Native American Education Opportunity Act
This bill, the Native American Education Opportunity Act, would create and fund Tribal Education Savings Account (ESA) programs and expand education options for Native American students. It would authorize Tribes to administer ESAs for eligible students, providing roughly $8,000 per year per eligible child to be used for a wide range of educational services and needs. The funds could be managed by the Tribe or a designated nonprofit, and could be used for things like private tutoring, private school tuition, online learning, educational materials, technology, higher education costs, apprenticeships, and more. The bill also includes a new mechanism to fund these programs through a small allocation within the Elementary and Secondary Education Act (ESEA) and adds a pathway for Bureau of Indian Education (BIE)–funded charter schools. A companion study by the GAO would evaluate implementation and participation, and the authority expires five years after enactment. In addition to the ESA provisions, the bill creates a framework for Bureau-funded charter schools, giving the BIE authority to approve and fund such schools and to use Bureau facilities for their operation, with specific criteria for accountability and nondiscrimination. The act also requires tribal consultation with appropriate officials before delivering services, and directs that ESA funds are treated as student aid (not income to parents or schools) for federal purposes. The bill would take effect in the 2025-2026 school year and would sunset five years after enactment unless extended.
Key Points
- 1Tribal Education Savings Account (ESA) program
- 2- Tribes may administer ESA programs and award grants to ESA accounts for eligible students, with about $8,000 deposited per eligible student each year.
- 3- Funds may be used for a broad set of educational needs (tutoring, private school costs, online learning, textbooks, devices, therapies, transportation, apprenticeship, college costs, and more), including some private/religious options.
- 4- Tribes may contract with a nonprofit entity to administer these accounts.
- 5- Funds roll over if not spent; accounts terminate on specified events (e.g., full-time public school enrollment, completion of postsecondary education, age limits, or after 2 years of inactivity in some cases).
- 6- “ESA eligible student” includes children who previously or will soon attend Bureau of Indian Education schools or who participate in a Tribe’s ESA program.
- 7Funding and administration details
- 8- A new paragraph in ESEA 2101(a) would allocate 0.5% of funds to Tribes administering ESA programs.
- 9- Annual (semi-annual) disbursements to ESAs; limit of 5% of per-pupil funds for administrative costs.
- 10- Disbursements and uses are subject to rules and approvals set by the Secretary (Education) and the Secretary of the Interior, with tribal consultation required.
- 11- Funds are not treated as parental or student income for federal tax or program eligibility purposes; grants are considered assistance to the student.
- 12State attendance and access rules
- 13- States receiving ESA funds must consider a Tribal ESA student as meeting that school year’s compulsory attendance requirements.
- 14- If a child attends public school part-time, the child cannot attend free of charge; ESA funds may be used to cover attendance costs per a local agreement.
- 15Tribal consultation and oversight
- 16- Educational service providers must consult with appropriate Tribal officials before delivering services and annually thereafter.
- 17- Tribes or approved Tribal organizations must affirm consultation with the Bureau of Indian Education; documentation may be shared with the BIE if officials do not respond.
- 18Bureau-funded charter schools
- 19- The BIE can approve and fund Bureau-Funded Charter Schools (BIE-funded schools operated under tribal oversight).
- 20- Tribes may use BIE facilities and funds may be used to subcontract with Tribal organizations to manage these schools.
- 21- Requirements include nonsectarian status, no tuition, compliance with federal civil rights and disability laws, lottery admissions (if demand exceeds capacity), audits, health and safety standards, and a written performance contract with the BIE.
- 22- Developers can be individuals or groups (including Tribal nonprofits) and may include community members.
- 23GAO study and sunset
- 24- The Comptroller General must study implementation and participation within three years, and report findings to relevant Senate and House committees, with a public release.
- 25- The authority to carry out these provisions expires five years after enactment unless extended.
- 26Miscellaneous
- 27- Several definitional provisions clarify terms like “ESA eligible student,” “education savings account program,” “educational service provider,” and “Tribe.”