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20 U.S.C. § 7452 — Grants to tribes for education administrative planning, development, and coordination

submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 676 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may give grants for tribal education planning, administration, development, and coordination. The section defines eligible applicants, limits the grant periods and uses, and bars direct services.

(a) In general. The Secretary may give grants to eligible applicants to promote tribal self-determination in education, improve Indian children’s and youths’ academic achievement, and help tribal educational agencies coordinate with State and local educational agencies to meet Indian students’ unique educational and cultural needs. (b) Definitions. (1) “Eligible applicant” means an Indian tribe or tribal organization approved by an Indian tribe, or a tribal educational agency. (2) “Indian tribe” means a federally recognized or State-recognized tribe. (3) “Tribal educational agency” means an Indian tribe’s agency, department, or instrumentality primarily responsible for supporting the tribe’s elementary and secondary students. (c) Grant program. The Secretary may give grants—(1) for no more than one year to an eligible applicant under (b)(1)(A) to plan and develop a tribal educational agency when the tribe or organization has none; and (2) for no more than three years to an applicant under (b)(1)(B) to—(A) directly administer education programs, including formula grants under this chapter, consistently with State law and a written agreement; (B) build capacity to administer and coordinate those programs and improve coordination with the State and local agencies serving tribal students; (C) receive training and support from those agencies in data, grants, fiscal accountability, monitoring, and needed areas; (D) train and support those agencies about tribal history, language, and culture; (E) build on existing activities or resources instead of replacing other funds; and (F) conduct other activities consistent with this section. (d) Grant application. (1) An applicant must apply when and how the Secretary reasonably requires. (2) The application must state the activities and objectives, explain how effectiveness and achievement will be evaluated, and, for subsection (c)(2) activities, show a preliminary agreement with the appropriate State or local agency and existing tribal-agency capacity. (3) The Secretary may approve an application only if it shows consultation with affected education entities in the applicant’s territory, provides for their consultation during operation and evaluation, and shows enough resources from this section or elsewhere to finish the work. (e) Restrictions. (1) A tribe receiving funds under section 1140 of the Education Amendments of 1978 may not receive funds under this section. (2) These funds may not provide direct services. (f) Supplement, not supplant. These funds must supplement, not replace, other Federal, State, and local programs serving tribal students.

the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to—

(1)

promote tribal self-determination in education;

(2)

improve the academic achievement of Indian children and youth; and

(3)

promote the coordination and collaboration of tribal educational agencies with State educational agencies and local educational agencies to meet the unique educational and culturally related academic needs of Indian students.

(b) Definitions

In this section:

(1) Eligible applicant

In this section, the term “eligible applicant” means—

(A)

an Indian tribe or tribal organization approved by an Indian tribe; or

(B)

a tribal educational agency.

(2) Indian tribe

The term “Indian tribe” means a federally recognized tribe or a State-recognized tribe.

(3) Tribal educational agency

The term “tribal educational agency” means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education.

(c) Grant program

The Secretary may award grants to—

(1)

eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and

(2)

eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to—

(A)

directly administer education programs, including formula grant programs under this chapter, consistent with State law and under a written agreement between the parties;

(B)

build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe;

(C)

receive training and support from the State educational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed;

(D)

train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture;

(E)

build on existing activities or resources rather than replacing other funds; and

(F)

carry out other activities, consistent with the purposes of this section.

(d) Grant application
(1) In general

Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably prescribe.

(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;

(B)

a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are achieved; and

(C)

for applications for activities under subsection (c)(2), evidence of—

(i)

a preliminary agreement with the appropriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and

(ii)

existing capacity as a tribal educational agency.

(3) Approval

The Secretary may approve an application submitted by an eligible applicant under this subsection if the application, including any documentation submitted with the application—

(A)

demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that 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.

(e) Restrictions
(1) In general

An Indian tribe may not receive funds under this section if the tribe receives funds under section 1140 of the Education Amendments of 1978 (20 U.S.C. 2020).1

(2) Direct services

No funds under this section may be used to provide direct services.

(f) Supplement, not supplant

Funds under this section shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students.

Source credit: (Pub. L. 89–10, title VI, § 6132, formerly title VII, § 7135, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1928; renumbered title VI, § 6135, renumbered § 6132, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(n)(2), (p), Dec. 10, 2015, 129 Stat. 2046, 2057, 2060.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 89-10 · 115 Stat. 1928
  • 2015Amended · Pub. L. 114-95 · 129 Stat. 2046, 2057, 2060

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-10 on 2002-01-08.

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