,,ii #aacth ,,congress #ast ,session ,s4 #aajg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #f1 #bjac ,ms4 ,hirono 7for herself1 ,mr4 ,schatz1 ,ms4 ,murkowski1 and ,mr4 ,begich7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,elementary and ,secondary ,education ,act of #aife regarding ,native ,hawaiian education4 #a4 ,short title ,this ,act may be cited as the ,native ,hawaiian ,education ,act4 #b4 ,findings ,section #gbjb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geab7 is amended to read as follows3 #gbjb4 ,findings ,congress finds the following3 7#a7 ,native ,hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the ,hawaiian archipelago1 whose society was organized as a nation and internationally recognized as a nation by the ,united ,states1 the ,united ,kingdom1 ,france1 and ,japan1 as evidenced by treaties governing friendship1 commerce1 and navigation4 7#b7 ,the ,united ,states has recognized and reaffirmed that-- 7,a7 ,native ,hawaiians have a cultural1 historic1 and land-based link to the indigenous people who exercised sovereignty over the ,hawaiian ,islands1 and that group has never relinquished its claims to sovereignty or its sovereign lands2 7,b7 the ,united ,states furnishes services to ,native ,hawaiians because of their unique status as the indigenous people of a once sovereign nation with whom the ,united ,states has established a trust relationship2 7,c7 ,congress has also delegated broad authority to administer a portion of the ,federal trust responsibility to the ,state of ,hawaii2 7,d7 the political status of ,native ,hawaiians is comparable to that of ,american ,indians and ,alaska ,natives2 and 7,e7 the aboriginal1 indigenous people of the ,united ,states have-- 7i7 a continuing right to autonomy in their internal affairs2 and 7ii7 an ongoing right of self-determination and self-governance that has never been extinguished4 7#c7 ,the political relationship between the ,united ,states and the ,native ,hawaiian people has been recognized and reaffirmed by the ,united ,states1 as evidenced by the inclusion of ,native ,hawaiians in-- 7,a7 the ,native ,american ,programs ,act of #aigd 7#db ,u4,s4,c4 #biia et seq472 7,b7 ,public ,law #ie-cda 7commonly known as the ,american ,indian ,religious ,freedom ,act 7#db ,u4,s4,c4 #aiif772 7,c7 the ,national ,museum of the ,american ,indian ,act 7#bj ,u4,s4,c4 #hjq et seq472 7,d7 the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja et seq472 7,e7 the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq472 7,f7 the ,native ,american ,languages ,act 7#be ,u4,s4,c4 #bija et seq472 7,g7 the ,american ,indian1 ,alaska ,native1 and ,native ,hawaiian ,culture and ,art ,development ,act 7#bj ,u4,s4,c4 #ddja et seq472 7,h7 the ,workforce ,investment ,act of #aiih 7#bi ,u4,s4,c4 #bhja et seq472 and 7,i7 the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjja et seq474 7#d7 ,in #aiic1 #bjje1 and #bjji1 the ,kamehameha ,schools ,bishop ,estate released the findings of the ,native ,hawaiian ,educational ,assessment ,project1 which found that despite the successes of the programs established under title ,,iv of the ,augustus ,f4 ,hawkins-,robert ,t4 ,stafford ,elementary and ,secondary ,school ,improvement ,amendments of #aihh1 many of the same educational needs still existed for ,native ,hawaiians4 ,subsequent reports by the ,kamehameha ,schools ,bishop ,estate and other organizations have generally confirmed those findings4 ,for example-- 7,a7 ,native ,hawaiian students continue to begin their school experience lagging behind other students in terms of readiness factors such as vocabulary test scores2 7,b7 ,native ,hawaiian students continue to score below national norms on standardized education achievement tests at all grade levels2 7,c7 both public and private schools continue to show a pattern of lower percentages of ,native ,hawaiian students in the uppermost achievement levels and in gifted and talented programs2 7,d7 ,native ,hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities1 mild mental retardation1 emotional impairment1 and other such disabilities2 7,e7 ,native ,hawaiians continue to be underrepresented in institutions of higher education and among adults who have completed four or more years of college2 and 7,f7 ,native ,hawaiians continue to be disproportionately represented in many negative social and physical statistics indicative of special educational needs4 7#e7 ,the number of ,native ,hawaiian students served by the ,state of ,hawaii ,department of ,education has risen from #bj percent in #aihj to #bf percent in #bjjh1 and there are1 and will continue to be1 geographically rural1 isolated areas with a high ,native ,hawaiian population density4 7#f7 ,despite the consequences of more than #ajj years of nonindigenous influence1 the ,native ,hawaiian people are determined to preserve1 develop1 and transmit to future generations their ancestral territory and their cultural identity1 in accordance with their own spiritual and traditional beliefs1 customs1 practices1 language1 and social institutions4 7#g7 ,the ,state of ,hawaii1 in the constitution and statutes of the ,state of ,hawaii-- 7,a7 reaffirms and protects the unique right of the ,native ,hawaiian people to practice and