S 4869

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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.

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 “Indigenous Students Excel through Parity Act of 2026”.

SEC. 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.

SEC. 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).

SEC. 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.

SEC. 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. <all>