SUBCHAPTER IX—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Subchapter Referred to in Other Sections
This subchapter is referred to in title 25 section 458e.
Part A—Indian Education
Prior Provisions
Provisions similar to those in this part were contained in
Part Referred to in Other Sections
This part is referred to in
§7801. Findings
The Congress finds that—
(1) the Federal Government has a special responsibility to ensure that educational programs for all American Indian and Alaska Native children and adults—
(A) are based on high-quality, internationally competitive content standards and student performance standards and build on Indian culture and the Indian community;
(B) assist local educational agencies, Indian tribes, and other entities and individuals in providing Indian students the opportunity to achieve such standards; and
(C) meet the special educational and culturally related academic needs of American Indian and Alaska Native students;
(2) since the date of enactment of the initial Indian Education Act in 1972, the level of involvement of Indian parents in the planning, development, and implementation of educational programs that affect such parents and their children has increased significantly, and schools should continue to foster such involvement;
(3) although the number of Indian teachers, administrators, and university professors has increased since 1972, teacher training programs are not recruiting, training, or retraining a sufficient number of Indian individuals as educators to meet the needs of a growing Indian student population in elementary, secondary, vocational, adult, and higher education;
(4) the dropout rate for Indian students is unacceptably high, for example, 9 percent of Indian students who were eighth graders in 1988 had already dropped out of school by 1990;
(5) during the period from 1980 to 1990, the percentage of Indian individuals living at or below the poverty level increased from 24 percent to 31 percent, and the readiness of Indian children to learn is hampered by the high incidence of poverty, unemployment, and health problems among Indian children and their families; and
(6) research related specifically to the education of Indian children and adults is very limited, and much of the research is of poor quality or is focused on limited local or regional issues.
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References in Text
The date of enactment of the initial Indian Education Act in 1972, referred to in par. (2), means the date of enactment of title IV of
Ex. Ord. No. 13096. American Indian and Alaska Native Education
Ex. Ord. No. 13096, Aug. 6, 1998, 63 F.R. 42681, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, in affirmation of the unique political and legal relationship of the Federal Government with tribal governments, and in recognition of the unique educational and culturally related academic needs of American Indian and Alaska Native students, it is hereby ordered as follows:
(a) Interagency Task Force. There is established an Interagency Task Force on American Indian and Alaska Native Education (Task Force) to oversee the planning and implementation of this order. The Task Force shall confer with the National Advisory Council on Indian Education (NACIE) in carrying out activities under this order. The Task Force shall consult with representatives of American Indian and Alaska Native tribes and organizations, including the National Indian Education Association (NIEA) and the National Congress of American Indians (NCAI), to gather advice on implementation of the activities called for in this order.
(b) Composition of the Task Force. (1) The membership of the Task Force shall include representatives of the Departments of the Treasury, Defense, Justice, the Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, and Education, as well as the Environmental Protection Agency, the Corporation for National and Community Service, and the National Science Foundation. With the agreement of the Secretaries of Education and the Interior, other agencies may participate in the activities of the Task Force.
(2) Within 30 days of the date of this order, the head of each participating agency shall designate a senior official who is responsible for management or program administration to serve as a member of the Task Force. The official shall report directly to the agency head on the agency's activities under this order.
(3) The Assistant Secretary for Elementary and Secondary Education of the Department of Education and the Assistant Secretary for Indian Affairs of the Department of the Interior shall co-chair the Task Force.
(c) Interagency plan. The Task Force shall, within 90 days of the date of this order, develop a Federal interagency plan with recommendations identifying initiatives, strategies, and ideas for future interagency action supportive of the goals of this order.
(d) Agency participation. To the extent consistent with law and agency priorities, each participating agency shall adopt and implement strategies to maximize the availability of the agency's education-related programs, activities, resources, information, and technical assistance to American Indian and Alaska Native students. In keeping with the spirit of the Executive Memorandum of April 29, 1994 [
(e) Interagency resource guide. The Task Force shall identify, within participating Federal agencies, all education-related programs and resources that support the goals of this order. Within 12 months, the Task Force, in conjunction with the Department of Education, shall develop, publish, and widely distribute a guide that describes those programs and resources and how American Indians and Alaska Natives can benefit from them.
(f) Research. The Secretary of Education, through the Office of Educational Research and Improvement and the Office of Indian Education, and in consultation with NACIE and participating agencies, shall develop and implement a comprehensive Federal research agenda to:
(1) establish baseline data on academic achievement and retention of American Indian and Alaska Native students in order to monitor improvements;
(2) evaluate promising practices used with those students; and
(3) evaluate the role of native language and culture in the development of educational strategies. Within 1 year, the Secretary of Education shall submit the research agenda, including proposed timelines, to the Task Force.
(g) Comprehensive Federal Indian education policy.
(1) The Task Force shall, within 2 years of the date of this order, develop a comprehensive Federal Indian education policy to support the accomplishment of the goals of this order. The policy shall be designed to:
(A) improve Federal interagency cooperation;
(B) promote intergovernmental collaboration; and
(C) assist tribal governments in meeting the unique educational needs of their children, including the need to preserve, revitalize, and use native languages and cultural traditions.
(2) In developing the policy, the Task Force shall consider ideas in the Comprehensive Federal Indian Education Policy Statement proposal developed by the NIEA and the NCAI.
(3) The Task Force shall develop recommendations to implement the policy, including ideas for future interagency action.
(4) As appropriate, participating agencies may develop memoranda of agreement with one another to enable and enhance the ability of tribes and schools to provide, and to coordinate the delivery of, Federal, tribal, State, and local resources and services, including social and health-related services, to meet the educational needs of American Indian and Alaska Native students.
(h) Reports. The Task Force co-chairs shall submit the comprehensive Federal Indian education policy, and report annually on the agencies' activities, accomplishments, and progress toward meeting the goals of this order, to the Director of the Office of Management and Budget.
William J. Clinton.
§7802. Purpose
(a) Purpose
It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities to meet the special educational and culturally related academic needs of American Indians and Alaska Natives, so that such students can achieve to the same challenging State performance standards expected of all students.
(b) Programs
This part carries out the purpose described in subsection (a) of this section by authorizing programs of direct assistance for—
(1) meeting the special educational and culturally related academic needs of American Indians and Alaska Natives;
(2) the education of Indian children and adults;
(3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and
(4) research, evaluation, data collection, and technical assistance.
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subpart 1—formula grants to local educational agencies
Subpart Referred to in Other Sections
This subpart is referred to in
§7811. Purpose
It is the purpose of this subpart to support local educational agencies in their efforts to reform elementary and secondary school programs that serve Indian students in order to ensure that such programs—
(1) are based on challenging State content standards and State student performance standards that are used for all students; and
(2) are designed to assist Indian students meet those standards and assist the Nation in reaching the National Education Goals.
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Section Referred to in Other Sections
This section is referred to in
§7812. Grants to local educational agencies
(a) In general
(1) Enrollment requirements
A local educational agency shall be eligible for a grant under this subpart for any fiscal year if the number of Indian children eligible under
(A) was at least 10; or
(B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency.
(2) Exclusion
The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, a reservation.
(b) Indian tribes
(1) In general
If a local educational agency that is eligible for a grant under this subpart does not establish a parent committee under
(2) Special rule
The Secretary shall treat each Indian tribe applying for a grant pursuant to paragraph (1) as if such Indian tribe were a local educational agency for purposes of this subpart.
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Amendments
1995—Subsec. (a)(1)(A).
Section Referred to in Other Sections
This section is referred to in
§7813. Amount of grants
(a) Amount of grant awards
(1) In general
Except as provided in subsection (b) of this section and paragraph (2), the Secretary shall allocate to each local educational agency which has an approved application under this subpart an amount equal to the product of—
(A) the number of Indian children who are eligible under
(B) the greater of—
(i) the average per-pupil expenditure of the State in which such agency is located; or
(ii) 80 percent of the average per-pupil expenditure in the United States.
(2) Reduction
The Secretary shall reduce the amount of each allocation determined under paragraph (1) in accordance with subsection (e) of this section.
(b) Minimum grant
(1) In general
Notwithstanding subsection (e) of this section, a local educational agency or an Indian tribe (as authorized under
(2) Consortia
Local educational agencies may form a consortium for the purpose of obtaining grants under this chapter.
(3) Increase
The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure quality programs.
(c) "Average per-pupil expenditure of a State" defined
For the purpose of this section, the term "average per-pupil expenditure of a State" means an amount equal to—
(1) the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by
(2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year.
