Native American Education Opportunity Act · Introduced in House (2025-01-03) · Congress.wiki

H.R. 84

119th CONGRESS 1st Session

To expand opportunity for Native American children through additional options in education, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · January 3, 2025 · Sponsor: Mr. Biggs of Arizona · Committee: Committee on Education and Workforce

H.R. 84

SEC. 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 () is amended— 25 U.S.C. 2000 et seq.
  - by redesignating section 1141 as section 1142; and
    - (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 () 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). 20 U.S.C. 6611(a)
      - (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—
        
        private tutoring, including academic, Native language, or cultural tutoring;
        
        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;
        
        private online learning programs;
        
        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;
        
        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;
        
        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;
        
        educational software and applications;
        
        uniforms purchased for attendance at a private school recognized by the State;
        
        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;
        
        fees for summer education programs and specialized after-school education programs (but not including after-school childcare);
        
        educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies;
        
        transportation to receive a service under paragraph (4);
        
        costs of attendance at an institution of higher education;
        
        costs associated with an apprenticeship or other vocational training program;
        
        fees for State-recognized industry certification exams, and tuition or fees for preparatory courses for such exams;
        
        contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or section 529(b)(1)(A)
        
        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—
        
        the date on which the student enrolls in a public elementary school or secondary school on a full-time basis;
        
        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;
        
        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
        
        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—
        
        the child may not attend the public school free of charge; and
        
        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:
        
        The term appropriate officials means—
        
        The term educational service provider means an educational service provider that has entered into an agreement with a Tribe.
        
        The term ESA eligible student means an individual who is—
        
        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.
        
        In this paragraph, the term nonprofit entity means an entity that is described in the of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. section 501(c)(3)
        
        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
        
        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
  - by inserting after section 1140 the following:
(b) Conforming amendment
- Section 1126(c) of the Education Amendments of 1978 () is amended by striking section 1141(12)and inserting section 1142(12). 25 U.S.C. 2006(c)

SEC. 3. Amendments to the Elementary and Secondary Education Act of 1965

Section 2101(a) of the Elementary and Secondary Education Act of 1965 () is amended at the end by inserting the following new paragraph: 20 U.S.C. 6611(a)
- 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:
  - The term Bureau-Funded Charter School means a school that—
  - 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—
- 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;
- submit a report describing the results of the review under paragraph (1) to—
  - the Committee on Indian Affairs of the Senate; and
  - the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; and
- 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.