perpetuate their culture and religious customs1 beliefs1 practices1 and language2 7,b7 recognizes the traditional language of the ,native ,hawaiian people as an official language of the ,state of ,hawaii1 which may be used as the language of instruction for all subjects and grades in the public school system2 and 7,c7 promotes the study of the ,hawaiian culture1 language1 and history by providing a ,hawaiian education program and using community expertise as a suitable and essential means to further the program4 4 #c4 ,purposes ,section #gbjc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geac7 is amended to read as follows3 #gbjc4 ,purposes ,the purposes of this part are-- 7#a7 to authorize1 develop1 implement1 assess1 and evaluate innovative educational programs1 ,native ,hawaiian language medium programs1 ,native ,hawaiian culture-based education programs1 and other education programs to improve the academic achievement of ,native ,hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging ,state student academic achievement standards2 7#b7 to provide guidance to appropriate ,federal1 ,state1 and local agencies to more effectively and efficiently focus resources1 including resources made available under this part1 on the development and implementation of-- 7,a7 innovative educational programs for ,native ,hawaiians2 7,b7 rigorous and substantive ,native ,hawaiian language programs2 and 7,c7 ,native ,hawaiian culture-based educational programs2 and 7#c7 to create a system by which information from programs funded under this part will be collected1 analyzed1 evaluated1 reported1 and used in decisionmaking activities regarding the types of grants awarded under this part4 4 #d4 ,native ,hawaiian ,education ,council ,grant ,section #gbjd of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gead7 is amended to read as follows3 #gbjd4 ,native ,hawaiian ,education ,council ,grant 7a7 ,grant ,authorized ,in order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to ,native ,hawaiians1 including those programs that receive funding under this part1 the ,secretary shall award a grant to an education council1 as described under subsection 7b74 7b7 ,education ,council 7#a7 ,eligibility ,to be eligible to receive the grant under subsection 7a71 the council shall be an education council 7referred to in this section as the ,education ,council7 that meets the requirements of this subsection4 7#b7 ,composition ,the ,education ,council shall consist of #ae members of whom-- 7,a7 #a shall be the ,president of the ,university of ,hawaii 7or a designee72 7,b7 #a shall be the ,governor of the ,state of ,hawaii 7or a designee72 7,c7 #a shall be the ,superintendent of the ,state of ,hawaii ,department of ,education 7or a designee72 7,d7 #a shall be the chairperson of the ,office of ,hawaiian ,affairs 7or a designee72 7,e7 #a shall be the executive director of ,hawaii's ,charter ,school ,network 7or a designee72 7,f7 #a shall be the chief executive officer of the ,kamehameha ,schools 7or a designee72 7,g7 #a shall be the ,chief ,executive ,officer of the ,queen ,liliuokalani ,trust 7or a designee72 7,h7 #a shall be a member1 selected by the other members of the ,education ,council1 who represents a private grant-making entity2 7,i7 #a shall be the ,mayor of the ,county of ,hawaii 7or a designee72 7,j7 #a shall be the ,mayor of ,maui ,county 7or a designee from the ,island of ,maui72 7,k7 #a shall be the ,mayor of the ,county of ,kauai 7or a designee72 7,l7 #a shall be appointed by the ,mayor of ,maui ,county from the ,island of either ,molokai or ,lanai2 7,m7 #a shall be the ,mayor of the ,city and ,county of ,honolulu 7or a designee72 7,n7 #a shall be the chairperson of the ,hawaiian ,homes ,commission 7or a designee72 and 7,o7 #a shall be the chairperson of the ,hawaii ,workforce ,development ,council 7or a designee representing the private sector74 7#c7 ,requirements ,any designee serving on the ,education ,council shall demonstrate1 as determined by the individual who appointed such designee with input from the ,native ,hawaiian community1 not less than #e years of experience as a consumer or provider of ,native ,hawaiian education or cultural activities1 with traditional cultural experience given due consideration4 7#d7 ,limitation ,a member 7including a designee71 while serving on the ,education ,council1 shall not be a recipient of grant funds that are awarded under this part4 7#e7 ,term of members ,a member who is a designee shall serve for a term of not more than #d years4 7#f7 ,chair1 vice chair 7,a7 ,selection ,the ,education ,council shall select a ,chair and a ,vice ,chair from among the members of the ,education ,council4 7,b7 ,term limits ,the ,chair and ,vice ,chair shall each serve for a #b-year term4 7#g7 ,administrative provisions relating to education council ,the ,education ,council shall meet at the call of the ,chair of the ,council1 or upon request by a majority of the members of the ,education ,council1 but in any event not less often than every #abj days4 7#h7 ,no compensation ,none of the funds made available through the grant may be used to provide compensation to any member of the ,education ,council or member of a working group established by the ,education ,council1 for