(d) Schools operated or supported by Bureau of Indian Affairs
In addition to the grants awarded under subsection (a) of this section, and subject to paragraph (2), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of—
(1) the total number of Indian children enrolled in schools that are operated by—
(A) the Bureau of Indian Affairs; or
(B) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of such tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act [
(2) the greater of—
(A) the average per-pupil expenditure of the State in which the school is located; or
(B) 80 percent of the average per-pupil expenditure in the United States.
(e) Ratable reductions
If the sums appropriated for any fiscal year under
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References in Text
The Indian Self-Determination Act, referred to in subsec. (d)(1)(B), is title I of
The Tribally Controlled Schools Act of 1988, referred to in subsec. (d)(1)(B), is part B (§§5201–5212) of title V of
Section Referred to in Other Sections
This section is referred to in
§7814. Applications
(a) Application required
Each local educational agency that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
(b) Comprehensive program required
Each application submitted under subsection (a) of this section shall include a comprehensive program for meeting the needs of Indian children served by the local educational agency, including the language and cultural needs of the children, that—
(1) provides programs and activities to meet the culturally related academic needs of American Indian and Alaska Native students;
(2)(A) is consistent with, and promotes the goals in, the State and local improvement plans, either approved or being developed, under title III 1 of the Goals 2000: Educate America Act or, if such plans are not approved or being developed, with the State and local plans under
(B) includes academic content and student performance goals for such children, and benchmarks for attaining such goals, that are based on the challenging State standards adopted under subchapter I of this chapter for all children;
(3) explains how Federal, State, and local programs, especially under subchapter I of this chapter, will meet the needs of such students;
(4) demonstrates how funds made available under this subpart will be used for activities described in
(5) describes the professional development opportunities that will be provided, as needed, to ensure that—
(A) teachers and other school professionals who are new to the Indian community are prepared to work with Indian children; and
(B) all teachers who will be involved in programs assisted under this subpart have been properly trained to carry out such programs; and
(6) describes how the local educational agency—
(A) will periodically assess the progress of all Indian children enrolled in the schools of the local educational agency, including Indian children who do not participate in programs assisted under this subpart, in meeting the goals described in paragraph (2);
(B) will provide the results of each assessment referred to in subparagraph (A) to—
(i) the committee of parents described in subsection (c)(4) of this section; and
(ii) the community served by the local educational agency; and
(C) is responding to findings of any previous assessments that are similar to the assessments described in subparagraph (A).
(c) Assurances
Each application submitted under subsection (a) of this section shall include assurances that—
(1) the local educational agency will use funds received under this subpart only to supplement the level of funds that, in the absence of the Federal funds made available under this subpart, such agency would make available for the education of Indian children, and not to supplant such funds;
(2) the local educational agency will submit such reports to the Secretary, in such form and containing such information, as the Secretary may require to—
(A) carry out the functions of the Secretary under this subpart; and
(B) determine the extent to which funds provided to the local educational agency under this subpart are effective in improving the educational achievement of Indian students served by such agency;
(3) the program for which assistance is sought—
(A) is based on a local assessment and prioritization of the special educational and culturally related academic needs of the American Indian and Alaska Native students for whom the local educational agency is providing an education;
(B) will use the best available talents and resources, including individuals from the Indian community; and
(C) was developed by such agency in open consultation with parents of Indian children and teachers, and, if appropriate, Indian students from secondary schools, including public hearings held by such agency to provide the individuals described in this subparagraph a full opportunity to understand the program and to offer recommendations regarding the program; and
(4) the local educational agency developed the program with the participation and written approval of a committee—
(A) that is composed of, and selected by—
(i) parents of Indian children in the local educational agency's schools and teachers; and
(ii) if appropriate, Indian students attending secondary schools;
(B) the membership of which is at least more than one-half parents of Indian children;
(C) that sets forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents of the children, and representatives of the area, to be served;
(D) with respect to an application describing a schoolwide program in accordance with
(i) reviewed in a timely fashion the program; and
(ii) determined that the program will not diminish the availability of culturally related activities for American Indians and Alaskan Native students; and
(E) has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such bylaws.
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References in Text
The Goals 2000: Educate America Act, referred to in subsec. (b)(2)(A), is
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§7815. Authorized services and activities
(a) General requirements
Each local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in
(1) are designed to carry out the comprehensive plan of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under
(2) are designed with special regard for the language and cultural needs of the Indian students; and
(3) supplement and enrich the regular school program of such agency.
(b) Particular activities
The services and activities referred to in subsection (a) of this section may include—
(1) culturally related activities that support the program described in the application submitted by the local educational agency;
(2) early childhood and family programs that emphasize school readiness;
(3) enrichment programs that focus on problem-solving and cognitive skills development and directly support the attainment of challenging State content standards and State student performance standards;
(4) integrated educational services in combination with other programs that meet the needs of Indian children and their families;
(5) school-to-work transition activities to enable Indian students to participate in programs such as the programs supported by the School-to-Work Opportunities Act of 1994 [
(6) activities to educate individuals concerning substance abuse and to prevent substance abuse; and
(7) the acquisition of equipment, but only if the acquisition of the equipment is essential to meet the purpose described in
(c) Schoolwide programs
Notwithstanding any other provision of law, a local educational agency may use funds made available to such agency under this subpart to support a schoolwide program under
(1) the committee composed of parents established pursuant to
(2) the schoolwide program is consistent with the purpose described in
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References in Text
The School-to-Work Opportunities Act of 1994, referred to in subsec. (b)(5), is
The Carl D. Perkins Vocational and Technical Education Act of 1998, referred to in subsec. (b)(5), is
Amendments
1998—Subsec. (b)(5).
Section Referred to in Other Sections
This section is referred to in
§7816. Student eligibility forms
(a) In general
The Secretary shall require that, as part of an application for a grant under this subpart, each applicant shall maintain a file, with respect to each Indian child for whom the local educational agency provides a free public education, that contains a form that sets forth information establishing the status of the child as an Indian child eligible for assistance under this subpart and that otherwise meets the requirements of subsection (b) of this section.
(b) Forms
(1) In general
The form described in subsection (a) of this section shall include—
(A) either—
(i)(I) the name of the tribe or band of Indians (as defined in
(II) the enrollment number establishing the membership of the child (if readily available); and
(III) the name and address of the organization that maintains updated and accurate membership data for such tribe or band of Indians; or
(ii) if the child is not a member of a tribe or band of Indians, the name, the enrollment number (if readily available), and the organization (and address thereof) responsible for maintaining updated and accurate membership rolls of any parent or grandparent of the child from whom the child claims eligibility;
(B) a statement of whether the tribe or band of Indians with respect to which the child, parent or grandparent of the child claims membership is federally recognized;
(C) the name and address of the parent or legal guardian of the child;
(D) a signature of the parent or legal guardian of the child that verifies the accuracy of the information supplied; and
(E) any other information that the Secretary considers necessary to provide an accurate program profile.
(2) Minimum information
In order for a child to be eligible to be counted for the purpose of computing the amount of a grant award made under
(A) the name of the child;
(B) the name of the tribe or band of Indians (as defined in
(C) the dated signature of the parent or guardian of the child.
(3) Failure
The failure of an applicant to furnish any information described in this subsection other than the information described in paragraph (2) with respect to any child shall have no bearing on the determination of whether the child is an eligible Indian child for the purposes of determining the amount of a grant award made under
(c) Statutory construction
Nothing in this section shall be construed to affect a definition contained in
(d) Forms and standards of proof
The forms and the standards of proof (including the standard of good faith compliance) that were in use during the 1985–1986 academic year to establish the eligibility of a child for entitlement under the Indian Elementary and Secondary School Assistance Act shall be the forms and standards of proof used—
(1) to establish such eligibility; and
(2) to meet the requirements of subsection (a) of this section.
(e) Documentation
For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant under
(f) Monitoring and evaluation review
(1) In general
(A) For each fiscal year, in order to provide such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this subpart. The sampling conducted under this subparagraph shall take into account size of the local educational agency and the geographic location of such agency.
(B) A local educational agency may not be held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to the date of completion, or the date of submission, of any forms used to establish, before April 28, 1988, the eligibility of a child for entitlement under the Indian Elementary and Secondary School Assistance Act.
(2) False information
Any local educational agency that provides false information in an application for a grant under this subpart shall—
(A) be ineligible to apply for any other grant under this subpart; and
(B) be liable to the United States for any funds that have not been expended.
(3) Excluded children
A student who provides false information for the form required under subsection (d) of this section shall not be counted for the purpose of computing the amount of a grant under
(g) Distribution
For the purposes of the distribution of funds under this subpart to schools that receive funding from the Bureau of Indian Affairs pursuant to—
(1)
(2) the Act of April 16, 1934 (
the Secretary shall, in lieu of meeting the requirements of this section for counting Indian children, use a count of the number of students in such schools certified by the Bureau of Indian Affairs.
