S. 4869

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4869 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4869

To improve the Indian School Equalization Formula of the Bureau of 
Indian Education, and for other purposes.

_______________________________________________________________________

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.
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