2022 NIEA Legislative Review

January 3, 2023 marked the conclusion of the 117th U.S. Congress. During 2022, Congress passed several education-related bills that included two major legislative wins for Native Languages and a historic Omnibus Spending Package for Indian Country. NIEA applauds the 117th Congress for its leadership and support of American Indian, Alaska Native, and Native Hawaiian students. NIEA looks forward to continuing to strengthen partnerships and working closely with the leadership of the 118th U.S. Congress. 

 

Fiscal Year 2023 Omnibus Spending Package

On December 29, 2022 President Biden signed H.R. 2617 - the Consolidated Appropriations Act, 2023 into law. This legislation provides for the government to be funded through September 30, 2023. H.R. included $3.842 billion for the Bureau of Indian Education and the Bureau of Indian Affairs alongside an historic provision ensuring advance appropriations for the Indian Health Service. 

 

    • Provides $1.1 billion for the Operation of Indian Education Programs including $706 million for K-12 programs, a 10.5% increase over fiscal year 2022.

    • Provides $481 million for ISEP formula funds, a 9.2% increase over fiscal year 2022.

    • Provides $2.1 million in new funding for teacher recruitment and retention programs at the BIE.

    • Provides $2 million in new funding for language immersion grants at BIE-funded schools.

    • Provides $80.8 million for K-12 facilities operations, which represents a 15.2% increase over fiscal year 2022 and a $4 million increase over the President’s Budget Request.

    • Provides $73.5 million for K-12 facilities maintenance, which represents a 17.8% increase over fiscal year 2022 and a $4 million increase over the President’s Budget Request.

    • Provides $267.8 million for education construction.

    • Provides $21.5 million for Johnson O’ Malley Programs.

    • Provides $27.9 million for Education Information Technology.

    • Provides $8 million for the TCU Head Start Partnership Program under the Administration for Children and Families (ACF).

    • Provides $15 million for Native American language preservation activities under the Administration for Native Americans. This includes at least $6 million for language immersion programs under the Esther Martinez Native American Language Preservation Act.

    • Provides $1.6 billion for National Impact Aid.

    • Provides $72 million for Special Programs for Indian Children, which authorizes grants to increase educational opportunities for AI/AN students and for training and support for AI/ANs in teaching and other education professions.

    • Provides $2.7 million for demonstration grants for Indian children and youth and for a teacher retention-initiative to address the shortage of American Indian and Alaska Native educators. This funding will also support teacher leadership models to increase the retention of effective, experienced Native American teachers.

    • Provides $12.3 million for Indian Education National Activities which includes a $3 million increase to specifically support new awards under the Native American Language Immersion competition for both new and existing immersion programs. These funds will also support the most extensive possible geographical distribution and language diversity.

    • Provides at least $1.5 million to establish a Native American Language Resource Center program under the Department of Education to support American Indian, Alaska Native, and Native Hawaiian language activities.

    • Provides $44.8 million for Education for Native Hawaiians, a 17.9% increase over fiscal year 2022. This includes at least $10 million for construction, renovation, and modernization of K-12 public schools which serve a predominantly Native Hawaiian student body.

    • Provides $44.9 for Alaska Native Education, a 18.4% increase over fiscal year 2022.

 

NIEA applauds the U.S. Congress for working to provide critical funding increases to support Native Education. We continue to encourage the federal government to live up to its trust and treaty responsibilities by adequately supporting quality education for Native people and strengthening tribal self-determination in education.

One positive signal NIEA and all Indian Country saw in the FY 2023 Omnibus was the inclusion of Advance Appropriations for Indian Health Service. This provision ensures stable funding for the most critical providers for Native communities. Advance Appropriations will protect Indian Country’s healthcare system from the harmful effects of government shutdowns. 

NIEA is heartened to see Congress upholding the federal trust and treaty responsibility for health care, and applauds the tireless work of our congressional champions, the Administration, and the continual advocacy of the National Indian Health Board, the National Council of Urban Indian Health, and the National Congress of American Indians, alongside tribes, tribal organizations, and urban Indian organizations. 

We will continue to work with congressional appropriators and the Administration to ensure the federal trust and treaty responsibility is upheld across the federal government. We continue to be aware that it is not just health providers that are at risk during a government shutdown. Any breakdown in critical resources is a failure of the promises guaranteed to Indian Country in exchange for the loss of life,land, and resources. NIEA anticipates continuing to work with the federal government to support America’s most vulnerable children by ensuring they have the access to educational resources that they deserve.

 

  • On January 5, 2023, President Biden signed two key Native Language preservation bills into law. S. 989 - the Native American Language Resource Center Act and S. 1402 - the Durbin Feeling Native Languages Act. NIEA is heartened to see Congress’ commitment to increased resources for Native languages and applauds the leadership of Senator Schatz, Senator Murkowski, Senator Smith, and the late Representative Don Young.

    The Native American Language Resource Center Act directs the Department of Education to establish a Native American Language Resource Center (Resource Center) Program, including $3 million each fiscal year for the establishment and operations of Resource Centers. These Resource Centers will support American Indian, Alaska Native, and Native Hawaiian languages through increasing language education capacity, language use, and protection. Resource Centers can also encourage and support Native language education within State and local education systems; develop curriculum and educational outcome metrics; offer educator support including pedagogies, best practices, and pathways to teacher certifications; and provide technical assistance and operational support to Native language programs.

    The Durbin Feeling Native Languages Act authorizes a federal survey of Native language use and the unmet needs of language-revitalization programs every five years by the Administration for Native Americans (ANA). S. 1402 also requires ANA to make recommendations to improve interagency coordination in support of Native languages. The surveys will allow Native communities and Congress to improve targeting of federal resources for Native languages in the future.

  • S. 2089 – the Keep Kids Fed Act of 2022 On January 18, 2022, the U.S. Congress passed the Keep Kids Fed Act which increases funding and flexibility for communities to provide children healthy meals in Summer 2022. This bill would also provide support to schools and daycare providers to respond to supply chain challenges and the high cost of food for the next school year by increasing the reimbursement rate for school breakfasts, lunches, and snacks under the school meal program. The Keep Kids Fed Act will require USDA to ensure that technical assistance is provided to states and school food authorities for assisting parent and school leaders with transitioning to the operation of school meal programs without certain waivers.

    S. 2959 – Supplemental Impact Aid Flexibility Act On January 18, 2022, the U.S. Congress passed the Supplemental Impact Aid Flexibility Act which revises the Impact Aid program application process for FY2023 and will require local educational agencies (LEAs) participating in the program to use student count or federal property valuation data from the FY2022 program applications for the FY2023 program applications.

    S. 1543 – the STANDUP Act of 2021On February 28, 2022, the U.S. Congress passed the STANDUP Act which provides suicide training and provides state, Tribal, and local education agencies with grant funding for priority mental health needs and to establish and implement evidence-based suicide awareness and prevention training policies. The Substance Abuse and Mental Health Services Administration (SAHMSA), Department of Education, and Bureau of Indian Education will provide educational agencies with best practices for these trainings.

    S. 789 – Repealing Existing Substandard Provisions Encouraging Conciliation with Tribes Act (RESPECT Act) On December 14, 2022, the U.S. Congress Passed S.789 - the RESPECT Act which repealed provisions related to hostility, alcohol, work requirements, penalties for truancy, and placement of youth in reform schools without the consent of a parent or guardian.

 

NIEA Contact Info: Julia Wakeford - Policy Director, jwakeford@niea.org; Shanise Ka’aikala - Legislative Analyst, skaaikala@niea.org; Terance Fields - Interior and Tribal Policy Associate, tfields@niea.org