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References in Text
The Indian Elementary and Secondary School Assistance Act, referred to in subsecs. (d) and (f)(1)(B), is title III of act Sept. 30, 1950, ch. 1124, as added by
Act of April 16, 1934, referred to in subsec. (g)(2), is act Apr. 16, 1934, ch. 147,
Section Referred to in Other Sections
This section is referred to in
§7817. Payments
(a) In general
Subject to subsections (b) and (c) of this section, the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under
(b) Payments taken into account by the State
The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this subpart (or under subpart 1 of the Indian Education Act of 1988) in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year.
(c) Reduction of payment for failure to maintain fiscal effort
(1) In general
The Secretary may not pay a local educational agency the full amount of a grant award determined under
(2) Failure
If, for any fiscal year, the Secretary determines that a local educational agency failed to maintain the fiscal effort of such agency at the level specified in paragraph (1), the Secretary shall—
(A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the exact proportion of such agency's failure to maintain its fiscal effort at such level; and
(B) not use the reduced amount of the agency's expenditures for the preceding year to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1).
(3) Waiver
(A) The Secretary may waive the requirement of paragraph (1), for not more than one year at a time, if the Secretary determines that the failure to comply with such requirement is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the agency's financial resources.
(B) The Secretary shall not use the reduced amount of such agency's expenditures for the fiscal year preceding the fiscal year for which a waiver is granted to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1) in the absence of the waiver.
(d) Reallocations
The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that—
(1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or
(2) otherwise become available for reallocation under this subpart.
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References in Text
The Indian Education Act of 1988, referred to in subsec. (b), is part C (§§5301–5352) of title V of
§7818. State educational agency review
(a) Application
Each entity desiring assistance under this subpart shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require except that this subsection shall not apply to Bureau-funded schools.
(b) Special rule
Before submitting an application under subsection (a) of this section to the Secretary, the entity shall submit its application to the State educational agency. The State educational agency may comment on such application, however if such agency comments on such application such agency shall comment on all applications submitted by entities within the State and shall provide such comments to the appropriate local educational agency, which local educational agency shall be given an opportunity to respond to such comments.
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subpart 2—special programs and projects to improve educational opportunities for indian children
Subpart Referred to in Other Sections
This subpart is referred to in
§7831. Improvement of educational opportunities for Indian children
(a) Purpose
(1) In general
It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of Indian children.
(2) Coordination
The Secretary shall take such actions as are necessary to achieve the coordination of activities assisted under this subpart with—
(A) other programs funded under this chapter; and
(B) other Federal programs operated for the benefit of American Indian and Alaska Native children.
(b) Eligible entities
For the purpose of this section, the term "eligible entity" means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary and secondary school for Indian students, Indian institution, including an Indian institution of higher education, or a consortium of such institutions.
(c) Grants authorized
(1) In general
The Secretary shall award grants to eligible entities to enable such entities to carry out activities that meet the purpose specified in subsection (a)(1) of this section, including—
(A) innovative programs related to the educational needs of educationally deprived children;
(B) educational services that are not available to such children in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children in one or more of the core academic subjects of English, mathematics, science, foreign languages, art, history, and geography;
(C) bilingual and bicultural programs and projects;
(D) special health and nutrition services, and other related activities, that address the special health, social, and psychological problems of Indian children;
(E) special compensatory and other programs and projects designed to assist and encourage Indian children to enter, remain in, or reenter school, and to increase the rate of secondary school graduation;
(F) comprehensive guidance, counseling, and testing services;
(G) early childhood and kindergarten programs, including family-based preschool programs that emphasize school readiness and parental skills, and the provision of services to Indian children with disabilities;
(H) partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary school to postsecondary education;
(I) partnership projects between schools and local businesses for school-to-work transition programs designed to provide Indian youth with the knowledge and skills the youth need to make an effective transition from school to a first job in a high-skill, high-wage career;
(J) programs designed to encourage and assist Indian students to work toward, and gain entrance into, an institution of higher education; or
(K) other services that meet the purpose described in subsection (a)(1) of this section.
(2) Preservice or inservice training
Preservice or inservice training of professional and paraprofessional personnel may be a part of any program assisted under this section.
(d) Grant requirements and applications
(1) Grant requirements
(A) The Secretary may make multiyear grants under this section for the planning, development, pilot operation, or demonstration of any activity described in subsection (c) of this section for a period not to exceed 5 years.
(B) In making multiyear grants under this section, the Secretary shall give priority to applications that present a plan for combining two or more of the activities described in subsection (c) of this section over a period of more than 1 year.
(C) The Secretary shall make a grant payment to an eligible entity after the initial year of the multiyear grant only if the Secretary determines that the eligible entity has made substantial progress in carrying out the activities assisted under the grant in accordance with the application submitted under paragraph (2) and any subsequent modifications to such application.
(D)(i) In addition to awarding the multiyear grants described in subparagraph (A), the Secretary may award grants to eligible entities for the dissemination of exemplary materials or programs assisted under this section.
(ii) The Secretary may award a dissemination grant under this subparagraph if, prior to awarding the grant, the Secretary determines that the material or program to be disseminated has been adequately reviewed and has a demonstrated—
(I) educational merit; and
(II) the ability to be replicated.
(2) Application
(A) Any eligible entity that desires to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require.
(B) Each application submitted to the Secretary under subparagraph (A) shall contain—
(i) a description of how parents of Indian children and representatives of Indian tribes have been, and will be, involved in developing and implementing the activities for which assistance is sought;
(ii) assurances that the applicant will participate, at the request of the Secretary, in any national evaluation of activities assisted under this section; and
(iii) such other assurances and information as the Secretary may reasonably require.
(
§7832. Professional development
(a) Purposes
The purposes of this section are—
(1) to increase the number of qualified Indian individuals in professions that serve Indian people;
(2) to provide training to qualified Indian individuals to enable such individuals to become teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and
(3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2).
(b) Eligible entities
For the purpose of this section, the term "eligible entity" means—
(1) an institution of higher education, including an Indian institution of higher education;
(2) a State or local educational agency, in consortium with an institution of higher education; and
(3) an Indian tribe or organization, in consortium with an institution of higher education.
(c) Program authorized
The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such entities to carry out the activities described in subsection (d) of this section.
(d) Authorized activities
(1) In general
Grant funds under this section shall be used to provide support and training for Indian individuals in a manner consistent with the purposes of this section. Such activities may include but are not limited to, continuing programs, symposia, workshops, conferences, and direct financial support.
(2) Special rules
(A) For education personnel, the training received pursuant to a grant under this section may be inservice or preservice training.
(B) For individuals who are being trained to enter any field other than education, the training received pursuant to a grant under this section shall be in a program that results in a graduate degree.
(e) Application
(1) In general
Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner and accompanied by such information, as the Secretary may reasonably require.
(2) Preference
In awarding grants under this section, the Secretary shall give preference to applications describing programs that train Indian individuals.
(f) Special rule
In making grants under this section, the Secretary—
(1) shall consider the prior performance of the eligible entity; and
(2) may not limit eligibility to receive a grant under this section on the basis of—
(A) the number of previous grants the Secretary has awarded such entity; or
(B) the length of any period during which such entity received such grants.
(g) Grant period
Each grant under this section shall be awarded for a program of not more than 5 years.
(h) Service obligation
(1) In general
The Secretary shall require, by regulation, that an individual who receives training pursuant to a grant made under this section—
(A) perform work—
(i) related to the training received under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated part of the assistance received.
(2) Reporting
The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning the compliance of such recipient with the work requirement under paragraph (1).
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§7833. Fellowships for Indian students
(a) Fellowships
(1) Authority
The Secretary is authorized to award fellowships to Indian students to enable such students to study in graduate and professional programs at institutions of higher education.
(2) Requirements
The fellowships described in paragraph (1) shall be awarded to Indian students to enable such students to pursue a course of study—
(A) of not more than 4 academic years; and
(B) that leads—
(i) toward a postbaccalaureate degree in medicine, clinical psychology, psychology, law, education, and related fields; or
(ii) to an undergraduate or graduate degree in engineering, business administration, natural resources, and related fields.
(b) Stipends
The Secretary shall pay to Indian students awarded fellowships under subsection (a) of this section such stipends (including allowances for subsistence of such students and dependents of such students) as the Secretary determines to be consistent with prevailing practices under comparable federally supported programs.
(c) Payments to institutions in lieu of tuition
The Secretary shall pay to the institution of higher education at which a fellowship recipient is pursuing a course of study, in lieu of tuition charged such recipient, such amounts as the Secretary may determine to be necessary to cover the cost of education provided such recipient.
(d) Special rules
(1) In general
If a fellowship awarded under subsection (a) of this section is vacated prior to the end of the period for which the fellowship is awarded, the Secretary may award an additional fellowship for the unexpired portion of the period of the fellowship.
