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).
(
§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.
(