,i #aafth ,,congress #ast ,session ,h4 ,r4 #dehf ,,in ,,the ,,house ,,of ,,representatives ,october #a1 #bjai,mr4 ,biggs 7for himself1 ,mr4 ,gosar1 ,mrs4 ,lesko1 ,mr4 ,schweikert1 and ,mr4 ,king of ,iowa7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,a ,,bill ,to expand opportunity for ,native ,american children through additional options in education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,native ,american ,education ,opportunity ,act4 #b4 ,native ,american education opportunity program 7a7 ,in general ,part ,b of title ,,xi of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjjj et seq47 is amended-- 7#a7 by redesignating section #aada as section #aadb2 and 7#b7 by inserting after section #aadj the following3 #aada4 ,funding of tribal-based education savings account programs 7a7 ,program authorized 7#a7 ,disbursements ,at the request of ,tribes1 the ,secretary of ,education shall1 for the #bjbj-bjba school year and each subsequent school year1 disburse amounts transferred under section #baja7;a77#b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffaa7;a77#b77 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 year1 in accordance with subsection 7b74 7#b7 ,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 #a1 #bjai4 7#c7 ,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 program4 7#d7 ,required use of funds ,funds disbursed to a ,tribe under this section shall be used to deposit #h1jjj each year in the ,tribal education savings accounts of ,,esa eligible students4 7#e7 ,permissible use of funds ,funds disbursed to a ,tribe under this section may be used for-- 7,a7 private tutoring1 including academic1 ,native language1 or cultural tutoring2 7,b7 costs of attendance at a private elementary school or secondary school recognized by the ,state1 which may include a private school that has a religious mission2 7,c7 private online learning programs2 7,d7 services provided by a public elementary school or secondary school attended by the child on a less than full-time basis1 including individual classes and extracurricular activities and programs2 7,e7 textbooks1 curriculum programs1 or other instructional materials1 including any supplemental materials required by a curriculum program1 private school1 private online learning program1 or a public school1 or any parent directed curriculum associated with ,k-#ab education2 7,f7 computer hardware or other technological devices that are used to help meet a student's educational needs1 except that such hardware or devices may not be purchased by a parent more than once in an #ah-month period2 7,g7 educational software and applications2 7,h7 uniforms purchased for attendance at a private school recognized by the ,state2 7,i7 fees for nationally standardized assessment exams1 advanced placement exams1 any exams related to college or university admission1 or tuition or fees for preparatory courses for such exams2 7,j7 fees for summer education programs and specialized after-school education programs 7but not including after-school childcare72 7,k7 educational services and therapies1 including occupational1 behavioral1 physical1 speech-language1 and audiology therapies2 7,l7 transportation to receive a service under paragraph 7#d72 7,m7 costs of attendance at an institution of higher education2 7,n7 costs associated with an apprenticeship or other vocational training program2 7,o7 fees for ,state-recognized industry certification exams1 and tuition or fees for preparatory courses for such exams2 7,p7 contributions to a college savings account1 which may include contributions to a qualified tuition program 7as defined in section #ebi7;b77#a77;,a7 of the ,internal ,revenue ,code of #aihf7 or other prepaid tuition plan offered by a ,state2 or 7,q7 any other educational expenses approved by the ,secretary4 7b7 ,disbursements 7#a7 ,annual disbursements ,a ,tribe that receives a disbursement amount under subsection 7a7 shall make semi-annual distributions of such amount to education savings accounts for ,,esa eligible students4 7#b7 ,limitation ,a ,tribe shall allocate not more than #e percent of the amount received per pupil under this section to the administration of the education savings account programs of the ,tribe4 7#c7 ,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 section4 7#d7 ,terminition and return of funds ,the ,tribal education savings account of a student shall terminate on-- 7,a7 the date on which the student enrolls in a public elementary school or secondary school on a full-time basis2 7,b7 in the case of a student who is pursuing postsecondary education1 the earlier of-- 7i7 the date on which the student completes postsecondary education2 or 7ii7 the date on which the student attains the age of #be years2 7,c7 in the case of a student who is an individual with a disability1 the date on which the student attains the age of #bf years2 or 7,d7 in the case of an individual not described in subparagraphs 7,b7 or 7,c71 the earlier of-- 7i7 the date on which the student attains the age of #be years2 or 7ii7 the expiration of any #b-year period during which funds in the account are not used in accordance with this section4 7c7 ,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 year4 7d7 ,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-- 7#a7 the child may not attend the public school free of charge2 and 7#b7 funds in the account1 in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned1 shall be used to pay for the child's costs of attendance at such school4 7e7 ,tribal consultation 7#a7 ,in general ,before providing educational services to ,,esa eligible students1 and on an annual basis thereafter1 a participating educational service provider shall engage in consultation with appropriate tribal officials before providing educational services to ,,esa eligible students4 7#b7 ,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 occurred4 ,if such officials do not provide such affirmation within a reasonable period of time1 the affected educational service provider shall forward documentation that such consultation has taken place to the ,bureau of ,indian ,education4 7#c7 ,rule of construction ,nothing in this section shall be construed to require the participating educational service provider to determine who are the appropriate officials4 7#d7 ,limitation ,consultation required under this section shall not interfere with the timely approval and operation of participating educational service providers4 7f7 ,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 services4 ,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 program4 7g7 ,termination ,the authority to carry out this section shall