(2) Written notice
Not later than 45 days before the commencement of an academic term, the Secretary shall provide to each individual who is awarded a fellowship under subsection (a) of this section for such academic term written notice of—
(A) the amount of the fellowship; and
(B) any stipends or other payments that will be made under this section to, or for the benefit of, the individual for the academic term.
(3) Priority
Not more than 10 percent of the fellowships awarded under subsection (a) of this section shall be awarded, on a priority basis, to persons receiving training in guidance counseling with a speciality in the area of alcohol and substance abuse counseling and education.
(e) Service obligation
(1) In general
The Secretary shall require, by regulation, that an individual who receives financial assistance under this section—
(A) perform work—
(i) related to the training for which the individual receives assistance under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated portion of such assistance.
(2) Reporting procedure
The Secretary shall establish, by regulation, a reporting procedure under which the recipient of training assistance under this section, not later than 12 months after the date of completion of the training and periodically thereafter, shall provide information concerning the compliance of such recipient with the work requirement under paragraph (1).
(f) Administration of fellowships
The Secretary may administer the fellowships authorized under this section through a grant to, or contract or cooperative agreement with, an Indian organization with demonstrated qualifications to administer all facets of the program assisted under this section.
(
§7834. Gifted and talented
(a) Program authorized
The Secretary is authorized to—
(1) establish two centers for gifted and talented Indian students at tribally controlled community colleges in accordance with this section; and
(2) support demonstration projects described in subsection (c) of this section.
(b) Eligible entities
The Secretary shall make grants to, or enter into contracts, for the activities described in subsection (a) of this section, with—
(1) two tribally controlled community colleges that—
(A) are eligible for funding under the Tribally Controlled College or University Assistance Act of 1978 [
(B) are fully accredited; or
(2) if the Secretary does not receive applications that the Secretary determines to be approvable from two colleges that meet the requirements of paragraph (1), the American Indian Higher Education Consortium.
(c) Use of funds
(1) In general
The grants made, or contracts entered into, by the Secretary under subsection (a) of this section shall be used for—
(A) the establishment of centers described in subsection (a) of this section; and
(B) carrying out demonstration projects designed to—
(i) address the special needs of Indian students in elementary and secondary schools who are gifted and talented; and
(ii) provide such support services to the families of the students described in clause (i) as are needed to enable such students to benefit from the projects.
(2) Subcontracts
Each recipient of a grant or contract under subsection (a) of this section may enter into a contract with any other entity, including the Children's Television Workshop, to carry out the demonstration project under this subsection.
(3) Demonstration projects
Demonstration projects assisted under subsection (a) of this section may include—
(A) the identification of the special needs of gifted and talented Indian students, particularly at the elementary school level, giving attention to—
(i) the emotional and psychosocial needs of such students; and
(ii) providing such support services to the families of such students as are needed to enable such students to benefit from the project;
(B) the conduct of educational, psychosocial, and developmental activities that the Secretary determines holds a reasonable promise of resulting in substantial progress toward meeting the educational needs of such gifted and talented children, including but not limited to—
(i) demonstrating and exploring the use of Indian languages and exposure to Indian cultural traditions; and
(ii) mentoring and apprenticeship programs;
(C) the provision of technical assistance and the coordination of activities at schools that receive grants under subsection (d) of this section with respect to the activities assisted under such grants, the evaluation of programs assisted under such grants, or the dissemination of such evaluations;
(D) the use of public television in meeting the special educational needs of such gifted and talented children;
(E) leadership programs designed to replicate programs for such children throughout the United States, including disseminating information derived from the demonstration projects conducted under subsection (a) of this section; and
(F) appropriate research, evaluation, and related activities pertaining to the needs of such children and to the provision of such support services to the families of such children that are needed to enable such children to benefit from the project.
(4) Application
Each entity desiring a grant under subsection (a) of this section shall submit an application to the Secretary at such time and in such manner as the Secretary may prescribe.
(d) Additional grants
(1) In general
The Secretary, in consultation with the Secretary of the Interior, shall award 5 grants to schools funded by the Bureau of Indian Affairs (hereafter in this section referred to as "Bureau schools") for program research and development and the development and dissemination of curriculum and teacher training material, regarding—
(A) gifted and talented students;
(B) college preparatory studies (including programs for Indian students with an interest in pursuing teaching careers);
(C) students with special culturally related academic needs, including students with social, lingual, and cultural needs; or
(D) mathematics and science education.
(2) Applications
Each Bureau school desiring a grant to conduct one or more of the activities described in paragraph (1) shall submit an application to the Secretary in such form and at such time as the Secretary may prescribe.
(3) Special rule
Each application described in paragraph (2) shall be developed, and each grant under this subsection shall be administered, jointly by the supervisor of the Bureau school and the local educational agency serving such school.
(4) Requirements
In awarding grants under paragraph (1), the Secretary shall achieve a mixture of the programs described in paragraph (1) that ensures that Indian students at all grade levels and in all geographic areas of the United States are able to participate in a program assisted under this subsection.
(5) Grant period
Subject to the availability of appropriations, grants under paragraph (1) shall be awarded for a 3-year period and may be renewed by the Secretary for additional 3-year periods if the Secretary determines that the performance of the grant recipient has been satisfactory.
(6) Dissemination
(A) The dissemination of any materials developed from activities assisted under paragraph (1) shall be carried out in cooperation with entities that receive funds pursuant to subsection (b) of this section.
(B) The Secretary shall report to the Secretary of the Interior and to the Congress any results from activities described in paragraph (3)(B).
(7) Evaluation costs
(A) The costs of evaluating any activities assisted under paragraph (1) shall be divided between the Bureau schools conducting such activities and the recipients of grants or contracts under subsection (b) of this section who conduct demonstration projects under such subsection.
(B) If no funds are provided under subsection (b) of this section for—
(i) the evaluation of activities assisted under paragraph (1);
(ii) technical assistance and coordination with respect to such activities; or
(iii) the dissemination of the evaluations referred to in clause (i),
then the Secretary shall make such grants, or enter into such contracts, as are necessary to provide for the evaluations, technical assistance, and coordination of such activities, and the dissemination of the evaluations.
(e) Information network
The Secretary shall encourage each recipient of a grant or contract under this section to work cooperatively as part of a national network to ensure that the information developed by the grant or contract recipient is readily available to the entire educational community.
(
References in Text
The Tribally Controlled College or University Assistance Act of 1978, referred to in subsec. (b)(1)(A), is
Amendments
1998—Subsec. (b)(1)(A).
Effective Date of 1998 Amendment
Amendment by
§7835. Grants to tribes for education administrative planning and development
(a) In general
The Secretary may make grants to Indian tribes, and tribal organizations approved by Indian tribes, to plan and develop a centralized tribal administrative entity to—
(1) coordinate all education programs operated by the tribe or within the territorial jurisdiction of the tribe;
(2) develop education codes for schools within the territorial jurisdiction of the tribe;
(3) provide support services and technical assistance to schools serving children of the tribe; and
(4) perform child-find screening services for the preschool-aged children of the tribe to—
(A) ensure placement in appropriate educational facilities; and
(B) coordinate the provision of any needed special services for conditions such as disabilities and English language skill deficiencies.
(b) Period of grant
Each grant under this section may be awarded for a period of not more than 3 years, except that such grant may be renewed upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that renewing the grant for an additional 3-year period is necessary to carry out the objectives of the grant described in subsection (c)(2)(A) of this section.
(c) Application for grant
(1) In general
Each Indian tribe and tribal organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, containing such information, and consistent with such criteria, as the Secretary may prescribe in regulations.
(2) Contents
Each application described in paragraph (1) shall contain—
(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; and
(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and determining whether such objectives are achieved.
(3) Approval
The Secretary may approve an application submitted by a tribe or tribal organization pursuant to this section only if the Secretary is satisfied that such application, including any documentation submitted with the application—
(A) demonstrates that the applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant who will be affected by the activities to be conducted under the grant;
(B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and
(C) demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought, except that the availability of such other resources shall not be a basis for disapproval of such application.
(d) Restriction
A tribe may not receive funds under this section if such tribe receives funds under
(e) Authorization of appropriations
There are authorized to be appropriated to the Department of Education $3,000,000 for each of the fiscal years 1995 through 1999 to carry out this section.
