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Appendix D: Title I Native American Languages Act
PUBLIC LAW 101-477 - October. 30, 1990
SHORT
TITLE
SEC.
101. This title may be cited as the "Native American Languages
Act".
FINDINGS
SEC.
102. The Congress finds that--
(1) the status of the cultures and languages of native Americans
is unique and the United States has the responsibility to act
together with Native Americans to ensure the survival of these
unique cultures and languages;
(2) special status is accorded Native Americans in the United
States, a status that recognizes distinct cultural and political
rights, including the right to continue separate identities;
(3) the traditional languages of native Americans are an integral
part of their cultures and identities and form the basic medium
for the transmission, and thus survival, of Native American cultures,
literatures, histories, religions, political institutions, and
values;
(4) there is a widespread practice of treating Native Americans
languages as if they were anachronisms;
(5) there is a lack of clear, comprehensive, and consistent Federal
policy on treatment of Native American languages which has often
resulted in acts of suppression and extermination of Native American
languages and cultures;
(6) there is convincing evidence that student achievement and
performance, community and school pride, and educational opportunity
is clearly and directly tied to respect for, and support of, the
first language of the child or student;
(7) it is clearly in the interests of the United States, individual
States, and territories to encourage the full academic and human
potential achievements of all students and citizens and to take
steps to realize these ends;
(8) acts of suppression and extermination directed against Native
American languages and cultures are in conflict with the United
States policy of self-determination for Native Americans;
(9) languages are the means of communication for the full range
of human experiences and are critical to the survival of cultural
and political integrity of any people; and
(10) language provides a direct and powerful means of promoting
international communication by people who share languages.
DEFINITIONS
SEC.
103. For purposes of this title--
(1) The term "Native American" means an Indian, Native
Hawaiian, or Native American Pacific Islander.
(2) The term "Indian" has the meaning given to such
term under section 5351(4) of the Indian Education Act of 1988
(25 U.S.C. 2651(4)).
(3) The term "Native Hawaiian" has the meaning given
to such term by section 4009 of Public Law 100-297 (20 U.S.C.
4909).
(4) The term "Native American Pacific Islander" means
any descendant of the aboriginal people of any island in the Pacific
Ocean that is a territory or possession of the United States.
(5) The terms "Indian tribe" and "tribal organization"
have the respective meaning given to each of such terms under
section 4 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(6) The term "Native American language" means the historical,
traditional languages spoken by Native Americans.
(7) The term "traditional leaders" includes Native Americans
who have special expertise in Native American culture and Native
American languages.
(8) The term "Indian reservation" has the same meaning
given to the term "reservation" under section 3 of the
Indian Financing Act of 1974 (25 U.S.C. 1452).
DECLARATION
OF POLICY
SEC.
104. It is the policy of the United States to--
(1) preserve, protect, and promote the rights and freedom of Native
Americans to use, practice, and develop Native American languages;
(2) allow exceptions to teacher certification requirements for
Federal programs, and programs funded in whole or in part by the
Federal Government, for instruction in Native American languages
when such teacher certification requirements hinder the employment
of qualified teachers who teach in Native American languages,
and to encourage State and territorial governments to make similar
exceptions;
(3) encourage and support the use of Native American languages as
a medium of instruction in order to encourage and support
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Native American language survival,
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educational opportunity,
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increased student success and performance,
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increased student awareness and knowledge of their culture and
history, and
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increased student and community pride;
(4) encourage State and local education programs to work with
Native American parents, educator, Indian tribes, and other Native
American governing bodies in the implementation of programs to
put this policy into effect;
(5) recognize the right of Indian tribes and other Native American
governing bodies to use the Native American languages as a medium
of instruction in all schools funded by the Secretary of the Interior;
(6) fully recognize the inherent right of Indian tribes and other
Native American governing bodies, States, territories, and possessions
of the United States to take action on, and give official status
to, their Native American languages for the purpose of conducting
their own business;
(7) support the granting of comparable proficiency achieved through
course work in a Native American language the same academic credit
as comparable proficiency achieved through course work in a foreign
language, with recognition of such Native American language proficiency
by institutions of higher education as fulfilling foreign language
entrance or degree requirements; and
(8) encourage all institutions of elementary, secondary and higher
education, where appropriate, to include Native American languages
in the curriculum in the same manner as foreign languages and
to grant proficiency in Native American languages the same full
academic credit as proficiency in foreign languages.
NO
RESTRICTIONS
SEC.
105. The right of Native Americans to express themselves through
the use of Native American languages shall not be restricted in
any public proceeding, including publicly supported education
programs.
EVALUATIONS
Sec.
106. (a) The President shall direct the heads of the various Federal
departments, agencies, and instrumentalities to
(1) Evaluate their policies and procedures in consultation with
Indian tribes and other Native American governing bodies as well
as traditional leaders and educators in order to determine and
implement changes needed to bring the policies and procedures
into compliance with the provisions of this title;
(2) give the greatest effect possible in making such evaluations,
absent a clear specific Federal statutory requirement to the contrary,
to the policies and procedures which will give the broadest effect
to the provisions of this title; and
(3) evaluate the laws which they administer and make recommendations
to the President on amendments needed to bring such laws into
compliance with the provisions of this title.
Sec.
106, (b) By no later than the date that is 1 year after the date
of enactment of this title, the President shall submit to the
Congress a report containing recommendations for amendments to
Federal laws that are needed to bring such laws into compliance
with the provisions of this title.
USE
OF ENGLISH
Sec.
107. Nothing in this title shall be construed as precluding the
use of Federal funds to teach English to Native Americans.
Approved
October 30, 1990.
Source:
Cantoni, G. (Ed.) (1996). Stabilizing Indigenous Languages. Flagstaff
AZ: Center for Excellence in Education, Northern Arizona University,
AZ, 1996.
SUBSEQUENT
LEGISLATION
Native
American Languages Act of 1992 (P.L. 102-524) A federal law establishing
a program of grants to tribes and other Native American organizations
to support a wide range of activities aimed at ensuring the survival
and continued vitality of Native American languages.
Source:
National Clearinghouse for Bilingual Education Web.
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