PolicyBrief
H.R. 84
119th CongressJan 3rd 2025
Native American Education Opportunity Act
IN COMMITTEE

The Native American Education Opportunity Act establishes education savings accounts for Native American students, authorizes charter schools within the Bureau of Indian Education system, and requires a GAO study on the implementation of these programs.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

Native American Education Opportunity Act: $8,000 for Private Schooling, New Charter Schools, Starting 2025

The Native American Education Opportunity Act is shaking things up by creating education savings accounts (ESAs) for Native American students and authorizing new charter schools within the Bureau of Indian Education (BIE) system. It's a big shift, so let's break down what it means.

Cash for Education

Starting in the 2025-2026 school year, this Act lets Tribes set up ESAs for eligible students. Think of it like a dedicated education fund: $8,000 per year, per student, deposited directly into these accounts (SEC. 2). Families can then use this money for a wide range of educational expenses outside the traditional public school system. We're talking private school tuition, tutoring (including Native language and cultural instruction), online learning programs, textbooks, even tech devices (limited to one every 18 months) (SEC. 2). It can even cover things like summer school, after-school programs, and educational therapies.

For example, a family in rural Arizona could use the ESA funds to pay for their child to attend a private school that better meets their needs, or a student in Oklahoma could use the funds for specialized tutoring in their native language. A high schooler prepping for college could use the funds for test prep courses or even college application fees. Tribes get to manage these programs, and they can partner with nonprofits to help run things, but they can only use up to 5% of the funds per student for administrative costs (SEC. 2).

New School Options on the Reservation

The Act also allows the Bureau of Indian Education to authorize and fund charter schools at any school they operate or fund (SEC. 4). This opens the door for more school choice on reservations. Tribes can even use existing BIE facilities to house these new charter schools, and they can contract with Tribal organizations or outside developers to manage them. These charter schools have some flexibility from certain regulations, but they still have to follow rules about civil rights, disabilities, and student privacy (SEC. 4). Imagine a Tribe partnering with educators to create a school focused on STEM education, or a school that deeply integrates Native language and culture into its curriculum – that's the kind of innovation this section aims to encourage. A key requirement is that these charter schools can't be religious and can't charge tuition (SEC. 4).

The Fine Print and Potential Challenges

While the Act offers new opportunities, it's important to note a few things. First, the ESA program is set to expire after five years (SEC. 2). That creates a bit of uncertainty about the long-term future of these educational options. Second, while the Act aims to empower Tribal control over education, there's also a requirement for the Government Accountability Office (GAO) to study the program's implementation within three years (SEC. 5). The GAO will need to make this report public. This kind of oversight is standard, but it highlights the need to carefully monitor how the program is working in practice.

It is also important to note how this fits in with existing laws. This Act amends the Elementary and Secondary Education Act of 1965, specifically allocating one-half of one percent of funds for Tribes that manage education savings account programs (SEC. 3). This means that there is potential for funds to be diverted from other programs, and this is something that will need to be watched closely. Finally, any unused funds in a student's ESA stay in the account for future use, but the account closes when a student enrolls in public school full-time, finishes postsecondary education, or reaches a certain age (25, or 26 for individuals with disabilities) (SEC. 2).