(
References in Text
1 See References in Text note below.
subpart 3—special programs relating to adult education for indians
Subpart Referred to in Other Sections
This subpart is referred to in
§7851. Improvement of educational opportunities for adult Indians
(a) In general
The Secretary shall award grants to State and local educational agencies, and to Indian tribes, institutions, and organizations—
(1) to support planning, pilot, and demonstration projects that are designed to test and demonstrate the effectiveness of programs for improving employment and educational opportunities for adult Indians;
(2) to assist in the establishment and operation of programs that are designed to stimulate—
(A) basic literacy opportunities for all nonliterate Indian adults; and
(B) the provision of opportunities to all Indian adults to qualify for a secondary school diploma, or its recognized equivalent, in the shortest period of time feasible;
(3) to support a major research and development program to develop more innovative and effective techniques for achieving literacy and secondary school equivalency for Indians;
(4) to provide for basic surveys and evaluations to define accurately the extent of the problems of illiteracy and lack of secondary school completion among Indians; and
(5) to encourage the dissemination of information and materials relating to, and the evaluation of, the effectiveness of education programs that may offer educational opportunities to Indian adults.
(b) Educational services
The Secretary may make grants to Indian tribes, institutions, and organizations to develop and establish educational services and programs specifically designed to improve educational opportunities for Indian adults.
(c) Information and evaluation
The Secretary may make grants to, and enter into contracts with, public agencies and institutions and Indian tribes, institutions, and organizations, for—
(1) the dissemination of information concerning educational programs, services, and resources available to Indian adults, including evaluations of the programs, services, and resources; and
(2) the evaluation of federally assisted programs in which Indian adults may participate to determine the effectiveness of the programs in achieving the purposes of the programs with respect to Indian adults.
(d) Applications
(1) In general
Each entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, containing such information, and consistent with such criteria, as the Secretary may prescribe in regulations.
(2) Contents
Each application described in paragraph (1) shall contain—
(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; and
(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and determining whether the objectives of the grant are achieved.
(3) Approval
The Secretary shall not approve an application described in paragraph (1) unless the Secretary determines that such application, including any documentation submitted with the application, indicates—
(A) there has been adequate participation, by the individuals to be served and appropriate tribal communities, in the planning and development of the activities to be assisted; and
(B) the individuals and tribal communities referred to in subparagraph (A) will participate in the operation and evaluation of the activities to be assisted.
(4) Priority
In approving applications under paragraph (1), the Secretary shall give priority to applications from Indian educational agencies, organizations, and institutions.
(
subpart 4—national research activities
Subpart Referred to in Other Sections
This subpart is referred to in
§7861. National activities
(a) Authorized activities
The Secretary may use funds made available under
(1) conduct research related to effective approaches for the education of Indian children and adults;
(2) evaluate federally assisted education programs from which Indian children and adults may benefit;
(3) collect and analyze data on the educational status and needs of Indians; and
(4) carry out other activities that are consistent with the purpose of this part.
(b) Eligibility
The Secretary may carry out any of the activities described in subsection (a) of this section directly or through grants to, or contracts or cooperative agreements with Indian tribes, Indian organizations, State educational agencies, local educational agencies, institutions of higher education, including Indian institutions of higher education, and other public and private agencies and institutions.
(c) Coordination
Research activities supported under this section—
(1) shall be carried out in consultation with the Office of Educational Research and Improvement to assure that such activities are coordinated with and enhance the research and development activities supported by the Office; and
(2) may include collaborative research activities which are jointly funded and carried out by the Office of Indian Education and the Office of Educational Research and Improvement.
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subpart 5—federal administration
Subpart Referred to in Other Sections
This subpart is referred to in
§7871. National Advisory Council on Indian Education
(a) Membership
There is established a National Advisory Council on Indian Education (hereafter in this section referred to as the "Council"), which shall—
(1) consist of 15 Indian members, who shall be appointed by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations; and
(2) represent different geographic areas of the United States.
(b) Duties
The Council shall—
(1) advise the Secretary concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any program established under this part—
(A) with respect to which the Secretary has jurisdiction; and
(B)(i) that includes Indian children or adults as participants; or
(ii) that may benefit Indian children or adults;
(2) make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and
(3) submit to the Congress, not later than June 30 of each year, a report on the activities of the Council, including—
(A) any recommendations that the Council considers appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and
(B) recommendations concerning the funding of any program described in subparagraph (A).
(
§7872. Peer review
The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2, 3, or 4 of this part.
(
§7873. Preference for Indian applicants
In making grants under subpart 2, 3, or 4 of this part, the Secretary shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for grants.
(
§7874. Minimum grant criteria
The Secretary may not approve an application for a grant under subpart 2 or 3 of this part unless the application is for a grant that is—
(1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant; and
(2) based on relevant research findings.
(
subpart 6—definitions; authorizations of appropriations
§7881. Definitions
As used in this part:
(1) Adult
The term "adult" means an individual who—
(A) has attained the age of 16 years; or
(B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law.
(2) Adult education
The term "adult education" has the meaning given such term in
(3) Free public education
The term "free public education" means education that is—
(A) provided at public expense, under public supervision and direction, and without tuition charge; and
(B) provided as elementary or secondary education in the applicable State or to preschool children.
(4) Indian
The term "Indian" means an individual who is—
(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including—
(i) any tribe or band terminated since 1940; and
(ii) any tribe or band recognized by the State in which the tribe or band resides;
(B) a descendant, in the first or second degree, of an individual described in subparagraph (A);
(C) considered by the Secretary of the Interior to be an Indian for any purpose;
(D) an Eskimo, Aleut, or other Alaska Native; or
(E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as it was in effect the day preceding October 20, 1994.
(
References in Text
The Indian Education Act of 1988 as it was in effect the day preceding October 20, 1994, referred to in par. (4)(E), is part C (§§5301–5352) of title V of
Amendments
1998—Par. (2).
Section Referred to in Other Sections
This section is referred to in
§7882. Authorizations of appropriations
(a) Subpart 1
For the purpose of carrying out subpart 1 of this part, there are authorized to be appropriated to the Department of Education $61,300,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.
(b) Subparts 2 through 4
For the purpose of carrying out subparts 2, 3, and 4 of this part, there are authorized to be appropriated to the Department of Education $26,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.
(c) Subpart 5
For the purpose of carrying out subpart 5 of this part, there are authorized to be appropriated to the Department of Education $3,775,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.
(
Section Referred to in Other Sections
This section is referred to in
Part B—Native Hawaiians
Prior Provisions
Provisions similar to those in this part were contained in
Part Referred to in Other Sections
This part is referred to in
§7901. Short title
This part may be cited as the "Native Hawaiian Education Act".
(
§7902. Findings
The Congress finds and declares as follows:
(1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as such by the United States, Britain, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation.
(2) At the time of the arrival of the first non-indigenous people in Hawai'i in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient subsistence social system based on a communal land tenure system with a sophisticated language, culture, and religion.
(3) A unified monarchial government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawai'i.
(4) From 1826 until 1893, the United States recognized the sovereignty and independence of the Kingdom of Hawai'i, which was established in 1810 under Kamehameha I, extended full and complete diplomatic recognition to the Kingdom of Hawai'i, and entered into treaties and conventions with the Kingdom of Hawai'i to govern friendship, commerce and navigation in 1826, 1842, 1849, 1875, and 1887.
(5) In 1893, the sovereign, independent, internationally recognized, and indigenous government of Hawai'i, the Kingdom of Hawai'i, was overthrown by a small group of non-Hawaiians, including United States citizens, who were assisted in their efforts by the United States Minister, a United States naval representative, and armed naval forces of the United States. Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawai'i, the Congress, on behalf of the people of the United States, apologized to Native Hawaiians for the overthrow and the deprivation of the rights of Native Hawaiians to self-determination through
(6) In 1898, the joint resolution entitled "A Joint Resolution to provide for annexing the Hawaiian Islands to the United States", approved July 7, 1898 (
(7) By 1919, the Native Hawaiian population had declined from an estimated 1,000,000 in 1778 to an alarming 22,600, and in recognition of this severe decline, the Congress in 1921 enacted the Hawaiian Homes Commission Act, 1920, which designated approximately 200,000 acres of ceded public lands for homesteading by Native Hawaiians.
(8) Through the enactment of the Hawaiian Homes Commission Act, 1920, the Congress affirmed the special relationship between the United States and the Native Hawaiians, as expressed by then Secretary of the Interior Franklin K. Lane, who was quoted in the committee report for the Hawaiian Homes Commission Act, 1920, as saying: "One thing that impressed me . . . was the fact that the natives of the island who are our wards, I should say, and for whom in a sense we are trustees, are falling off rapidly in numbers and many of them are in poverty.".
