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20 U.S.C. § 7514Native Hawaiian Education Council

submitted 24 years ago by Pub. L. 89-10 to r/title-20-EDUCATION · 1,270 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Education must give a grant to a 15-member Native Hawaiian Education Council. The Council coordinates Native Hawaiian education programs, gathers data, advises agencies, and holds community meetings across the Hawaiian islands. Council members cannot receive grant money themselves.

(a) Grant authorized: To better coordinate the educational and related services and programs available to Native Hawaiians — including programs funded under this part — the Secretary must award a grant to the education council described in (b). (b) Education Council: (1) Eligibility — to get the grant, the council must meet the requirements below. (2) Composition — the Education Council has 15 members: the President of the University of Hawaii (or designee); the Governor of Hawaii (or designee); the Superintendent of the Hawaii Department of Education (or designee); the chairperson of the Office of Hawaiian Affairs (or designee); the executive director of Hawaii's Charter School Network (or designee); the chief executive officer of the Kamehameha Schools (or designee); the chief executive officer of the Queen Liliuokalani Trust (or designee); one member the Secretary appoints from a list of 5 people representing private grant-making entities, submitted by the Council; the Mayor of the County of Hawaii (or designee); the Mayor of Maui County (or a designee from the Island of Maui); the Mayor of the County of Kauai (or designee); one member the Secretary appoints from a list of 5 people from the Island of Molokai or Lanai, submitted by the Mayor of Maui County; the Mayor of the City and County of Honolulu (or designee); the chairperson of the Hawaiian Homes Commission (or designee); and the chairperson of the Hawaii Workforce Development Council (or a private-sector designee). (3) Requirements — any designee must show, as judged by whoever appointed them with input from the Native Hawaiian community, at least 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due weight. (4) Limitation — while serving, a member (including a designee) cannot directly receive or administer grant funds awarded under this part. (5) Term of members — a designee member serves no more than 4 years. (6) Chair and Vice Chair — the Council selects its own Chairperson and Vice Chairperson from among its members, each serving a 2-year term. (7) Administrative provisions — the Council meets when the Chairperson calls a meeting, or when a majority of members request one, but no less often than every 120 days. (8) No compensation — none of the grant funds may pay any Council member, or member of a Council working group, for their duties described in this section. (c) Use of funds for coordination activities: The Council must use grant funds to: (1) advise on coordinating, and serve as a clearinghouse for, Native Hawaiian educational and related services and programs, including those assisted under this part; (2) assess how well those services and programs meet Native Hawaiians' needs, and collect data on the status of Native Hawaiian education; (3) provide direction and guidance, through reports and recommendations, to appropriate federal, state, and local agencies to focus and improve resource use — including resources under this part — for Native Hawaiian education, and serve in an advisory capacity where appropriate; (4) award grants, if doing so enables the Council to carry out (1) through (3); and (5) hire an executive director to help carry out the Council's duties and powers under subsection (d). (d) Use of funds for technical assistance: The Council must use grant funds to: (1) give technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; (2) obtain from those grantees information and data about grants awarded under this part, including data on their effectiveness in meeting the Council's educational priorities under (6)(D), and their effectiveness carrying out activities described in section 7515(a)(3) tied to each grantee's specific project goals — all using related metrics; (3) assess and define the educational needs of Native Hawaiians; (4) assess the programs and services available to address those needs; (5) assess and evaluate the individual and combined impact grantees have had on improving Native Hawaiian educational performance and meeting this part's goals, using related metrics; and (6) submit an annual report to the Secretary, at the end of each calendar year, containing: (A) a description of the Council's activities during the year; (B) a description of significant barriers to achieving this part's goals; (C) a summary of each community consultation session described in subsection (e); and (D) recommendations to set funding priorities under this part, based on assessing the educational needs of Native Hawaiians, the programs and services available to meet those needs, program effectiveness at improving Native Hawaiian students' performance against the challenging state academic standards under section 6311(b)(1), and priorities for specific geographic communities. (e) Use of funds for community consultations: The Council must use grant funds to hold at least one community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, where: (1) at least 3 Council members must attend; (2) the Council gathers community input on current grantees under this part, on the priorities and needs of Native Hawaiians, and on other Native Hawaiian education issues; and (3) the Council reports to the community on the outcomes of grant-funded activities. (f) Funding: For each fiscal year, the Secretary uses the amount described in section 7515(c)(2) to make a payment under this grant. The grant funds remain available until expended.
the actual law source: uscode.house.gov ↗public domain
(a) Grant authorized

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 that receive funding under this part, the Secretary shall award a grant to the education council described under subsection (b).

