S. 4869

119 S4869 IS: Indigenous Students Excel through Parity Act of 2026
 U.S. Senate
 2026-06-23
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 II  119th CONGRESS  2d Session  S. 4869  IN THE SENATE OF THE UNITED STATES   June 23, 2026   Mr. Heinrich  (for himself and  Ms. Lummis ) introduced the following bill; which was read twice and referred to the  Committee on Indian Affairs    A BILL
To improve the Indian School Equalization Formula of the Bureau of Indian Education, and for other purposes.
1.
Short title
This Act may be cited as the   Indigenous Students Excel through Parity Act of 2026  .
2.
Purposes
The purposes of this Act are to study—
(1)
the resources that Bureau-funded schools need to provide competitive salaries and benefits to recruit and retain high-quality teachers, administrators, and all school staff;
(2)
funding and other resources needed by the Bureau of Indian Education to ensure that students attending Bureau-funded schools receive a high-quality education; and
(3)
potential revenue sources to bring Bureau of Indian Education funding, resources, and salaries into parity with other school systems.
3.
Definitions
In this Act:
(1)
Assistant Secretary
The term  Assistant Secretary  means the Assistant Secretary for Indian Affairs.
(2)
Bureau-funded school
The term  Bureau-funded school  has the meaning given the term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ).
(3)
Indian School Equalization Formula
The term  Indian School Equalization Formula  means the Indian School Equalization Formula described in subparts B and C of part 39 of title 25, Code of Federal Regulations (or successor regulations).
(4)
Indian School Equalization Program
The term  Indian School Equalization Program  means the Indian School Equalization Program described in part 39 of title 25, Code of Federal Regulations (or successor regulations).
(5)
Indian Tribe
The term  Indian Tribe  means any Indian or Alaska Native Tribe, band, nation, pueblo, village, or other community included on the most recent list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ).
(6)
Secretary
The term  Secretary  means the Secretary of the Interior.
(7)
Tribally controlled school
The term  tribally controlled school  has the meaning given the term in section 5212 of the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2511 ).
4.
Indian School Equalization Formula study
(a)
Study required
(1)
In general
Not later than 1 year after the date of enactment of this Act, and in accordance with paragraph (3), the Secretary, in coordination with the Assistant Secretary and the Director of the Bureau of Indian Education, shall carry out a study relating to updating the Indian School Equalization Formula, including by completing the process of developing alternative methods for the equitable distribution of the Indian School Equalization Formula, with consideration given to the factors described in paragraph (2).
(2)
Factors described
The factors referred to in paragraph (1) are the following:
(A)
Ensuring that the Indian School Equalization Formula provides sufficient funding to adequately fund Bureau-funded schools, including—
(i)
schools operated by the Bureau of Indian Education; and
(ii)
tribally controlled schools.
(B)
The highest rate of basic compensation, which shall be equal to the higher of—
(i)
the highest quartile or average State-by-State salaries for school teachers, principals, other leadership positions, and all school staff at public schools that are not Bureau-funded schools; and
(ii)
the rate of basic compensation for teacher and teaching positions in the Department of Defense as determined under the Defense Department Overseas Teachers Pay and Personnel Practices Act ( 20 U.S.C. 901 et seq. ).
(3)
Requirements
In carrying out the study of the Indian School Equalization Formula under paragraph (1), the Secretary shall—
(A)
ensure that an updated Indian School Equalization Formula provides sufficient funding to fully support salaries for school teachers, principals, other leadership positions, and all school staff at a rate commensurate with salaries of non-Bureau of Indian Education teachers, principals, other leadership positions, and all school staff described in clauses (i) and (ii) of paragraph (2)(B);
(B)
consider the weights or ratios related to—
(i)
tribally controlled schools;
(ii)
schools with fewer than 100 students; and
(iii)
schools located in rural areas; and
(C)
ensure that, in an updated Indian School Equalization Formula, that Havasupai Elementary School is awarded an additional cost factor of 12.5 Weighted Student Unit (as defined in section 39.2 of title 25, Code of Federal Regulations (or a successor regulation)).
(b)
Report
The Secretary, in coordination with the Assistant Secretary and the Director of the Bureau of Indian Education, and in consultation with national organizations representing Indian Tribes and students attending Bureau-funded schools, shall submit to Congress and make publicly available to Indian Tribes a report describing—
(1)
the adequacy of the Indian School Equalization Formula and the Indian School Equalization Program in fulfilling the needs of Bureau-funded schools and tribally controlled schools; and
(2)
recommendations for increasing or modifying factors to improve the Indian School Equalization Formula.
5.
Study of revenue resources
Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Assistant Secretary and the Director of the Bureau of Indian Education, shall carry out a study to identify potential revenue sources to bring Bureau-funded schools into parity with other schools.