(9) In 1938, the United States Congress again acknowledged the unique status of the Hawaiian people by including in the Act of June 20, 1938 (
(10) Under the Act entitled "An Act to provide for the admission of the State of Hawai'i into the Union" approved March 18, 1959 (
(11) In 1959, under the Act entitled "An Act to provide for the admission of the State of Hawai'i into the Union", approved March 18, 1959 (
(12) The United States assumed special responsibilities for Native Hawaiian lands and resources at the time of the annexation of the Territory in 1898, upon adoption of the Hawaiian Homes Commission Act, 1920, and upon admission of the State of Hawai'i into the Union in 1959, and has retained certain of those responsibilities.
(13) In recognition of the special relationship which exists between the United States and the Native Hawaiian people, the Congress has extended to Native Hawaiians the same rights and privileges accorded to American Indian, Alaska Native, Eskimo, and Aleut communities under the Native American Programs Act of 1974 [
(14) In recognition of the special relationship which exists between the United States and the Native Hawaiian people, the Congress has enacted numerous special provisions of law for the benefit of Native Hawaiians in the areas of health, education, labor, and housing.
(15) In 1981, the Senate instructed the Office of Education to submit to the Congress a comprehensive report on Native Hawaiian education. The report, entitled the "Native Hawaiian Educational Assessment Project", was released in 1983 and documented that Native Hawaiians scored below parity with national norms on standardized achievement tests, were disproportionately represented in many negative social and physical statistics, indicative of special educational needs, and had educational needs which were related to their unique cultural situation, such as different learning styles and low self-image.
(16) In recognition of the educational needs of Native Hawaiians, in 1988, the Congress enacted title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 to authorize and develop supplemental educational programs to benefit Native Hawaiians.
(17) In 1993, the Kamehameha Schools Bishop Estate released a ten-year update of the Native Hawaiian Educational Assessment Project, which found that despite the successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of the same educational needs still exist for Native Hawaiians. For example—
(A) educational risk factors continue to start even before birth for many Native Hawaiian children, including—
(i) late or no prenatal care;
(ii) half of Native Hawaiian women who give birth are unmarried; and
(iii) high rates of births to teenage parents;
(B) Native Hawaiian students continue to begin their school experience lagging behind other students in terms of readiness factors such as vocabulary test scores;
(C) Native Hawaiian students continue to score below national norms on standardized education achievement tests at all grade levels;
(D) both public and private schools continue to show a pattern of lower percentages of Native Hawaiian students in the uppermost achievement levels and in gifted and talented programs;
(E) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild mental retardation, emotional impairment, and other such disabilities;
(F) Native Hawaiians continue to be underrepresented in institutions of higher education and among adults who have completed four or more years of college;
(G) Native Hawaiians continue to be disproportionately represented in many negative social and physical statistics, indicative of special educational needs, for example—
(i) Native Hawaiian students are more likely to be retained in grade level and to be excessively absent in secondary school;
(ii) Native Hawaiian students are the highest users of drugs and alcohol in the State of Hawai'i; and
(iii) Native Hawaiian children continue to be disproportionately victimized by child abuse and neglect; and
(H) Native Hawaiians now comprise over 23 percent of the students served by the State of Hawai'i Department of Education and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian population density.
(18) The findings described in paragraphs (1) through (17) are contrary to the high rate of literacy and integration of traditional culture and Western education achieved by Native Hawaiians through a Hawaiian language-based public school system established in 1840 by Kamehameha III.
(19) After the overthrow of the Kingdom of Hawai'i in 1893, Hawaiian medium schools were banned. After annexation, throughout the territorial and statehood period, and until 1986, use of Hawaiian as a medium of education in public schools was declared unlawful, thereby causing incalculable harm to a culture that placed a very high value on the power of language, as exemplified in the traditional saying: "I ka 'ōlelo no ke ola; I ka 'ōlelo no ka make. In the language rests life; In the language rests death.".
(20) Despite the consequences of over 100 years of nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions.
(21) The State of Hawai'i, in the constitution and statutes of the State of Hawai'i—
(A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language; and
(B) recognizes the traditional language of the Native Hawaiian people as an official language of the State of Hawai'i, which may be used as the language of instruction for all subjects and grades in the public school system.
(
References in Text
A Joint Resolution to provide for annexing the Hawaiian Islands to the United States, approved July 7, 1898, referred to in par. (6), is act July 7, 1898, No. 55,
The Hawaiian Homes Commission Act, 1920, referred to in pars. (7), (8), (11), and (12), is act July 9, 1921, ch. 42,
Act of June 20, 1938, referred to in par. (9), is act June 20, 1938, ch. 530,
An Act to provide for the admission of the State of Hawaii into the Union, referred to in pars. (10) and (11), is
The Native American Programs Act of 1974, referred to in par. (13), is title VIII of
The American Indian Religious Freedom Act, referred to in par. (13), is
The National Museum of the American Indian Act, referred to in par. (13), is
The Native American Graves Protection and Repatriation Act, referred to in par. (13), is
The National Historic Preservation Act, referred to in par. (13), is
The Native American Languages Act, referred to in par. (13), is title I of
The Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, referred to in pars. (16) and (17), is
§7903. Purpose
It is the purpose of this part to—
(1) authorize and develop supplemental educational programs to assist Native Hawaiians in reaching the National Education Goals;
(2) provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on Native Hawaiian education, through the establishment of a Native Hawaiian Education Council, and five island councils;
(3) supplement and expand existing programs and authorities in the area of education to further the purposes of the 1 subchapter; and
(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian Education Programs.
(
1 So in original. Probably should be "this".
§7904. Native Hawaiian Education Council and island councils
(a) Establishment of Native Hawaiian Education Council
In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs receiving funding under this part, the Secretary is authorized to establish a Native Hawaiian Education Council (hereafter in this part referred to as the "Education Council").
(b) Composition of Education Council
The Education Council shall consist of not more than 25 members, including a representative of—
(1) each recipient of funds from the Secretary under this part;
(2) the State of Hawai'i Department of Education;
(3) the State of Hawai'i Office of Hawaiian Affairs;
(4) Native Hawaiian educational organizations, such as Alu Like, Inc., Kamehameha Schools Bishop Estate, Hawaiian Language Immersion Advisory Council, Aha Punana Leo, and the Queen Lili'uokalani Trust and Children's Center; and
(5) each Native Hawaiian education island council established under subsection (f) of this section.
(c) Conditions and terms
At least three-fourths of the members of the Education Council shall be Native Hawaiians. Members of the Education Council shall be appointed for three-year terms.
(d) Administrative grant for Education Council
The Secretary shall make a direct grant to the Education Council in order to enable the Education Council to—
(1) coordinate the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part, and assess the extent to which such services and programs meet the needs of Native Hawaiians; and
(2) provide direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, on Native Hawaiian education.
(e) Additional duties of Education Council
(1) In general
The Education Council shall provide copies of any reports and recommendations issued by the Education Council to the Secretary, the Committee on Indian Affairs of the Senate, and the Committee on Education and Labor of the House of Representatives, including any information that the Education Council provides to the Secretary pursuant to subsection (i) of this section.
(2) Annual report
The Education Council shall present to the Secretary an annual report on the Education Council's activities.
(3) Island council support and assistance
The Education Council shall provide such administrative support and financial assistance to the island councils established pursuant to subsection (f) of this section as the Secretary deems appropriate.
(f) Establishment of island councils
(1) In general
In order to better effectuate the purposes of this part and to ensure the adequate representation of island and community interests within the Education Council, the Office of Hawaiian Affairs of the State of Hawai'i is authorized to facilitate the establishment of Native Hawaiian education island councils (hereafter in this part referred to as "island councils") for the following islands:
(A) Hawai'i.
(B) Maui and Lana'i.
(C) Moloka'i.
(D) Kaua'i and Ni'ihau.
(E) O'ahu.
(2) Composition of island councils
Each island council shall consist of parents, students, and other community members who have an interest in the education of Native Hawaiians, and shall be representative of the educational needs of all age groups, from preschool through adulthood. At least three-fourths of the members of each island council shall be Native Hawaiians 1
(g) Administrative provisions relating to Education Council and island councils
The Education Council and each island council shall meet at the call of the chairperson of the respective council, or upon the request of the majority of the members of the respective council, but in any event not less than four times during each calendar year. The provisions of the Federal Advisory Committee Act shall not apply to the Education Council and each island council.
(h) Compensation
Members of the Education Council and each island council shall not receive any compensation for services on the Education Council and each island council, respectively.
(i) Report
Not later than four years after October 20, 1994, the Secretary shall prepare and submit to the Committee on Indian Affairs of the Senate, and the Committee on Education and Labor of the House of Representatives, a report which summarizes the annual reports of the Education Council, describes the allocation and utilization of funds under this part, and contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part.