expire on the date that is #e years after the date of the enactment of this ,act4 7h7 ,definitions ,in this section3 7#a7 ,appropriate officials ,the term appropriate officials means-- 7,a7 tribal officials who are elected2 or 7,b7 appointed tribal leaders or officials designated in writing4 7#b7 ,educational service provider ,the term educational service provider means an educational service provider that has entered into an agreement with a ,tribe4 7#c7 ,,esa eligible student ,the term ,,esa eligible student means an individual who is-- 7,a7 an elementary school or secondary school ,tribal enrolled student who attended a school operated by the ,bureau of ,indian ,education in the semester preceding the date on which the student first applies for participation in an education savings account program2 or 7,b7 a child who-- 7i7 will be eligible to attend a school operated by the ,bureau of ,indian ,education for kindergarten or any other elementary school grade in the next semester that will start after the date on which the student first applies for participation in an education savings account program2 or 7ii7 will not be attending a school operated by the ,bureau of ,indian ,education1 receiving an education savings account from another ,tribe1 or attending a public elementary school or secondary school1 while the student is participating in an education savings account program of a ,tribe4 7#d7 ,education savings account program ,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 student4 7#e7 ,nonprofit entity defined ,in this paragraph1 the term nonprofit entity means an entity that is described in the section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7#f7 ,parent ,the term parent has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#g7 ,tribe ,the term ,tribe means any recognized ,indian tribe included on the current list published by the ,secretary under section #ajd of the ,federally ,recognized ,indian ,tribe ,act of #aiid 7#be ,u4,s4,c4 #eaca74 4 7b7 ,conforming amendment ,section #aabf7;c7 of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjjf7;c77 is amended by striking section #aada7ab7 and inserting section #aadb7ab74 #c4 ,amendments to the ,elementary and ,secondary ,education ,act of #aife ,section #baja7;a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffaa7;a77 is amended at the end by inserting the following new paragraph3 7#c7 one-half of one percent for ,tribes that administer education savings account programs under section #aada of part ,b of title ,,xi of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjjj et seq474 4 #d4 ,charter schools authorized 7a7 ,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 ,education4 7b7 ,use of bureau facilities ,tribes are authorized to use existing ,bureau of ,indian ,education facilities for the operation1 management1 and expansion of grades in ,bureau-funded charter schools1 as defined in section #d7;d77#a74 7c7 ,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 schools4 7d7 ,definitions ,in this section3 7#a7 ,bureau-funded charter school ,the term ,bureau-,funded ,charter ,school means a school that-- 7,a7 is approved by the ,tribal government where the school operates and is approved and funded by the ,bureau of ,indian ,education2 7,b7 is exempt from significant ,federal1 ,state1 or local rules that inhibit the flexible operation and management of ,bureau-funded schools1 but not from any rules relating to the other requirements of this paragraph2 7,c7 is created by a developer as a ,bureau-funded school1 or is adapted by a developer from an existing ,bureau-funded school2 7,d7 operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by each ,tribe served and the ,bureau of ,indian ,education2 7,e7 provides a program of elementary or secondary education1 or both2 7,f7 is not affiliated with a sectarian school or religious institution2 7,g7 does not charge tuition2 7,h7 complies with the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #faja et seq471 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq471 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 section #abcb;g of this title 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd71 and part ,b of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa et seq472 7,i7 is a school to which parents choose to send their children1 and that-- 7i7 admits students on the basis of a lottery1 consistent with section #dcjc7;c77#c77;,a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbba;b7c77#c77;,a771 if more students apply for admission than can be accommodated2 or 7ii7 automatically enrolls students who are enrolled in the immediate prior grade level of ,bureau-funded schools and1 for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school1 admits students on the basis of a lottery as described in clause 7i72 7,j7 agrees to comply with the same ,federal audit requirements as do other ,bureau-funded schools1 unless such ,federal audit requirements are waived by the ,bureau of ,indian ,education2 7,k7 meets all applicable ,federal health and safety requirements2 7,l7 operates in accordance with ,federal law2 7,m7 has a written performance contract with the ,bureau of ,indian ,education that includes a description of how student performance will be measured in charter schools pursuant to assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the ,bureau of ,indian ,education1 tribe7s7 served1 and the charter school2 and 7,n7 may serve students in early childhood education programs4 7#b7 ,developer ,the term developer means an individual or group of individuals 7including a public1 private1 or tribal nonprofit organization71 which may include teachers1 administrators and other school staff1 parents1 or other members of the local community in which a charter school project will be carried out4 #e4 ,,gao study ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a review of the implementation of the programs established by this ,act during the preceding #c-year period1 including any factors impacting increased participation in education savings account programs established pursuant to the amendments made by this ,act2 7#b7 submit a report describing the results of the review under paragraph 7#a7 to-- 7,a7 the ,committee on ,indian ,affairs of the ,senate2 and 7,b7 the ,subcommittee on ,indian1 ,insular and ,alaska ,native ,affairs of the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#c7 make the report described in paragraph 7#b7 publicly available4 #f4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 or an amendment made by this ,act1 or the application of such provision to other persons or circumstances1 shall not be affected4