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HR 84 · 119th CongressIn Committee
Native American Education Opportunity Act
Latest updateJan 3, 2025
Referred to the House Committee on Education and Workforce.
Native Americans
Sponsor
Andy Biggs
Introduced
January 3, 2025
Latest action
January 3, 2025
Legislative Progress
How far this bill has traveled through Congress
Introduced
Committee
Passed Chamber
Passed Both
President
Enacted
Introduced
Bill filed in chamber
Committee
Reviewed & reported
Passed Chamber
House or Senate vote
Passed Both
House & Senate agree
President
Sent to White House
Enacted
Signed into law
Latest Action
Referred to the House Committee on Education and Workforce.
Plain-Language Summary
AI GeneratedCurrently, Native American students attending Bureau of Indian Education schools have limited educational options. While federal funding flows to these schools, students and families have few alternatives if they seek different learning approaches, specialized services, or educational paths outside the traditional public school system. The existing framework channels resources primarily through institutional providers rather than giving families direct control over education spending decisions.
The Native American Education Opportunity Act directs the Secretary of Education and Secretary of the Interior to establish tribal education savings account programs beginning in the 2025-2026 school year. Participating tribes receive federal funds—approximately one-half of one percent of Elementary and Secondary Education Act appropriations—and deposit $8,000 annually into individual accounts for eligible students. Parents can then withdraw funds to purchase tutoring, private school tuition, online learning programs, textbooks, technology, educational therapies, college preparation, vocational training, and other approved educational expenses. Tribes may contract with nonprofit entities to administer the accounts and can allocate up to 5 percent of funds for program administration.
Implementation begins immediately for students applying after January 1, 2025, with semi-annual account distributions. Accounts remain available until students enroll full-time in public school, complete postsecondary education, reach age 25 (or 26 for students with disabilities), or funds remain unused for two years. States must recognize these accounts as satisfying compulsory attendance requirements. The program expires five years after enactment. Funds are considered student assistance rather than school funding, so they do not count as income for tax or federal benefit eligibility purposes. If students attend public school part-time, account funds must cover their attendance costs through agreements with local school districts.
Key Provisions
- 1Directs the Secretary of Education and Secretary of the Interior to disburse federal funds to federally recognized tribes administering education savings account programs, depositing $8,000 annually per eligible student beginning in the 2025-2026 school year.
- 2Authorizes parents to withdraw education savings account funds for private tutoring, private school tuition, online learning, educational therapies, technology, college preparation, vocational training, and other approved educational expenses.
- 3Requires participating educational service providers to consult with tribal officials before providing services and maintain written documentation of tribal approval for the Bureau of Indian Education.
- 4Establishes that education savings accounts terminate when students enroll full-time in public school, complete postsecondary education, reach specified age limits, or funds remain unused for two years, with remaining balances returned.
- 5Sunsets the program authority five years after enactment and specifies that account funds do not count as income for federal tax purposes or eligibility determinations for other federal programs.
★ Why this matters
Families gain direct control over education funding and can customize spending to match individual student needs rather than relying solely on institutional providers. Students gain access to diverse educational options including private schools, specialized tutoring, vocational programs, and online learning. States must recognize these accounts as meeting compulsory attendance requirements, creating a parallel education pathway. The program redirects a portion of federal education funding to individual accounts rather than institutional budgets.
● Who this affects
Native American students currently attending Bureau of Indian Education schools and their parents are most directly impacted, as they become eligible to establish education savings accounts. Federally recognized tribes administering the programs must develop infrastructure and policies to manage accounts and consult with educational providers. Private schools, tutoring services, online learning platforms, and vocational training programs may see increased enrollment from account holders. States with significant Native American populations must adjust compulsory attendance verification processes. The Department of Education and Department of the Interior bear implementation and oversight responsibilities.
Bill Text
View on Congress.govShow / hide bill text preview
<DOC>
119th CONGRESS
1st Session
H. R. 84
To expand opportunity for Native American children through additional
options in education, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona introduced the following bill; which was referred
to the Committee on Education and Workforce
A BILL
To expand opportunity for Native American children through additional
options in education, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Education
Opportunity Act''.
SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM.
(a) In General.--Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2000 et seq.) is amended--
(1) by redesignating section 1141 as section 1142; and
(2) by inserting after section 1140 the following:
``SEC. 1141. FUNDING OF TRIBAL-BASED EDUCATION SAVINGS ACCOUNT
PROGRAMS.
``(a) Program Authorized.--
``(1) Disbursements.--At the request of Tribes, the
Secretary of Education and the Secretary of the Interior shall,
for the 2025-2026 school year and each subsequent school year,
disburse amounts transferred under paragraphs (2) and (3) of
section 2101(a) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6611(a)) for the fiscal year to such Tribes
that administer education savings account programs to enable
the Tribes to award grants to education savings accounts for
ESA eligible students for such school year, in accordance with
subsection (b).
``(2) Applicability.--This section shall apply with respect
to ESA eligible students who have submitted their application
for participation under this section to the Tribe of which the
student is an enrolled member on or after January 1, 2025.
``(3) Account administration.--A Tribe may enter into an
agreement with a nonprofit entity for the administration of the
accounts created through the Tribe's education savings account
program.
``(4) Required use of funds.--Funds disbursed to a Tribe
under this section shall be used to deposit $8,000 each year in
the Tribal education savings accounts of ESA eligible students
who have not yet attained a regular high school diploma or its
recognized equivalent.
``(5) Permissible use of funds.--Funds disbursed to a Tribe
under this section may be used for--
``(A) private tutoring, including academic, Native
language, or cultural tutoring;
…Party Positions
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Cosponsor data and vote records sourced from Congress.gov. Reflects formal legislative actions only.