SEC. 6003.
NATIVE HAWAIIAN EDUCATION
Section Summary
ESSA
SEC. 6003. NATIVE HAWAIIAN EDUCATION.
(a) Findings.--Section 6202 (20 U.S.C. 7512) (as redesignated by
section 6001) is amended by striking paragraphs (14) through (21).
(b) Native Hawaiian Education Council.--Section 6204 (20 U.S.C.
7514) (as redesignated by section 6001) is amended to read as follows:
``SEC. 6204. 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);
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``(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.
[[Page 129 STAT. 2065]]
``(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--
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``(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.''.
(c) Program Authorized.--Section 6205 (20 U.S.C. 7515) (as
redesignated by section 6001) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and''
after the semicolon;
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C) the
following:
``(D) charter schools; and'';
(B) in paragraph (3)--
(i) in subparagraph (C)--
(I) by striking ``third grade'' and
inserting ``grade 3''; and
(II) by striking ``fifth and sixth
grade'' and inserting ``grades 5 and
6'';
(ii) in subparagraph (D)(ii), by striking ``of
those students'' and inserting ``of such
students'';
(iii) in subparagraph (E)(ii), by striking
``students' educational progress'' and inserting
``educational progress of such students'';
(iv) in subparagraph (G)(ii), by striking
``concentrations'' and all that follows through
``; and'' and inserting ``high concentrations of
Native Hawaiian students to meet the unique needs
of such students; and''; and
(v) in subparagraph (H)--
(I) in the matter preceding clause
(i), by striking ``families'' and
inserting ``students, parents,
families,'';
(II) in clause (i), by striking
``preschool programs'' and inserting
``early childhood education programs'';
(III) by striking clause (ii) and
inserting the following:
``(ii) before, after, and summer school
programs, expanded learning time, or weekend
academies;''; and
(IV) in clause (iii), by striking
``vocational and adult education
programs'' and inserting ``career and
technical education programs''; and
(vi) by striking clauses (i) through (v) of
subparagraph (I) and inserting the following:
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``(i) family literacy services; and
``(ii) counseling, guidance, and support
services for students;''; and
(C) by striking paragraph (4); and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``such sums as may
be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years'' and inserting ``$32,397,000
for each of fiscal years 2017 through 2020''; and
(B) in paragraph (2), by striking ``for fiscal year
2002 and each of the 5 succeeding fiscal years'' and
inserting ``for each of fiscal years 2017 through
2020''.
(d) Definitions.--Section 6207 (20 U.S.C. 7517) (as redesignated by
section 6001) is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (2) through (7), respectively; and
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
``(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.''.
NCLB Text
``SEC. 7202. <<NOTE: 20 USC 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.
[[Page 115 STAT. 1933]]
``(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
[[Page 115 STAT. 1934]]
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 self-governance 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) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
``(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 Investment Act of 1998 (29
U.S.C. 2801 et seq.); and
``(I) the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.).
``(14) In 1981, Congress instructed the Office of Education
to submit to Congress a comprehensive report on Native Hawaiian
education. The report, entitled the `Native Hawaiian Educational
Assessment Project', was released in 1983 and
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documented that Native Hawaiians scored below parity with regard
to national norms on standardized achievement tests, were
disproportionately represented in many negative social and
physical statistics indicative of special educational needs, and
had educational needs that were related to their unique cultural
situation, such as different learning styles and low self-image.
``(15) In recognition of the educational needs of Native
Hawaiians, in 1988, Congress enacted title IV of the Augustus F.
Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988 (102 Stat. 130) to authorize and
develop supplemental educational programs to address the unique
conditions of Native Hawaiians.
``(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native Hawaiian
Educational Assessment Project, which found that despite the
successes of the programs established under title IV of the
Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988, many of the same
educational needs still existed for Native Hawaiians. Subsequent
reports by the Kamehameha Schools Bishop Estate and other
organizations have generally confirmed those findings. For
example--
``(A) educational risk factors continue to start
even before birth for many Native Hawaiian children,
including--
``(i) late or no prenatal care;
``(ii) high rates of births by Native Hawaiian
women who are unmarried; and
``(iii) high rates of births to teenage
parents;
``(B) Native Hawaiian students continue to begin
their school experience lagging behind other students in
terms of readiness factors such as vocabulary test
scores;
``(C) Native Hawaiian students continue to score
below national norms on standardized education
achievement tests at all grade levels;
``(D) 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 programs;
``(E) Native Hawaiian students continue to be
overrepresented among students qualifying for special
education programs provided to students with learning
disabilities, mild mental retardation, emotional
impairment, and other such disabilities;
``(F) Native Hawaiians continue to be
underrepresented in institutions of higher education and
among adults who have completed four or more years of
college;
``(G) Native Hawaiians continue to be
disproportionately represented in many negative social
and physical statistics indicative of special
educational needs, as demonstrated by the fact that--
``(i) Native Hawaiian students are more likely
to be retained in grade level and to be
excessively absent in secondary school;
[[Page 115 STAT. 1936]]
``(ii) Native Hawaiian students have the
highest rates of drug and alcohol use in the State
of Hawaii; and
``(iii) Native Hawaiian children continue to
be disproportionately victimized by child abuse
and neglect; and
``(H) Native Hawaiians now comprise over 23 percent
of the students served by the State of Hawaii Department
of Education, and there are and will continue to be
geographically rural, isolated areas with a high Native
Hawaiian population density.
``(17) In the 1998 National Assessment of Educational
Progress, Hawaiian fourth-graders ranked 39th among groups of
students from 39 States in reading. Given that Hawaiian students
rank among the lowest groups of students nationally in reading,
and that Native Hawaiian students rank the lowest among Hawaiian
students in reading, it is imperative that greater focus be
placed on beginning reading and early education and literacy in
Hawaii.
``(18) The findings described in paragraphs (16) and (17)
are inconsistent with the high rates of literacy and integration
of traditional culture and Western education historically
achieved by Native Hawaiians through a Hawaiian language-based
public school system established in 1840 by Kamehameha III.
``(19) Following the overthrow of the Kingdom of Hawaii in
1893, Hawaiian medium schools were banned. After annexation,
throughout the territorial and statehood period of Hawaii, and
until 1986, use of the Hawaiian language as an instructional
medium in education in public schools was declared unlawful. The
declaration caused incalculable harm to a culture that placed a
very high value on the power of language, as exemplified in the
traditional saying: `I ka `olelo no ke ola; I ka `olelo no ka
make. In the language rests life; In the language rests death.'.
``(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory and their cultural
identity in accordance with their own spiritual and traditional
beliefs, customs, practices, language, and social institutions.
``(21) The State of Hawaii, in the constitution and statutes
of the State of Hawaii--
``(A) reaffirms and protects the unique right of the
Native Hawaiian people to practice and perpetuate their
culture and religious customs, beliefs, practices, and
language;
``(B) recognizes the traditional language of the
Native Hawaiian people as an official language of the
State of Hawaii, which may be used as the language of
instruction for all subjects and grades in the public
school system; and
``(C) promotes the study of the Hawaiian culture,
language, and history by providing a Hawaiian education
program and using community expertise as a suitable and
essential means to further the program.
