The Native CLASS ACT

NIEA believes that the Native CLASS Act (S.1262) is a step in the right direction to
improve the status of Native education. It is our hope that this legislation will address
many of the needs for Native education stakeholders across the country. A rigorous
curriculum and relevant instruction are keys to engaging students in research-driven
education models that are rooted in the culture, language, histories, and traditions of
Native students. This benefits not only the individual, but it creates social and economic
capital for families, tribes, and communities.

Here is a copy of the Native CLASS Act Bill S.1262

Areas of S.1262 Requiring Clarification

Restore Director of Indian Education to Assistant Secretary for Indian Education.
The current position for the Director is underutilized and functions almost exclusively
as a grant manager. This position and office must be restored so there is authority to
engage in all titles of the No Child Left Behind Act/Elementary and Secondary
Education Act (No Child/ESEA) that impact Indian student education. The Assistant
Secretary for Indian Education should also be authorized to facilitate interagency
collaboration and to implement the role of the tribal education agencies in various titles.

The Family Education Rights and Privacy Act (FERPA) needs to be clarified to make tribes
eligible to access student data. This should be accomplished through an amendment that includes tribes (and/or their Tribal Education Departments/Tribal Education Agencies) as being among the education agencies, authorities, and officials to whom protected student records and information can be released without the advance consent of parents or students. Such an amendment to FERPA would be consistent with the tribal education programs authorized by Congress since the No Child/ESEA Reauthorizations. This should be accomplished through an amendment that includes tribes (and/or their Tribal Education Departments/Tribal Education Agencies) as being among the education agencies, authorities, and officials to whom protected student records and information can be released without the advance consent of parents or students. Such an amendment to FERPA would be consistent with the tribal education programs authorized by Congress since the previous reauthorizations of what is now No Child/ESEA.

Areas of Progress to Build Upon

Increased Investments in Language and Culture-Based Education

Using Culturally-Based Education as a promising practice in schools. By definition,
Culturally-Based Education (CBE) is a teaching model that encourages quality instructional
practices rooted in cultural and linguistically relevant context. Simply put, CBE is the shared
way of being, knowing, and doing. For Native communities, this includes teaching our Native
language, but it also means incorporating traditional cultural characteristics and teaching
strategies that are harmonious with Native cultural and contemporary ways of knowing.

Research and data tell us that the combination of CBE and high academic standards
improves academic outcomes. Studies throughout the country have told a story of
academic, social, and emotional development when schools combine high standards with
culturally relevant curriculum and instruction. Increased funding for these models of proven
success are smart investments that will allow these centers of best practice to grow and be
replicated nationwide.

Increased Tribal Control of Education

Authorize Tribal Education Agencies (TEA) to perform State Education Agency (SEA)
functions. Tribes are overwhelmingly supportive of local control over education. For Natives,
this means fully recognizing the status of tribal education agencies (TEAs) as formal components
of tribal governments and affording them the same status as SEAs. This would, for example,
enable TEAs to develop a tribal wide plan for the distribution of their Title I funds.

Cultivate parental, family, and tribal community involvement. Resources should be specifically designated to tribal communities to support parent and family involvement in schools, including evening activities, funding for transportation, and support groups for parents of children with disabilities.

Require States to enter into collaborative agreements with tribes. In order for tribes and their TEAs to build capacity and better serve their citizens, states[DM1] must recognize tribal authority over the education of their students. Upon request, States should negotiate with tribal governments to transfer education programs, funding, services, and administrative responsibilities to the tribes. The Department of Education would both facilitate and foster the cooperation of the states and the tribes in these agreements through financial penalties of Title I funding. For example, TEAs should be empowered to implement their own school improvement plan via the accreditation process.

Increased Development Opportunities for Teachers

Invest in “grow your own” Native teacher opportunities and pre-service programs. We must
develop a pipeline of skilled and qualified Native educators to fill the significant number of open
positions in schools with high Native-populations. For example, the development of a collaboration
model to credential classroom aids could be developed between schools and tribal colleges and
universities or four-year institutions through distance-learning. Specifically designate funding towards the preparation, training, and ongoing professional training for teachers (including special education teachers) currently working or interested in working at tribal schools or schools with a high concentration of Indian students.

Increase effectiveness of all classroom teachers and leaders. Investments in professional
development that increase teachers’ culturally competency is vital to create the necessary learning
environment in Native classrooms. Teachers should have differentiated instruction skills that are
both interdisciplinary and integrated. Finally, there needs to be investments made in developing
a base of more effective principals and other school leaders.

