ELEMENTARY & SECONDARY EDUCATION
Part C — Alaska Native Education

SEC. 7301  |  SEC. 7302  |  SEC. 7303  |  SEC. 7304  |  SEC. 7305  |  SEC. 7306  |  SEC. 702  |  SEC. 703

SEC. 7301. SHORT TITLE.

    This part may be cited as the 'Alaska Native Educational Equity, Support, and Assistance Act'.

SEC. 7302. FINDINGS.

    Congress finds and declares the following:

      (1) The attainment of educational success is critical to the betterment of the conditions, long-term well-being, and preservation of the culture of Alaska Natives.

      (2) It is the policy of the Federal Government to encourage the maximum participation by Alaska Natives in the planning and the management of Alaska Native education programs.

      (3) Alaska Native children enter and exit school with serious educational handicaps.

      (4) The educational achievement of Alaska Native children is far below national norms. Native performance on standardized tests is low, Native student dropout rates are high, and Natives are significantly underrepresented among holders of baccalaureate degrees in the State of Alaska. As a result, Native students are being denied their opportunity to become full participants in society by grade school and high school educations that are condemning an entire generation to an underclass status and a life of limited choices.

      (5) The programs authorized in this part, combined with expanded Head Start, infant learning, and early childhood education programs, and parent education programs, are essential if educational handicaps are to be overcome.

      (6) The sheer magnitude of the geographic barriers to be overcome in delivering educational services in rural Alaska and Alaska villages should be addressed through the development and implementation of innovative, model programs in a variety of areas.

      (7) Native children should be afforded the opportunity to begin their formal education on a par with their non-Native peers. The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.

SEC. 7303. PURPOSES.

    The purposes of this part are as follows:

      (1) To recognize the unique educational needs of Alaska Natives.

      (2) To authorize the development of supplemental educational programs to benefit Alaska Natives.

      (3) To supplement existing programs and authorities in the area of education to further the purposes of this part.

      (4) To provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives.

SEC. 7304. PROGRAM AUTHORIZED.

    (a) GENERAL AUTHORITY-

      (1) GRANTS AND CONTRACTS- The Secretary is authorized to make grants to, or enter into contracts with, Alaska Native organizations, educational entities with experience in developing or operating Alaska Native programs or programs of instruction conducted in Alaska Native languages, cultural and community-based organizations with experience in developing or operating programs to benefit Alaska Natives, and consortia of organizations and entities described in this paragraph to carry out programs that meet the purposes of this part.

      (2) PERMISSIBLE ACTIVITIES- Activities provided through programs carried out under this part may include the following:

        (A) The development and implementation of plans, methods, and strategies to improve the education of Alaska Natives.

        (B) The development of curricula and educational programs that address the educational needs of Alaska Native students, including the following:

          (i) Curriculum materials that reflect the cultural diversity or the contributions of Alaska Natives.

          (ii) Instructional programs that make use of Native Alaskan languages.

          (iii) Networks that introduce successful programs, materials, and techniques to urban and rural schools.

        (C) Professional development activities for educators, including the following:

          (i) Programs to prepare teachers to address the cultural diversity and unique needs of Alaska Native students.

          (ii) In-service programs to improve the ability of teachers to meet the unique needs of Alaska Native students.

          (iii) Recruitment and preparation of teachers who are Alaska Native, reside in communities with high concentrations of Alaska Native students, or are likely to succeed as teachers in isolated, rural communities and engage in cross-cultural instruction in Alaska.

        (D) The development and operation of home instruction programs for Alaska Native preschool children, to ensure the active involvement of parents in their children's education from the earliest ages.

        (E) Family literacy services.

        (F) The development and operation of student enrichment programs in science and mathematics that —

          (i) are designed to prepare Alaska Native students from rural areas, who are preparing to enter secondary school, to excel in science and math;

          (ii) provide appropriate support services to the families of such students that are needed to enable such students to benefit from the programs; and

          (iii) may include activities that recognize and support the unique cultural and educational needs of Alaska Native children, and incorporate appropriately qualified Alaska Native elders and seniors.

        (G) Research and data collection activities to determine the educational status and needs of Alaska Native children and adults.

        (H) Other research and evaluation activities related to programs carried out under this part.

        (I) Remedial and enrichment programs to assist Alaska Native students in performing at a high level on standardized tests.

        (J) Education and training of Alaska Native students enrolled in a degree program that will lead to certification or licensing as teachers.

        (K) Parenting education for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cognitive development), including parenting education provided through in-home visitation of new mothers.

        (L) Cultural education programs operated by the Alaska Native Heritage Center and designed to share the Alaska Native culture with students.

        (M) A cultural exchange program operated by the Alaska Humanities Forum and designed to share Alaska Native culture with urban students in a rural setting, which shall be known as the Rose Cultural Exchange Program.

        (N) Activities carried out through Even Start programs carried out under subpart 3 of part B of title I and Head Start programs carried out under the Head Start Act, including the training of teachers for programs described in this subparagraph.

        (O) Other early learning and preschool programs.

        (P) Dropout prevention programs such as the Cook Inlet Tribal Council's Partners for Success program.

        (Q) An Alaska Initiative for Community Engagement program.

        (R) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities.

