Elementary and Secondary Education Act of 1965
[As Amended Through P.L. 114–95, Enacted December 10, 2015]
TITLE VI—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
PART B—NATIVE HAWAIIAN EDUCATION
Sec. 6201. Short title.
Sec. 6202. Findings.
Sec. 6203. Purposes.
Sec. 6204. Native Hawaiian Education Council.
Sec. 6205. Program authorized.
Sec. 6206. Administrative provisions.
Sec. 6207. Definitions.
SEC. 6201. [20 U.S.C. 7511] SHORT TITLE.
This part may be cited as the ‘‘Native Hawaiian Education Act’’.
SEC. 6202. [20 U.S.C. 7512] FINDINGS.
Congress finds the following:
(1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, Britain, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation.
(2) At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient subsistence social system based on a communal land tenure system with a sophisticated language, culture, and religion.
(3) A unified monarchal government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii.
(4) From 1826 until 1893, the United States recognized the sovereignty and independence of the Kingdom of Hawaii, which was established in 1810 under Kamehameha I, extended full and complete diplomatic recognition to the Kingdom of Hawaii, and entered into treaties and conventions with the Kingdom of Hawaii to govern friendship, commerce and navigation in 1826, 1842, 1849, 1875, and 1887.
(5) In 1893, the sovereign, independent, internationally recognized, and indigenous government of Hawaii, the Kingdom of Hawaii, was overthrown by a small group of non-Hawaiians, including United States citizens, who were assisted in their efforts by the United States Minister, a United States naval representative, and armed naval forces of the United States. Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawaii, in 1993 the United States apologized to Native Hawaiians for the overthrow and the deprivation of the rights of Native Hawaiians to self-determination through Public Law 103–150 (107 Stat. 1510).
(6) In 1898, the joint resolution entitled ‘‘Joint Resolution to provide for annexing the Hawaiian Islands to the United States’’, approved July 7, 1898 (30 Stat. 750), ceded absolute title of all lands held by the Republic of Hawaii, including the government and crown lands of the former Kingdom of Hawaii, to the United States, but mandated that revenue generated from the lands be used ‘‘solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes’’.
(7) By 1919, the Native Hawaiian population had declined from an estimated 1,000,000 in 1778 to an alarming 22,600, and in recognition of this severe decline, Congress enacted the Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which designated approximately 200,000 acres of ceded public lands for homesteading by Native Hawaiians.
(8) Through the enactment of the Hawaiian Homes Commission Act, 1920, Congress affirmed the special relationship between the United States and the Native Hawaiians, which was described by then Secretary of the Interior Franklin K. Lane, who said: ‘‘One thing that impressed me… was the fact that the natives of the island who are our wards, I should say, and for whom in a sense we are trustees, are falling off rapidly in numbers and many of them are in poverty.’’.
(9) In 1938, Congress again acknowledged the unique status of the Hawaiian people by including in the Act of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b, 392c, 396, 396a), a provision to lease lands within the National Parks extension to Native Hawaiians and to permit fishing in the area ‘‘only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance.’’.
(10) Under the Act entitled ‘‘An Act to provide for the admission of the State of Hawaii into the Union’’, approved March 18, 1959 (73 Stat. 4), the United States transferred responsibility for the administration of the Hawaiian Home Lands to the State of Hawaii but reaffirmed the trust relationship between the United States and the Hawaiian people by retaining the exclusive power to enforce the trust, including the power to approve land exchanges and amendments to such Act affecting the rights of beneficiaries under such Act.
(11) In 1959, under the Act entitled ‘‘An Act to provide for the admission of the State of Hawaii into the Union’’, the United States also ceded to the State of Hawaii title to the public lands formerly held by the United States, but mandated that such lands be held by the State ‘‘in public trust’’ and reaffirmed the special relationship that existed between the United States and the Hawaiian people by retaining the legal responsibility to enforce the public trust responsibility of the State of Hawaii for the betterment of the conditions of Native Hawaiians, as defined in section 201(a) of the Hawaiian Homes Commission Act, 1920.
(12) The United States has recognized and reaffirmed that—
(A) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sovereign lands;
(B) Congress does not extend services to Native Hawaiians because of their race, but because of their unique status as the indigenous people of a once sovereign nation as to whom the United States has established a trust relationship;
(C) Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the State of Hawaii;
(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; and
(E) the aboriginal, indigenous people of the United States have—
(i) a continuing right to autonomy in their internal affairs; and
(ii) an ongoing right of self-determination and selfgovernance that has never been extinguished.