(j) Authorization of appropriations
There are authorized to be appropriated $500,000 for fiscal year 1995, and such sums as may be necessary for each of the 4 succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
References in Text
The Federal Advisory Committee Act, referred to in subsec. (g), is
Change of Name
Committee on Education and Labor of House of Representatives treated as referring to Committee on Economic and Educational Opportunities of House of Representatives by section 1(a) of
1 So in original. Probably should be followed by a period.
§7905. Native Hawaiian Family-Based Education Centers
(a) General authority
The Secretary is authorized to make direct grants, to Native Hawaiian educational organizations or educational entities with experience in developing or operating Native Hawaiian programs or programs of instruction conducted in the Native Hawaiian language, to expand the operation of Family-Based Education Centers throughout the Hawaiian Islands. The programs of such centers may be conducted in the Hawaiian language, the English language, or a combination thereof, and shall include—
(1) parent-infant programs for prenatal through three-year-olds;
(2) preschool programs for four- and five-year-olds;
(3) continued research and development; and
(4) a long-term followup and assessment program, which may include educational support services for Native Hawaiian language immersion programs or transition to English speaking programs.
(b) Administrative costs
Not more than 7 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(c) Authorization of appropriations
In addition to any other amount authorized to be appropriated for the centers described in subsection (a) of this section, there are authorized to be appropriated $6,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
§7906. Native Hawaiian higher education program
(a) General authority
(1) In general
The Secretary is authorized to make direct grants, to Native Hawaiian educational organizations or educational entities with experience in developing or operating Native Hawaiian programs or programs of instruction conducted in the Native Hawaiian language, to enable such organizations or entities to provide a program of baccalaureate and post-baccalaureate fellowship assistance to Native Hawaiian students.
(2) Activities
Such program may include—
(A) full or partial fellowship support for Native Hawaiian students enrolled at two- or four-year degree granting institutions of higher education with awards to be based on academic potential and financial need; and
(B) full or partial fellowship support for Native Hawaiian students enrolled at post-baccalaureate degree granting institutions of higher education with priority given to providing fellowship support for professions in which Native Hawaiians are underrepresented and with fellowship awards to be based on academic potential and financial need;
(C) counseling and support services for students receiving fellowship assistance under paragraph (1);
(D) college preparation and guidance counseling at the secondary school level for students who may be eligible for fellowship support pursuant to subsection (a)(2)(A) of this section;
(E) appropriate research and evaluation of the activities authorized by this section; and
(F) implementation of faculty development programs for the improvement and matriculation of Native Hawaiian students.
(b) Special conditions required
For the purpose of fellowships awarded under subsection (a) of this section, fellowship conditions shall be established whereby fellowship recipients obtain an enforceable contract obligation to provide their professional services, either during the fellowship period or upon completion of a baccalaureate or post-baccalaureate degree program, to the Native Hawaiian community.
(c) Special rule
No policy shall be made in implementing this section to prevent a Native Hawaiian student enrolled at an accredited two- or four-year degree granting institution of higher education outside of the State of Hawai'i from receiving a fellowship pursuant to subsections (a) and (b) of this section.
(d) Administrative costs
Not more than 7 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(e) Authorization of appropriations
There are authorized to be appropriated $2,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
§7907. Native Hawaiian gifted and talented program
(a) General authority
The Secretary is authorized to make a grant, to a Native Hawaiian educational organization or an educational entity with experience in developing or operating Native Hawaiian programs or programs of instruction conducted in the Native Hawaiian language, for a gifted and talented program designed to—
(1) address the special needs of Native Hawaiian elementary and secondary school students who are gifted and talented students; and
(2) provide those support services to the families of such students that are needed to enable such students to benefit from the program.
(b) Uses of funds
The program funded under this section may include—
(1) the identification of the special needs of Native Hawaiian gifted and talented students, particularly with respect to—
(A) the emotional and psychosocial needs of such students; and
(B) the provision of those support services to the families of such students that are needed to enable such students to benefit from the program;
(2) the conduct of educational, psychosocial, and developmental activities which hold reasonable promise of resulting in substantial progress toward meeting the educational needs of such students, including demonstrating and exploring the use of the Native Hawaiian language and exposure to Native Hawaiian cultural traditions;
(3) leadership programs designed to—
(A) replicate programs throughout the State of Hawai'i for gifted and talented students who are not served under this section; and
(B) coordinate with other Native American gifted and talented leadership programs, including the dissemination of information derived from the program conducted under this section; and
(4) appropriate research, evaluation, and related activities pertaining to—
(A) the needs of such students; and
(B) the provision of those support services to the families of such students that are needed to enable such students to benefit from the program.
(c) Information provision
The Secretary is authorized to facilitate the establishment of a national network of Native Hawaiian and American Indian Gifted and Talented Centers, and ensure that the information developed by these centers shall be readily available to the educational community at large.
(d) Administrative costs
Not more than 7 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(e) Authorization of appropriations
In addition to any other amount authorized to be appropriated for the program described in this section, there are authorized to be appropriated $1,500,000 for fiscal year 1995, and such sums as may be necessary for each of the 4 succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
§7908. Native Hawaiian special education program
(a) General authority
The Secretary is authorized to make grants to, or enter into contracts with, Native Hawaiian educational organizations or educational entities with experience in developing or operating Native Hawaiian programs or programs of instruction conducted in the Native Hawaiian language, to operate a program to address the special education needs of Native Hawaiian students. Such program may include—
(1) the identification of Native Hawaiian students with disabilities or who are otherwise in need of special educational services;
(2) the identification of the special education needs of such students, particularly with respect to—
(A) the emotional and psychosocial needs of such students; and
(B) the provision of those support services to the families of such students that are needed to enable such students to benefit from the program;
(3) the conduct of educational activities consistent with part B of the Education of Individuals with Disabilities Education Act [
(4) the conduct of educational, psychosocial, and developmental activities which hold reasonable promise of resulting in substantial progress toward meeting the educational needs of such students, including demonstrating and exploring the use of the Native Hawaiian language and exposure to Native Hawaiian cultural traditions; and
(5) appropriate research, evaluation, and related activities pertaining to—
(A) the needs of such students;
(B) the provision of those support services to the families of such students that are needed to enable such student to benefit from the program; and
(C) the outcomes and benefits of activities assisted under this section upon such students.
(b) Administrative costs
Not more than 7 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(c) Authorization of appropriations
In addition to any other amount authorized to be appropriated for the program described in this section, there are authorized to be appropriated $2,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
References in Text
The Education of Individuals with Disabilities Education Act, referred to in subsec. (a)(3), probably means the Individuals with Disabilities Education Act, which is title VI of
§7909. Native Hawaiian curriculum development, teacher training and recruitment program
(a) General authority
The Secretary is authorized to make direct grants, to Native Hawaiian educational organizations or educational entities with experience in developing or operating Native Hawaiian programs or programs of instruction conducted in the Native Hawaiian language, for the following purposes:
(1) Curricula
The development of curricula to address the needs of Native Hawaiian students, particularly elementary and secondary school students, which may include programs of instruction conducted in the Native Hawaiian language, and mathematics and science curricula incorporating the relevant application of Native Hawaiian culture and traditions.
(2) Preteacher training
The development and implementation of preteacher training programs in order to ensure that student teachers within the State of Hawai'i, particularly student teachers who are likely to be employed in schools with a high concentration of Native Hawaiian students, are prepared to better address the unique needs of Native Hawaiian students, within the context of Native Hawaiian culture, language and traditions.
(3) Inservice teacher training
The development and implementation of inservice teacher training programs, in order to ensure that teachers, particularly teachers employed in schools with a high concentration of Native Hawaiian students, are prepared to better address the unique needs of Native Hawaiian students, within the context of Native Hawaiian culture, language and traditions.
(4) Teacher recruitment
The development and implementation of teacher recruitment programs to meet the objectives of—
(A) enhancing teacher recruitment within communities with a high concentration of Native Hawaiian students; and
(B) increasing the numbers of teachers who are of Native Hawaiian ancestry.
(b) Priority
In awarding grants under this section, the Secretary shall give priority to awarding grants for activities described in subsection (a) of this section that—
(1) focus on the needs of at-risk youth; or
(2) employ a program of instruction conducted in the Native Hawaiian language, except that entities receiving grants awarded pursuant to subsection (a)(2) of this section shall coordinate in the development of new curricula.
(c) Administrative costs
Not more than 7 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(d) Authorization of appropriations
There are authorized to be appropriated $2,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
§7910. Native Hawaiian community-based education learning centers
(a) General authority
The Secretary is authorized to make direct grants, to collaborative efforts between community-based Native Hawaiian organizations and community colleges, to develop, establish, and operate a minimum of three community-based education learning centers.
(b) Purpose
The learning centers described in subsection (a) of this section shall meet the needs of families and communities through interdepartmental and interagency coordination of new and existing public and private programs and services, which may include—
(1) preschool programs;
(2) after-school programs; and
(3) vocational and adult education programs.
