H.R. 84 — Native American Education Opportunity Act

This section establishes a Tribal-based education savings account program (inserting new section 1141 into part B of title XI of the Education Amendments of 1978, 25 U.S.C. 2000 et seq.). At a Tribe's request, for the 2025-2026 school year and subsequent years, the Secretaries of Education and the Interior must disburse to the Tribe amounts transferred under ESEA §2101(a)(2) and (3) (20 U.S.C. 6611(a)(2), (3))—reservations of 0.5% of title II-A appropriations each for outlying areas and Bureau of Indian Education (BIE) programs in schools operated or funded by the BIE—for grants to ESAs of eligible enrolled Tribal members applying on or after January 1, 2025, without a high school diploma. Tribes must deposit $8,000 annually per such student into ESAs for required educational uses and may permit funds for additional expenses such as (1) private tutoring, including Native language or cultural; (2) private elementary/secondary school costs, including religious schools; (3) online programs; (4) part-time public school services; (5) therapies; or (6) postsecondary, vocational, or college savings costs. Tribes administer via semi-annual disbursements (up to 5% per pupil for administration), with rollovers of unused funds until termination upon full-time public enrollment, age 25 (or 26 for students with disabilities), or two years' inactivity; ESA students meet state compulsory attendance requirements, but part-time public enrollment requires payment of fees from ESA funds per parent-LEA agreement.

This section establishes a new reservation of one-half of 1 percent (0.5%) of funds appropriated under ESEA Title II-A for Supporting Effective Instruction State Grants (20 U.S.C. 6603(a))—in addition to the existing 1 percent reservations for outlying areas and Bureau of Indian Education programs—for Tribes that administer education savings account programs under section 1141 of part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.). (Thus, total reservations increase to 1.5 percent from 1 percent, reducing funds available for state allotments.)

This section authorizes the Bureau of Indian Education (BIE) to approve and fund Bureau-Funded Charter Schools—defined as BIE-approved schools exempt from significant rules inhibiting flexible operation (but complying with specified federal civil rights, privacy, disability, health, safety, and audit laws), operating under performance contracts with defined educational objectives agreed to by tribes and BIE, admitting students via lottery if oversubscribed (consistent with existing charter school program requirements), and potentially serving early childhood—at any BIE-operated or funded school. It further (1) authorizes tribes to use existing BIE facilities for operating, managing, and expanding such schools; and (2) permits funds dispersed to tribes under this section to support subcontracts with tribal organizations or developers (i.e., individuals or groups, potentially including teachers, parents, or community members) to manage or operate the schools.

This section directs the Comptroller General of the United States to conduct a review, not later than three years after enactment, of the implementation of programs established by this Act during the preceding three-year period—including factors impacting increased participation in education savings account programs amended by this Act—and to submit a report on the review to the Senate Committee on Indian Affairs and the House Committee on Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs, while making the report publicly available.

This section includes a severability clause, stating that the invalidation of any provision of the Act, any amendment made by the Act, or its application to any person or circumstance does not affect the remainder of the Act or its application to other persons or circumstances.