Conclusion

NIEA believes that in tough financial times, the investment that yields the greatest return comes
from educating our youth. A holistic education that fosters resiliency and a sense of identity are
important components of Native education. So too is a rigorous and relevant curriculum,
effective instructors and leaders, and the ability for parents and communities to shape the direction of education their children.

Native CLASS Act Chart

Note: Changes are in red italics

Language and Culture-Based Education	Requires states to develop standards-based assessments and classroom lessons that accommodate diverse learning styles.
	Amends Title III (Language Instruction for Limited English Proficient and Immigrant Students) of ESEA to require the Secretary of Education (Secretary) to award grants to Indian and educational organizations for Native American language programs.
	Establishes the Tribal Language Immersion Schools program to assist elementary and secondary schools, and Tribal Colleges and Universities, in using an American Indian, Alaska Native, or Native Hawaiian language as the primary language of instruction.
	Directs the Secretary to expand programs for Native American school children that support learning in their Native language and culture and provide English language instruction.
	Directs the Secretary to conduct research on language and culture-based education.
	Directs the Secretary of the Interior to establish a grant program to assist Native Americans in ensuring the survival and continuing vitality of Native American languages.
	Establishes the Center for Indigenous Excellence to support the development and demonstration of Native American language and culture-based education.
	Amends Section 131 to make Native Hawaiian Educational Organizations eligible for grants under the Improvement of Academic Success of Indian Students through Native American Languages Programs.
Tribal Control of Education	Authorizes tribes to enter into agreements with states to assume state responsibilities and receive a portion of their funding for administering and implementing specified education programs on tribal lands.
	Establishes an Indian School Turn Around grant program to assist tribes in implementing transformation, restart, or turnaround school intervention models at low-performing Indian schools.
	Amends Title VII (American Indian, Native Hawaiian, and Alaska Native education), part A of ESEA to facilitate the participation of tribes in Indian elementary and secondary education grant programs that fund Native American Language programs.
	Authorizes tribes to enter into a cooperative agreement with state education agency (SEA) or local educational agency (LEA) to assume the role of the SEA or LEA with respect to schools on Indian land.
	Establishes the Tribal Education Agency Pilot Project that provides selected Indian tribes with federal funding, and allows them to administer all state functions authorized under the ESEA for Indian schools, schools on Indian lands, or schools serving Indian students.
	Gives Indian schools and LEAs the same eligibility and consideration for any competitive program
	Amends the Education Amendments of 1978 to require the Secretary of the Interior to establish the Tribal Education Policy Advisory Group.
	Requires the Secretary to study the feasibility of entering into self-governance compacts and contracts with Indian tribal governments that wish to operate public schools on their lands.
	Amends Section 213 to make Indian tribes eligible entities to receive student records on tribal members without advance parental consent by amending the Family Educational Rights and Privacy Act (FERPA).
	Amends Section 212 by adding a new requirement of the Secretary of the Interior to submit information and funding requests to Congress for the full funding of administrative costs to tribes for BIE-operated schools.
	Amends Title I, Subtitle E by adding a new Centers for Innovation in Tribally-Directed Education program which provides technical and professional expertise to tribes to assist them in developing a variety of culturally relevant educational programs, systems, and protocols.
	Amends Section 163 to make Indian tribes eligible to receive the grants for students attending schools located on Indian reservations, with the Indian tribe representing the plurality of Indian children being served as the priority recipient. Also amends the language to make “Indian community based organizations” instead of “Indian Committees” eligible to receive the grant if the LEA or an Indian tribe does not apply.
	Amends Section 185 to make Indian tribes eligible to receive Impact Aid funding and authorize cooperative agreements between LEAs and Indian tribes to determine funding uses.
	Amends Section 171 to clarify that the pilot project authorizes Indian tribes to be eligible for federal ESEA title funds (not state education funds) and that states do not have to report on title funds received by Indian tribes through the pilot project.
	Amends Section 132 to require the Secretary to provide federal education funding directly to Indian tribes and amend the definition of Tribal Education Agencies (TEAs) so that it is consistent with the other definitions of TEAs in the Act.
Teacher Training and Development	Exempts Native language teachers from the requirement that teachers be highly qualified. Requires states to develop alternative licensure or certification requirements for those teachers.