(c) Administrative costs
Not more than 7 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(d) Authorization of appropriations
There are authorized to be appropriated $1,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
§7911. Administrative provisions
(a) Application required
No grant may be made under this part, nor any contract be entered into under this part, unless an application is submitted to the Secretary in such form, in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of this subchapter.
(b) Special rule
Each application submitted under this subchapter shall be accompanied by the comments of each local educational agency serving students who will participate in the project for which assistance is sought.
(
§7912. Definitions
For the purposes of this part—
(1) The term "Native Hawaiian" means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawai'i, as evidenced by—
(i) genealogical records;
(ii) Kūpuna (elders) or Kama'āina (long-term community residents) verification; or
(iii) certified birth records.
(2) The term "Native Hawaiian educational organization" means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organization;
(C) has a demonstrated expertise in the education of Native Hawaiian youth; and
(D) has demonstrated expertise in research and program development.
(3) The term "Native Hawaiian Organization" means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organizations; and
(C) is recognized by the Governor of Hawai'i for the purpose of planning, conducting, or administering programs (or portions of programs) for the benefit of Native Hawaiians.
(4) The term "Native Hawaiian language" means the single Native American language indigenous to the original inhabitants of the State of Hawai'i.
(5) The term "Office of Hawaiian Affairs" means the Office of Hawaiian Affairs established by the Constitution of the State of Hawai'i.
(6) The term "Native Hawaiian community-based organization" means any organization which is composed primarily of Native Hawaiians from a specific community and which assists in the social, cultural and educational development of Native Hawaiians in that community.
(
Section Referred to in Other Sections
This section is referred to in
Part C—Alaska Native Education
§7931. Short title
This part may be cited as the "Alaska Native Educational Equity, Support and Assistance Act".
(
§7932. Findings
The Congress finds and declares:
(1) The attainment of educational success is critical to the betterment of the conditions, long-term well-being and preservation of the culture of Alaska Natives.
(2) It is the policy of the Federal Government to encourage the maximum participation by Alaska Natives in the planning and the management of Alaska Native education programs.
(3) Alaska Native children enter and exit school with serious educational handicaps.
(4) The educational achievement of Alaska Native children is far below national norms. In addition to low Native performance on standardized tests, Native student dropout rates are high, and Natives are significantly underrepresented among holders of baccalaureate degrees in the State of Alaska. As a result, Native students are being denied their opportunity to become full participants in society by grade school and high school educations that are condemning an entire generation to an underclass status and a life of limited choices.
(5) The programs authorized herein, combined with expanded Head Start, infant learning and early childhood education programs, and parent education programs are essential if educational handicaps are to be overcome.
(6) The sheer magnitude of the geographic barriers to be overcome in delivering educational services in rural and village Alaska should be addressed through the development and implementation of innovative, model programs in a variety of areas.
(7) Congress finds that Native children should be afforded the opportunity to begin their formal education on a par with their non-Native peers. The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.
(
§7933. Purpose
It is the purpose of this part to—
(1) recognize the unique educational needs of Alaska Natives;
(2) authorize the development of supplemental educational programs to benefit Alaska Natives;
(3) supplement existing programs and authorities in the area of education to further the purposes of this part; and
(4) provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives.
(
§7934. Alaska Native educational planning, curriculum development, teacher training and recruitment program
(a) General authority
The Secretary shall make direct grants to Alaska Native organizations or educational entities with experience in developing or operating Alaska Native programs or programs of instruction conducted in Alaska Native languages, or to partnerships involving Alaska Native organizations, for the following purposes:
(1) Educational planning
The consolidation of existing educational plans, recommendations and research into implementation methods and strategies to improve schooling for Alaska Natives.
(2) Implementation of educational plans
The adoption and implementation of specific educational plans developed under subsection 1 (1) above.
(3) Curricula
The development of curricula to address the needs of Alaska Native students, particularly elementary and secondary school students, which may include innovative programs and pilot and demonstration programs to develop and introduce curriculum materials that reflect cultural diversities or the contributions of Alaska Native people, programs of instruction conducted in Native languages, and the development of networks to introduce successful techniques, programs and curriculum materials to rural and urban schools, including:
(A) multimedia social studies curricula which fully and accurately portray the role of Native Americans historically and contemporarily; and
(B) curricula and teaching materials for instructions in Native languages.
(4) Preteacher training
The development and implementation of preteacher training programs in order to ensure that student teachers within the State of Alaska, particularly student teachers who are likely to be employed in schools with a high concentration of Alaska Native students, are prepared to better address the cultural diversity and unique needs of Alaska Native students;
(5) Teacher recruitment
The development and implementation of teacher recruitment programs to meet the objectives of—
(A) increasing the numbers of teachers who are Alaska Natives;
(B) enhancing teacher recruitment within communities with a high concentration of Alaska Native students; and
(C) improving the teacher selection processes in order to recruit teachers who are more positively responsive to rural conditions and who are suited for effective cross-cultural instruction.
(6) Inservice teacher training
The development and implementation of inservice teacher training programs in order to ensure that teachers are prepared to better address the unique needs of Alaska Native students.
(b) Administrative costs
Not more than 10 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(c) Authorization of appropriations
There are authorized to be appropriated $5,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
1 So in original. Probably should be "paragraph".
§7935. Alaska Native home based education for preschool children
(a) General authority
The Secretary shall make direct grants to Alaska Native organizations or educational entities with experience in developing or operating Alaska Native programs, or to partnerships involving Alaska Native organizations, to implement home instruction programs for Alaska Native preschool youngsters. The objective of such programs shall be to develop parents as educators for their children and to assure the active involvement of parents in the education of their children from the earliest ages.
(b) Program elements
Home based education programs for Alaska Native children shall include—
(1) parent-infant programs for prenatal through three-year olds;
(2) preschool programs for four- and five-year olds;
(3) training, education and support programs to teach parents skills in observation, reading readiness, story telling and critical thinking;
(4) continued research and development; and
(5) a long-term followup and assessment program.
(c) Eligibility of HIPPY programs
Programs based on the HIPPY (Home Instruction Program for Preschool Youngsters) model shall be eligible for funding under this section.
(d) Administrative costs
Not more than 10 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(e) Authorization of appropriations
There is authorized to be appropriated $2,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
§7936. Alaska Native student enrichment programs
(a) General authority
The Secretary shall make a grant or grants to Alaska Native educational organizations or educational entities with experience in developing or operating Alaska Native programs, or to partnerships including Alaska Native organizations, for enrichment programs for Alaska Native students in the areas of science and mathematics education. The programs shall be designed to—
(1) prepare qualified students from rural areas who are preparing to enter village high schools to excel in science and mathematics; and
(2) provide those support services to the families of such students that are needed to enable such students to benefit from the program.
(b) Uses of funds
The program funded under this section may include—
(1) the identification of the students eligible to participate in the program;
(2) the conduct of educational, psychosocial, and developmental activities which hold reasonable promise of resulting in substantial enrichment of the educational performance of the participating students;
(3) leadership programs designed to provide for the replication of the program in other subject matter areas and the dissemination of information derived from the program; and
(4) appropriate research, evaluation and related activities pertaining to the benefits of such enrichment programs.
(c) Administrative costs
Not more than 10 percent of the funds appropriated to carry out the provisions of this section for any fiscal year may be used for administrative purposes.
(d) Authorization of appropriations
There are authorized to be appropriated $1,000,000 for fiscal year 1995, and such sums as may be necessary for each of the four succeeding fiscal years, to carry out this section. Funds appropriated under the authority of this subsection shall remain available until expended.
(
§7937. Administrative provisions
(a) Application required
No grant may be made under this part, nor any contract be entered into under this part, unless an application is submitted to the Secretary in such form, in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of this part.
(b) Applications by local school districts or State educational entities
Local school districts or State educational entities shall apply for funding under this part in partnership with Alaska Native organizations.
(c) Consultation required
Each applicant for funding shall provide for ongoing advice from and consultation with representatives of the Alaska Native community.
(d) Local educational agency coordination
Each local educational agency serving students who will participate in the program for which assistance is sought shall be informed regarding each application submitted under this part, except that approval by or concurrence from such local educational agency shall not be required.
(e) Implementation of authorities
The Secretary shall expeditiously obligate funds appropriated as provided in this part.
(
§7938. Definitions
For purposes of this part—
(1) the term "Alaska Native" has the same meaning as the term "Native" has in
(2) the term "Alaska Native organization" means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and other Alaska Native organizations that—
(A) has or commits to acquire expertise in the education of Alaska Natives; and
(B) has Alaska Natives in substantive and policymaking positions within the organization.
(
Section Referred to in Other Sections
This section is referred to in