functions described in this section4 7c7 ,use of ,funds for ,coordination ,activities ,the ,education ,council shall use funds made available through the grant to carry out each of the following activities3 7#a7 ,providing advice about the coordination1 and serving as a clearinghouse for1 the educational and related services and programs available to ,native ,hawaiians1 including the programs assisted under this part4 7#b7 ,assessing the extent to which such services and programs meet the needs of ,native ,hawaiians1 and collecting data on the status of ,native ,hawaiian education4 7#c7 ,providing direction and guidance1 through the issuance of reports and recommendations1 to appropriate ,federal1 ,state1 and local agencies in order to focus and improve the use of resources1 including resources made available under this part1 relating to ,native ,hawaiian education1 and serving1 where appropriate1 in an advisory capacity4 7#d7 ,awarding grants1 if such grants enable the ,education ,council to carry out the activities described in paragraphs 7#a7 through 7#c74 7#e7 ,hiring an executive director who shall assist in executing the duties and powers of the ,education ,council1 as described in subsection 7d74 7d7 ,use of ,funds for ,technical ,assistance ,the ,education ,council shall use funds made available through the grant to-- 7#a7 provide technical assistance to ,native ,hawaiian organizations that are grantees or potential grantees under this part2 7#b7 obtain from such grantees information and data regarding grants awarded under this part1 including information and data about-- 7,a7 the effectiveness of such grantees in meeting the educational priorities established by the ,education ,council1 as described in paragraph 7#f77;,d71 using metrics related to these priorities2 and 7,b7 the effectiveness of such grantees in carrying out any of the activities described in section #gbje7;c7 that are related to the specific goals and purposes of each grantee's grant project1 using metrics related to these priorities2 7#c7 assess and define the educational needs of ,native ,hawaiians2 7#d7 assess the programs and services available to address the educational needs of ,native ,hawaiians2 7#e7 assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving ,native ,hawaiian educational performance and meeting the goals of this part1 using metrics related to these goals2 and 7#f7 prepare and submit to the ,secretary1 at the end of each calendar year1 an annual report that contains-- 7,a7 a description of the activities of the ,education ,council during the calendar year2 7,b7 a description of significant barriers to achieving the goals of this part2 7,c7 a summary of each community consultation session described in subsection 7e72 and 7,d7 recommendations to establish priorities for funding under this part1 based on an assessment of-- 7i7 the educational needs of ,native ,hawaiians2 7ii7 programs and services available to address such needs2 7iii7 the effectiveness of programs in improving the educational performance of ,native ,hawaiian students to help such students meet challenging ,state student academic achievement standards2 and 7iv7 priorities for funding in specific geographic communities4 7e7 ,use of ,funds for ,community consultations ,the ,education ,council shall use funds made available though the grant under subsection 7a7 to hold not less than #a community consultation each year on each of the islands of ,hawaii1 ,maui1 ,molokai1 ,lanai1 ,oahu1 and ,kauai1 at which-- 7#a7 not less than #c members of the ,education ,council shall be in attendance2 7#b7 the ,education ,council shall gather community input regarding-- 7,a7 current grantees under this part1 as of the date of the consultation2 7,b7 priorities and needs of ,native ,hawaiians2 and 7,c7 other ,native ,hawaiian education issues2 and 7#c7 the ,education ,council shall report to the community on the outcomes of the activities supported by grants awarded under this part4 7f7 ,funding ,for each fiscal year1 the ,secretary shall use the amount described in section #gbjf7;d77#b71 to make a payment under the grant4 ,funds made available through the grant shall remain available until expended4 7g7 ,report ,beginning not later than #b years after the date of enactment of the ,native ,hawaiian ,education ,act1 and for each subsequent year1 the ,secretary shall prepare and submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives1 and the ,committee on ,indian ,affairs and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 a report that-- 7#a7 summarizes the annual reports of the ,education ,council2 7#b7 describes the allocation and use of funds under this part and the information gathered since the first annual report submitted by the ,education ,council to the ,secretary under this section2 and 7#c7 contains recommendations for changes in ,federal1 ,state1 and local policy to advance the purposes of this part4 4 #e4 ,grant program authorized ,section #gbje of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geae et seq47 is amended to read as follows3 #gbje4 ,grant ,program authorized 7a7 ,grants and contracts ,in order to carry out programs that meet the purposes of this part1 the ,secretary is authorized to award grants