	Amends Title II (Teacher and Principal Training and Recruiting Fund), part A of ESEA to enhance teacher and principal training and recruiting for Indian schools.
	Establishes an Indian Educator Scholarship program for Indians who are studying to be elementary or secondary school teachers and agree to serve in an Indian school or public school serving a significant number of Indian students.
	Includes Indian schools in the program to recruit and train math and science teachers under Title II, part B and in the Troops-to-Teachers program under Title II, part C.
	Establishes a program awarding grants to LEAs, institutions of higher education, or non-profit organizations to create or expand teacher and administrator pipelines for educators of Native American students.
	Establishes the National Board Certification Incentive Demonstration program to cover the incurred costs for obtaining certification and boost compensation for teachers of Indians students.
	Considers teachers of Native American language, history, or culture in a state or any Indian school to be highly qualified for purposes of ESEA if they are certified by the tribes to teach those subjects.
	Amends Section 172 to make Native Hawaiian Education Organizations eligible for the Improve Support for Teachers and Administrators of Native American Students program.
	Amends Section 173 makes Native Hawaiians and Native Hawaiian Education Organizations eligible for the National Board Certification Incentive Demonstration Program.
	Amends Section 191 to include Native Hawaiians and Native Hawaiian Education Organizations under the alternative definition of “highly qualified.”
Tribal Colleges and Higher Education	Amends the Equity in Educational Land Grant Status Act to include Keweenaw Bay Ojibwa Community College.
	Amends the Workforce Investment Act to establish an American Indian Tribal College or University Adult Education and Family Literacy program.
	Directs the Secretary of the Interior to establish an in-school facility innovation program contest to encourage institutions of higher education to solve the problem of how to improve Indian school facilities for problem-based learning.
	Amends Section 211 to add a new Tribal Colleges and Universities Native American Language Vitalization and Training Program.
	Amends Section 207 to include Native Hawaiians as eligible under the American Indian Tribal College or University Adult Education and Literacy Program.
Juvenile Justice	Establishes an Indian Children and Youth At-Risk education grant program to assist tribes in providing education and other services to Indian youth in correctional facilities.
	Establishes a grant program to assist tribes in providing educational alternatives for Indian youth who have been sentenced to incarceration of juvenile detention.
	Amends Title I, part D (Prevention and Intervention Programs for Children and Youth who are Neglected, Delinquent, or At-Risk) of ESEA to facilitate the participation of Indian tribes.
Other Key Provisions	Requires, under Title IV (21^st Century Schools) of ESEA, that the Secretary establish a Safe and Healthy Schools for Native American Students program.
	Establishes a grant program to improve the collection, coordination, and electronic exchange of Indian student records between SEAs, LEAs, and Indian schools.
	Reauthorizes appropriations under Title VII, part A through FY2017.
	Amends the Impact Aid program to require the Secretary to complete Impact Aid payments to eligible LEAs that claim children residing on Indian lands within 3 fiscal years of their appropriation.
	Requires all ESEA public school assistance programs to reserve 1% of their funding to provide Indian schools with the technical expertise and capacity to compete for such assistance.
	Amends the American Recovery and Reinvestment Act of 2009 to require the Secretary to reserve a portion of the amounts appropriated for the State Incentive grants and Innovative Fund programs for Indian schools and to ensure that high quality early learning services are provided to Indian children.
	Amends the Internal Revenue Code to exclude certain educational benefits provided to members of Indian tribes from gross income.
	Amends the Indian Self-Determination and Education Assistance Act to require the Secretary of the Interior to establish a qualified school construction bond escrow account.
	Requires the Secretary and the Secretary of the Interior to establish a Department of Education/Department of Interior Joint Oversight Board to coordinate Indian education policies and assistance.
	Directs the Government Accountability Office to study the feasibility of transferring the Bureau of Indian Education from the Department of the Interior to the Department of Education.
	Revises the Native Hawaiian Education Act to improve accountability by changing the structure of the Native Hawaiian Education Council.
	Amends Section 168 to authorize tribes to be eligible for technical assistance grants to develop grant applications for Title VII Indian Education Formal grants.
	Amends Section 141 to require the Secretary of Education to supply Safe and Healthy Schools programs to all public schools eligible for Formula Grant Programs under Title VII. Also directs the Secretary to work in cooperation with tribes, to the extent practicable, in developing these programs within one year after enactment.
	Amends Section 111 to include Native Hawaiian Education Organizations as eligible entities for the Indian School Turnaround Program.

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