(13) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in—
(A) the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.);
(B) the American Indian Religious Freedom Act (42 U.S.C. 1996);
(C) the National Museum of the American Indian Act (20 U.S.C. 80q et seq.);
(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);
(E) division A of subtitle III of title 54, United States Code;
(F) the Native American Languages Act (25 U.S.C. 2901 et seq.);
(G) the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.);
(H) the Workforce Innovation and Opportunity Act; and
(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).
SEC. 6203. [20 U.S.C. 7513] PURPOSES.
The purposes of this part are to—
(1) authorize and develop innovative educational programs to assist Native Hawaiians;
(2) provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on Native Hawaiian education, and to provide periodic assessment and data collection;
(3) supplement and expand programs and authorities in the area of education to further the purposes of this title; and
(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs.
SEC. 6204. [20 U.S.C. 7514] NATIVE HAWAIIAN EDUCATION COUNCIL.
(a) 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 Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to the education council described under subsection (b).
(b) EDUCATION COUNCIL.—
(1) ELIGIBILITY.—To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the ‘‘Education Council’’) that meets the requirements of this subsection.
(2) COMPOSITION.—The Education Council shall consist of 15 members, of whom—
(A) 1 shall be the President of the University of Hawaii (or a designee);
(B) 1 shall be the Governor of the State of Hawaii (or a designee);
(C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee);
(D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee);
(E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee);
(F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee);
(G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee);
(H) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who represent one or more private grant-making entities that is submitted to the Secretary by the Education Council;
(I) 1 shall be the Mayor of the County of Hawaii (or a designee);
(J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui);
(K) 1 shall be the Mayor of the County of Kauai (or a designee);
(L) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who are from the Island of Molokai or the Island of Lanai that is submitted to the Secretary by the Mayor of Maui County;
(M) 1 shall be the Mayor of the City and County of Honolulu (or a designee);
(N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and
(O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector).
(3) REQUIREMENTS.—Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration.
(4) LIMITATION.—A member (including a designee), while serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under this part.
(5) TERM OF MEMBERS.—A member who is a designee shall serve for a term of not more than 4 years.
(6) CHAIR; VICE CHAIR.—
(A) SELECTION.—The Education Council shall select a Chairperson and a Vice Chairperson from among the members of the Education Council.
(B) TERM LIMITS.—The Chairperson and Vice Chairperson shall each serve for a 2-year term.
(7) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION COUNCIL.—The Education Council shall meet at the call of the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days.
(8) 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 Council, for functions described in this section.
(c) USE OF FUNDS FOR COORDINATION ACTIVITIES.—The Education Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities:
(1) Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part.
(2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education.
(3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity.
(4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3).
(5) Hiring an executive director, who shall assist in executing the duties and powers of the Education Council, as described in subsection (d).
(d) USE OF FUNDS FOR TECHNICAL ASSISTANCE.—The Education Council shall use funds made available through a grant under subsection (a) to—
(1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part;
(2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about—
(A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and
(B) the effectiveness of such grantees in carrying out any of the activities described in paragraph (3) of section 6205(a) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these goals and purposes;
(3) assess and define the educational needs of Native Hawaiians;
(4) assess the programs and services available to address the educational needs of Native Hawaiians;
(5) 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 part, using metrics related to these goals; and
(6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains—
(A) a description of the activities of the Education Council during the calendar year;
(B) a description of significant barriers to achieving the goals of this part;
(C) a summary of each community consultation session described in subsection (e); and
(D) recommendations to establish priorities for funding under this part, based on an assessment of—
(i) the educational needs of Native Hawaiians;
(ii) programs and services available to address such needs;
(iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State academic standards under section 1111(b)(1); and
(iv) priorities for funding in specific geographic communities.
(e) USE OF FUNDS FOR COMMUNITY CONSULTATIONS.—The Education Council shall use funds made available through the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which—
(1) not fewer than 3 members of the Education Council shall be in attendance;
(2) the Education Council shall gather community input regarding—
(A) current grantees under this part, as of the date of the consultation;
(B) priorities and needs of Native Hawaiians; and
(C) other Native Hawaiian education issues; and
(3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part.
(f) FUNDING.—For each fiscal year, the Secretary shall use the amount described in section 6205(c)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended.
SEC. 6205. [20 U.S.C. 7515] PROGRAM AUTHORIZED.