(b) Education Council
(1) Eligibility

To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the “Education Council”) that meets the requirements of this subsection.

(2) Composition

The Education Council shall consist of 15 members, of whom—

(A)

1 shall be the President of the University of Hawaii (or a designee);

(B)

1 shall be the Governor of the State of Hawaii (or a designee);

(C)

1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee);

(D)

1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee);

(E)

1 shall be the executive director of Hawaii’s Charter School Network (or a designee);

(F)

1 shall be the chief executive officer of the Kamehameha Schools (or a designee);

(G)

1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee);

(H)

1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who represent one or more private grant-making entities that is submitted to the Secretary by the Education Council;

(I)

1 shall be the Mayor of the County of Hawaii (or a designee);

(J)

1 shall be the Mayor of Maui County (or a designee from the Island of Maui);

(K)

1 shall be the Mayor of the County of Kauai (or a designee);

(L)

1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who are from the Island of Molokai or the Island of Lanai that is submitted to the Secretary by the Mayor of Maui County;

(M)

1 shall be the Mayor of the City and County of Honolulu (or a designee);

(N)

1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and

(O)

1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector).

(3) Requirements

Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration.

(4) Limitation

A member (including a designee), while serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under this part.

(5) Term of members

A member who is a designee shall serve for a term of not more than 4 years.

(6) Chair; Vice Chair
(A) Selection

The Education Council shall select a Chairperson and a Vice Chairperson from among the members of the Education Council.

(B) Term limits

The Chairperson and Vice Chairperson shall each serve for a 2-year term.

(7) Administrative provisions relating to Education Council

The Education Council shall meet at the call of the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days.

(8) No compensation

None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section.

(c) Use of funds for coordination activities

The Education Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities:

(1)

Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part.

(2)

Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education.

(3)

Providing 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, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity.

(4)

Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3).

(5)

Hiring an executive director, who shall assist in executing the duties and powers of the Education Council, as described in subsection (d).

(d) Use of funds for technical assistance

The Education Council shall use funds made available through a grant under subsection (a) to—

(1)

provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part;

(2)

obtain from such grantees information and data regarding grants awarded under this part, including information and data about—

(A)

the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and

(B)

the effectiveness of such grantees in carrying out any of the activities described in paragraph (3) of section 7515(a) of this title that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these goals and purposes;

(3)

assess and define the educational needs of Native Hawaiians;

(4)

assess the programs and services available to address the educational needs of Native Hawaiians;

(5)

assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and

(6)

prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains—

(A)

a description of the activities of the Education Council during the calendar year;

(B)

a description of significant barriers to achieving the goals of this part;

(C)

a summary of each community consultation session described in subsection (e); and

(D)

recommendations to establish priorities for funding under this part, based on an assessment of—

(i)

the educational needs of Native Hawaiians;

(ii)

programs and services available to address such needs;

(iii)

the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State academic standards under section 6311(b)(1) of this title; and

(iv)

priorities for funding in specific geographic communities.

(e) Use of funds for community consultations

The Education Council shall use funds made available through the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which—

(1)

not fewer than 3 members of the Education Council shall be in attendance;

(2)

the Education Council shall gather community input regarding—

(A)

current grantees under this part, as of the date of the consultation;

(B)

priorities and needs of Native Hawaiians; and

(C)

other Native Hawaiian education issues; and

(3)

the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part.

(f) Funding

For each fiscal year, the Secretary shall use the amount described in section 7515(c)(2) of this title, to make a payment under the grant. Funds made available through the grant shall remain available until expended.

Source credit: (Pub. L. 89–10, title VI, § 6204, formerly title VII, § 7204, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1937; renumbered title VI, § 6204, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6003(b), Dec. 10, 2015, 129 Stat. 2046, 2063.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 89-10 · 115 Stat. 1937
  • 2015Amended · Pub. L. 114-95 · 129 Stat. 2046, 2063

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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