§2011. Policy for Indian control of Indian education

(a) Facilitation of Indian control

It shall be the policy of the Secretary and the Bureau, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.

(b) Consultation with tribes

(1) All actions under this Act shall be done with active consultation with tribes.

(2) The consultation required under paragraph (1) means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties. During such discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity to present issues including proposals regarding changes in current practices or programs which will be considered for future action by the Bureau. All interested parties shall be given an opportunity to participate and discuss the options presented or to present other alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information educed or presented by the interested parties during 1 or more of the discussions and deliberations, that there is a substantial reason for another course of action. The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views of the interested parties.

(Pub. L. 95–561, title XI, §1131, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4001 .)

References in Text

This Act, referred to in subsec. (b)(1), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143 , as amended, known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20, Education, and Tables.

Prior Provisions

A prior section 2011, Pub. L. 95–561, title XI, §1131, Nov. 1, 1978, 92 Stat. 2322 ; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 98–511, title V, §507(b), Oct. 19, 1984, 98 Stat. 2396 ; Pub. L. 100–297, title V, §§5112(a), (b)(1), 5114, 5115, Apr. 28, 1988, 102 Stat. 377 , 378, 380; Pub. L. 100–427, §9(a)–(c), Sept. 9, 1988, 102 Stat. 1606 , related to education personnel, prior to the general amendment of this chapter by Pub. L. 103–382.

Section Referred to in Other Sections

This section is referred to in sections 472a, 2001, 2002, 2008 of this title.