(a) GENERAL AUTHORITY.—
(1) GRANTS AND CONTRACTS.—The Secretary is authorized to make direct grants to, or enter into contracts with—
(A) Native Hawaiian educational organizations;
(B) Native Hawaiian community-based organizations;
(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language;
(D) charter schools; and
(E) consortia of the organizations, agencies, and institutions described in subparagraphs (A) through (C), to carry out programs that meet the purposes of this part.
(2) PRIORITIES.—In awarding grants or contracts to carry out activities described in paragraph (3), the Secretary shall give priority to entities proposing projects that are designed to address—
(A) beginning reading and literacy among students in kindergarten through third grade;
(B) the needs of at-risk children and youth;
(C) needs in fields or disciplines in which Native Hawaiians are underemployed; and
(D) the use of the Hawaiian language in instruction.
(3) AUTHORIZED ACTIVITIES.—Activities provided through programs carried out under this part may include—
(A) the development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children from the prenatal period of the children through age 5;
(B) the operation of family-based education centers that provide such services as—
(i) programs for Native Hawaiian parents and their infants from the prenatal period of the infants through age 3;
(ii) preschool programs for Native Hawaiians; and
(iii) research on, and development and assessment of, family-based, early childhood, and preschool programs for Native Hawaiians;
(C) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6;
(D) activities to meet the special needs of Native Hawaiian students with disabilities, including—
(i) the identification of such students and their needs;
(ii) the provision of support services to the families of such students; and
(iii) other activities consistent with the requirements of the Individuals with Disabilities Education Act;
(E) activities that address the special needs of Native Hawaiian students who are gifted and talented, including—
(i) educational, psychological, and developmental activities designed to assist in the educational progress of those students; and
(ii) activities that involve the parents of those students in a manner designed to assist in the educational progress of such students;
(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children and adults, including curriculum materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture;
(G) professional development activities for educators, including—
(i) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions;
(ii) 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 students; and
(iii) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers;
(H) the operation of community-based learning centers that address the needs of Native Hawaiian students, parents, families, and communities through the coordination of public and private programs and services, including—
(i) early childhood education programs;
(ii) before, after, and summer school programs, expanded learning time, or weekend academies;
(iii) career and technical education programs; and
(iv) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors;
(I) activities, including program co-location, to enable Native Hawaiians to enter and complete programs of postsecondary education, including—
(i) family literacy services; and
(ii) counseling, guidance, and support services for students;
(J) research and data collection activities to determine the educational status and needs of Native Hawaiian children and adults;
(K) other research and evaluation activities related to programs carried out under this part; and
(L) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults.
(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of funds provided to a recipient of a grant or contract under subsection (a) for any fiscal year may be used for administrative purposes.
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated to carry out this section and section 6204 $32,397,000 for each of fiscal years 2017 through 2020.
(2) RESERVATION.—Of the funds appropriated under this subsection, the Secretary shall reserve $500,000 for each of fiscal years 2017 through 2020 to make a direct grant to the Education Council to carry out section 6204.
(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.
SEC. 6206. [20 U.S.C. 7516] 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 at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this part.
(b) SPECIAL RULE.—Each applicant for a grant or contract under this part shall submit the application for comment to the local educational agency serving students who will participate in the program to be carried out under the grant or contract, and include those comments, if any, with the application to the Secretary.
SEC. 6207. [20 U.S.C. 7517] DEFINITIONS.
In this part:
(1) COMMUNITY CONSULTATION.—The term ‘‘community consultation’’ means a public gathering—
(A) to discuss Native Hawaiian education concerns; and
(B) about which the public has been given not less than 30 days notice.
(2) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or
(iii) certified birth records.
(3) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.— The term ‘‘Native Hawaiian community-based organization’’ means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.
(4) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The term ‘‘Native Hawaiian educational organization’’ means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organization;
(C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;
(D) has demonstrated expertise in the education of Native Hawaiian youth; and
(E) has demonstrated expertise in research and program development.
(5) NATIVE HAWAIIAN LANGUAGE.—The term ‘‘Native Hawaiian language’’ means the single Native American language indigenous to the original inhabitants of the State of Hawaii.
(6) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native Hawaiian organization’’ means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organization; and
(C) is recognized by the Governor of Hawaii for the purpose of planning, conducting, or administering programs (or portions of programs) for the benefit of Native Hawaiians.
(7) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘‘Office of Hawaiian Affairs’’ means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.