to1 or enter into contracts with-- 7#a7 ,native ,hawaiian educational organizations2 7#b7 ,native ,hawaiian community-based organizations2 7#c7 public and private nonprofit organizations1 agencies1 and institutions with experience in developing or operating ,native ,hawaiian education and workforce development programs or programs of instruction in the ,native ,hawaiian language2 7#d7 charter schools2 and 7#e7 consortia of the organizations1 agencies1 and institutions described in paragraphs 7#a7 through 7#d74 7b7 ,priority ,in awarding grants and entering into contracts under this part1 the ,secretary shall give priority to-- 7#a7 programs that meet the educational priority recommendations of the ,education ,council1 as described under section #gbjd7;d77#f77;,e72 7#b7 the repair and renovation of public schools that serve high concentrations of ,native ,hawaiian students2 7#c7 programs designed to improve the academic achievement of ,native ,hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging ,state student academic achievement standards1 including activities relating to-- 7,a7 achieving competence in reading1 literacy1 mathematics1 and science for students in preschool through grade #c2 7,b7 the educational needs of at-risk children and youth2 7,c7 professional development for teachers and administrators2 7,d7 the use of ,native ,hawaiian language and preservation or reclamation of ,native ,hawaiian culture-based educational practices2 7,e7 preparation for employment in fields in which ,native ,hawaiians are underemployed or underrepresented2 and 7,f7 other programs relating to the activities described in this part2 and 7#d7 programs in which a ,state educational agency1 local educational agency1 institution of higher education1 or a ,state educational agency or local educational agency in partnership with an institution of higher education apply for a grant or contract under this part as part of a partnership or consortium4 7c7 ,authorized activities ,activities provided through programs carried out under this part may include-- 7#a7 the development and maintenance of a statewide ,native ,hawaiian early education and care system to provide a continuum of high-quality early learning services for ,native ,hawaiian children from the prenatal period through the age of kindergarten entry2 7#b7 the operation of family-based education centers that provide such services as-- 7,a7 programs for ,native ,hawaiian parents and infants from the prenatal period through age #c2 7,b7 early care and education programs for ,native ,hawaiians2 and 7,c7 research on1 and development and assessment of1 family-based1 early childhood1 and preschool programs for ,native ,hawaiians2 7#c7 activities that enhance beginning reading and literacy in either the ,hawaiian or the ,english language among ,native ,hawaiian students in kindergarten through grade #c and assistance in addressing the distinct features of combined ,english and ,hawaiian literacy for ,hawaiian speakers in grades #e and #f2 7#d7 activities to meet the special needs of ,native ,hawaiian students with disabilities1 including-- 7,a7 the identification of such students and their needs2 7,b7 the provision of support services to the families of such students2 and 7,c7 other activities consistent with the requirements of the ,individuals with ,disabilities ,education ,act2 7#e7 activities that address the special needs of ,native ,hawaiian students who are gifted and talented1 including-- 7,a7 educational1 psychological1 and developmental activities designed to assist in the educational progress of such students2 and 7,b7 activities that involve the parents of such students in a manner designed to assist in the educational progress of such students2 7#f7 the development of academic and vocational curricula to address the needs of ,native ,hawaiian children and adults1 including curricula materials in the ,hawaiian language and mathematics and science curricula that incorporate ,native ,hawaiian tradition and culture2 7#g7 professional development activities for educators1 including-- 7,a7 the development of programs to prepare prospective teachers to address the unique needs of ,native ,hawaiian students within the context of ,native ,hawaiian culture1 language1 and traditions2 7,b7 in-service programs to improve the ability of teachers who teach in schools with high concentrations of ,native ,hawaiian students to meet the unique needs of such students2 and 7,c7 the recruitment and preparation of ,native ,hawaiians1 and other individuals who live in communities with a high concentration of ,native ,hawaiians1 to become teachers2 7#h7 the operation of community-based learning centers that address the needs of ,native ,hawaiian families and communities through the coordination of public and private programs and services1 including-- 7,a7 early care and education programs2 7,b7 before- and after-school programs and weekend academies2 7,c7 career and technical and adult education programs2 and 7,d7 programs that recognize and support the unique cultural and educational needs of ,native ,hawaiian children1 and incorporate appropriately qualified ,native ,hawaiian elders and seniors2 7#i7 activities1 including program co-location1 to enable ,native ,hawaiians to enter and complete programs of postsecondary education1 including-- 7,a7 subject to subsection 7f71 the provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need1 with a priority1 at the graduate level1 given to students entering professions in which ,native ,hawaiians are underrepresented2 7,b7 family literacy services2 7,c7 counseling and support services for students receiving scholarship assistance2 7,d7 counseling and guidance for ,native ,hawaiian secondary school students who have the potential to receive scholarships2 7,e7 assistance with completing the college admissions and financial aid application processes2 and 7,f7 faculty development activities designed to promote the matriculation of ,native ,hawaiian students2 7#aj7 research and data collection activities to determine the educational status and needs of ,native ,hawaiian children and adults2 7#aa7 other research and evaluation activities related to programs carried out under this part2 and 7#ab7 other activities1 consistent with the purposes of this part1 to meet the educational needs of ,native ,hawaiian children and adults4 7d7 ,additional activities ,notwithstanding any other provision of this part1 funds made available to carry out this section as of the day before the date of enactment of the ,native ,hawaiian ,education ,act shall remain available until expended4 ,the ,secretary shall use such funds to support the following3 7#a7 ,the development of a body of ,native ,hawaiian law4 7#b7 ,the repair and renovation of public schools that serve high concentrations of ,native ,hawaiian students4 7#c7 ,the perpetuation of1 and expansion of access to1 ,hawaiian culture and history through digital archives4 7#d7 ,informal education programs that connect traditional ,hawaiian knowledge1 science1 astronomy1 and the environment through ,state museums or learning centers4 7#e7 ,public charter schools serving high concentrations of ,native ,hawaiian students4 7e7 ,administrative costs 7#a7 ,in general ,except as provided in paragraph 7#b71 not more than #e percent of funds provided to a recipient of a grant or contract under this section for any fiscal year may be used for administrative purposes4 7#b7 ,exception ,the ,secretary may waive the requirement of paragraph 7#a7 for a nonprofit entity that receives funding under this section and allow not more than #aj percent of funds provided to such nonprofit entity under this section for any fiscal year to be used for administrative purposes4 7f7 ,scholarship rule and conditions 7#a7 ,institutions outside ,hawaii ,the ,secretary shall not establish a policy under this section that prevents a ,native ,hawaiian student enrolled at a #b- or #d-year degree-granting institution of higher education outside of the ,state of ,hawaii from receiving a scholarship pursuant to subsection 7c77#i77;,a74 7#b7 ,scholarship conditions ,the ,secretary shall establish conditions for receipt of a scholarship awarded under subsection 7c77#i77;,a74 ,the conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services to the ,native ,hawaiian community1 either during the scholarship period or upon completion of a program of postsecondary education4 4 #f4 ,administrative provisions2 authorization of appropriations ,section #gbjf of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geaf7 is amended to read as follows3 #gbjf4 ,administrative provisions 7a7 ,application required ,no grant may be made under this part1 and no contract may be entered into under this part1 unless the entity seeking the grant or contract submits an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may determine to be necessary to carry out the provisions of this part4 7b7 ,direct grant applications ,the ,secretary shall provide a copy of all direct grant applications to the ,education ,council4 7c7 ,supplement not supplant 7#a7 ,in general ,except as provided in paragraph 7#b71 funds made available under this part shall be used to supplement1 and not supplant1 any ,state or local funds used to achieve the purposes of this part4 7#b7 ,exception ,paragraph 7#a7 shall not apply to any nonprofit entity or ,native ,hawaiian community-based organization that receives a grant or other funds under this part4 7d7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out this section1 and sections #gbjd and #gbje1 such sums as may be necessary for fiscal year #bjad and each of the #e succeeding fiscal years4 7#b7 ,reservation ,of the funds appropriated under this subsection1 the ,secretary shall reserve1 for each fiscal year after the date of enactment of the ,native ,hawaiian ,education ,act not less than #ejj1jjj for the grant to the ,education ,council under section #gbjd4 7#c7 ,availability ,funds appropriated under this subsection shall remain available until expended4 4 #g4 ,definitions ,section #gbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#f7 as paragraphs 7#b7 through 7#g71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as redesignated by paragraph 7#a77 the following3 7#a7 ,community consultation ,the term community consultation means a public gathering-- 7,a7 to discuss ,native ,hawaiian education concerns2 and 7,b7 about which the public has been given not less than #cj days notice4 4