds supporting sectarian instruction.
Based on analysis of 6 sections of legislative text.
Creates a five-year Tribal ESA program (up to $8,000/student/year), reserves 0.5% of a federal grant pool for Tribal ESAs, and authorizes Tribe-run Bureau-funded charter schools.
Representative · R-AZ
Official title: To expand opportunity for Native American children through additional options in education, and for other purposes.
Introduced January 3, 2025 by Andrew S. Biggs · Last progress January 3, 2025
Creates a five-year, time-limited Tribal education savings account (ESA) program that lets participating Tribes receive a small reserved share of federal elementary/secondary grant funding to deposit up to $8,000 per eligible student per year into Tribal-controlled ESA accounts for K–12, postsecondary, and related education expenses, and allows Tribes to create and run Bureau-funded charter schools. It also requires GAO review of implementation within three years and includes standard severability language. The ESA funding reservation begins with the 2025–2026 school year, Tribal administrative fees are capped at 5% per pupil, and the new authorities expire five years after enactment.