        (S) Provision of operational support and purchasing of equipment, to develop regional vocational schools in rural areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of education, to provide the students with necessary resources to prepare for skilled employment opportunities.

        (T) Other activities, consistent with the purposes of this part, to meet the educational needs of Alaska Native children and adults.

      (3) HOME INSTRUCTION PROGRAMS- Home instruction programs for Alaska Native preschool children carried out under paragraph (2)(D) may include the following:

        (A) Programs for parents and their infants, from the prenatal period of the infant through age 3.

        (B) Preschool programs.

        (C) Training, education, and support for parents in such areas as reading readiness, observation, story telling, and critical thinking.

    (b) LIMITATION ON ADMINISTRATIVE COSTS- Not more than 5 percent of funds provided to a grantee under this section for any fiscal year may be used for administrative purposes.

    (c) PRIORITIES- In awarding grants or contracts to carry out activities described in subsection (a)(2), except for activities listed in subsection (d)(2), the Secretary shall give priority to applications from Alaska Native regional nonprofit organizations, or consortia that include at least one Alaska Native regional nonprofit organization.

    (d) AUTHORIZATION OF APPROPRIATIONS-

      (1) IN GENERAL- There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.

      (2) AVAILABILITY OF FUNDS- Of the funds appropriated and made available under this section for a fiscal year, the Secretary shall make available —

        (A) not less than $1,000,000 to support activities described in subsection (a)(2)(K);

        (B) not less than $1,000,000 to support activities described in subsection (a)(2)(L);

        (C) not less than $1,000,000 to support activities described in subsection (a)(2)(M);

        (D) not less than $2,000,000 to support activities described in subsection (a)(2)(P); and

        (E) not less than $2,000,000 to support activities described in subsection (a)(2)(Q).

SEC. 7305. ADMINISTRATIVE PROVISIONS.

    (a) APPLICATION REQUIRED- No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary in such form, in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of this part.

    (b) APPLICATIONS- A State educational agency or local educational agency may apply for an award under this part only as part of a consortium involving an Alaska Native organization. The consortium may include other eligible applicants.

    (c) CONSULTATION REQUIRED- Each applicant for an award under this part shall provide for ongoing advice from and consultation with representatives of the Alaska Native community.

    (d) LOCAL EDUCATIONAL AGENCY COORDINATION- Each applicant for an award under this part shall inform each local educational agency serving students who would participate in the program to be carried out under the grant or contract about the application.

SEC. 7306. DEFINITIONS.

    In this part:

      (1) ALASKA NATIVE- The term Alaska Native' has the same meaning as the term Native' has in section 3(b) of the Alaska Native Claims Settlement Act.

      (2) ALASKA NATIVE ORGANIZATION- The term Alaska Native organization' means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and another organization that —

        (A) has or commits to acquire expertise in the education of Alaska Natives; and

        (B) has Alaska Natives in substantive and policymaking positions within the organization.'.

SEC. 702. CONFORMING AMENDMENTS.

    (a) HIGHER EDUCATION ACT OF 1965- Section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is amended —

      (1) in paragraph (1), by striking section 9308' and inserting section 7306'; and

      (2) in paragraph (3), by striking section 9212' and inserting section 7207'.

    (b) PUBLIC LAW 88-210- Section 116 of Public Law 88-210 (as added by section 1 of Public Law 105-332 (112 Stat. 3076)) is amended by striking section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)' and inserting section 7207 of the Native Hawaiian Education Act'.

    (c) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION ACT OF 1998- Section 116(a)(5) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is amended by striking section 9212' and all that follows and inserting section 7207 of the Native Hawaiian Education Act'.

    (d) MUSEUM AND LIBRARY SERVICES ACT- Section 261 of the Museum and Library Services Act (20 U.S.C. 9161) is amended by striking section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)' and inserting section 7207 of the Native Hawaiian Education Act'.

    (e) ACT OF APRIL 16, 1934- Section 5 of the Act of April 16, 1934 (commonly known as the Johnson-O'Malley Act') (88 Stat. 2213; 25 U.S.C. 456) is amended by striking section 9104(c)(4)' and inserting section 7114(c)(4)'.

    (f) NATIVE AMERICAN LANGUAGES ACT- Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended —

      (1) in paragraph (2), by striking section 9161(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881(4))' and inserting section 7151(3) of the Elementary and Secondary Education Act of 1965'; and

      (2) in paragraph (3), by striking section 9212(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7912(1))' and inserting section 7207 of the Elementary and Secondary Education Act of 1965'.

    (g) WORKFORCE INVESTMENT ACT OF 1998- Section 166(b)(3) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3)) is amended by striking paragraphs (1) and (3), respectively, of section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)' and inserting section 7207 of the Native Hawaiian Education Act'.

    (h) ASSETS FOR INDEPENDENCE ACT- Section 404(11) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)' and inserting section 7207 of the Native Hawaiian Education Act'.

SEC. 703. SAVINGS PROVISIONS.

    Funds appropriated for parts A, B, and C of title IX of the Elementary and Secondary Education Act of 1965 (as in effect on the day before the date of enactment of this Act) shall be available for use under parts A, B, and C, respectively, of title VII of such Act, as added by this section.


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Last Modified: 09/15/2004