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20 U.S.C. § 3423c — Office of Indian Education
Federal law — U.S. Code and appendices · legal_authorities
**(a) Office of Indian Education** There shall be an Office of Indian Education (referred to in this section as “the Office”) in the Department of Education.
**(b) Director**
(1) **Appointment and reporting** — The Office shall be under the direction of the Director, who shall be appointed by the Secretary and who shall report directly to the Assistant Secretary for Elementary and Secondary Education.
(2) **Duties** — The Director shall—
(A) be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7401&num=0&edition=prelim) et seq.];
(B) be involved in, and be primarily responsible for, the development of all policies affecting Indian children and adults under programs administered by the Office of Elementary and Secondary Education;
(C) coordinate the development of policy and practice for all programs in the Department relating to Indian persons; and
(D) assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities related to the education of Indian persons.
**(c) Indian preference in employment**
(1) **In general** — The Secretary shall give a preference to Indian persons in all personnel actions in the Office.
(2) **Implementation** — Such preference shall be implemented in the same fashion as the preference given to any veteran under [section 45 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section45&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-20/section-3423c-office-of-indian-education--ff2ac8b3b3.md
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Source location: Title 20, Chapter 48, § 3423c; chapter-048-department-of-education.md
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**(a) Office of Indian Education** There shall be an Office of Indian Education (referred to in this section as “the Office”) in the Department of Education.
**(b) Director**
(1) **Appointment and reporting** — The Office shall be under the direction of the Director, who shall be appointed by the Secretary and who shall report directly to the Assistant Secretary for Elementary and Secondary Education.
(2) **Duties** — The Director shall—
(A) be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7401&num=0&edition=prelim) et seq.];
(B) be involved in, and be primarily responsible for, the development of all policies affecting Indian children and adults under programs administered by the Office of Elementary and Secondary Education;
(C) coordinate the development of policy and practice for all programs in the Department relating to Indian persons; and
(D) assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities related to the education of Indian persons.
**(c) Indian preference in employment**
(1) **In general** — The Secretary shall give a preference to Indian persons in all personnel actions in the Office.
(2) **Implementation** — Such preference shall be implemented in the same fashion as the preference given to any veteran under [section 45 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section45&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of 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) **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.
(3) **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 in effect the day preceding October 20, 1994.
(4) **Traditional leaders** — The term “traditional leaders” has the meaning given the term in [section 2902 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2902&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and function** There is established a Federal Interagency Committee on Education (hereafter referred to in this section as the “Committee”). The Committee shall assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal departments and agencies are fully coordinated.
**(b) Coordination of Federal programs, policies and practices** The Committee shall study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting education, including—
(1) consistent administration and development of policies and practices among Federal agencies in the conduct of related programs;
(2) full and effective communication among Federal agencies to avoid unnecessary duplication of activities and repetitive collection of data;
(3) full and effective cooperation with the Secretary on such studies and analyses as are necessary to carry out the purposes of this chapter;
(4) coordination of related programs to assure that recipients of Federal assistance are efficiently and responsively served; and
(5) full and effective involvement and participation of students and parents in Federal education programs.
**(c) Membership** The Committee shall be composed of the Secretary, who shall chair the Committee, and senior policy making officials from those Federal agencies, commissions, and boards that the President may find appropriate.
**(d) Designation of additional persons to attend meetings** The Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, the Director of the Office of Science and Technology Policy, and the Executive Director of the Domestic Policy Staff may each designate a staff memb
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3424
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
There shall be in the Department of Education the Institute of Education Sciences, which shall be administered in accordance with the Education Sciences Reform Act of 2002 [[20 U.S.C. 9501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9501&num=0&edition=prelim) et seq.] by the Director appointed under section 114(a) of that Act [[20 U.S.C. 9514(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section9514/a&num=0&edition=prelim)].
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3419
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Federal law — U.S. Code and appendices · legal_authorities
In all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 45
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2641, Pub. L. 100–297, title V, § 5341, Apr. 28, 1988, 102 Stat. 411; Pub. L. 100–427, § 21, Sept. 9, 1988, 102 Stat. 1612, related to establishment of Office of Indian Education within Department of Education. See [section 3423c of Title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3423c&num=0&edition=prelim), Education.
Section 2642, Pub. L. 100–297, title V, § 5342, Apr. 28, 1988, 102 Stat. 412; Pub. L. 100–427, § 22, Sept. 9, 1988, 102 Stat. 1613, established National Advisory Council on Indian Education.
Section 2643, Pub. L. 100–297, title V, § 5343, Apr. 28, 1988, 102 Stat. 413, authorized appropriations for administration of Indian education programs. See [section 7882 of Title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7882&num=0&edition=prelim), Education.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2641 to 2643
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Federal law — U.S. Code and appendices · legal_authorities
Page 1168
TITLE 20—EDUCATION
§ 3423b
2468e, and 3423a of this title, and subchapter III of chap-
ter 20 of Title 25, Indians, amending sections 2301, 2311
to 2313, 2321 to 2324, 2352, 2361 to 2363, 2382, 2391, 2392,
2401 to 2404, 2421 to 2423, 2451, 2463, and 2471 of this title,
section 1812 of Title 25, and sections 49f, 1533, 1604, and
1661c of Title 29, Labor, repealing sections 1131, 2371 to
2373, 2376 to 2378, 2431, 2462, 2464, 2465, and 3423 of this
title, and amending provisions set out as a note under
section 2301 of this title] shall take effect on July 1,
1991.
‘‘(b) SPECIAL RULE.—Sections 3, 115, 116, 504, and 512
and part H of title III of the Carl D. Perkins Vocational
and Applied Technology Education Act [former sec-
tions 2302, 2325, 2326, 2466a, and 2468a of this title and
former part H (§ 2397 et seq.) of subchapter III of chap-
ter 44 of this title] (as amended by this Act) shall take
effect upon the enactment of this Act [Sept. 25, 1990].’’
§ 3423b. Office of Non-Public Education
There shall be in the Department an Office of
Non-Public Education to ensure the maximum
potential participation of non-public school stu-
dents in all Federal educational programs for
which such students are eligible.
(Pub. L. 96–88, title II, § 214, as added Pub. L.
103–382, title II, § 271(c), Oct. 20, 1994, 108 Stat.
3929.)
Editorial Notes
PRIOR PROVISIONS
A prior section 214 of Pub. L. 96–88 was renumbered
section 212 and is classified to section 3423a of this
title.
Another prior section 214 of Pub. L. 96–88 was renum-
bered section 217 and is classified to section 3424 of this
title.
§ 3423c. Office of Indian Education
(a) Office of Indian Education
There shall be an Office of Indian Education
(referred to in this section as ‘‘the Office’
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 3423c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1534
TITLE 20—EDUCATION
§ 7401
(§ 7301 et seq.) of this chapter, was redesignated title V
of the Act by Pub. L. 114–95, title V, § 5001(a), Dec. 10,
2015, 129 Stat. 2039, and transferred to subchapter V
(§ 7305 et seq.) of this chapter.
PART A—INDIAN EDUCATION
§ 7401. Statement of policy
It is the policy of the United States to fulfill
the Federal Government’s unique and con-
tinuing trust relationship with and responsi-
bility to the Indian people for the education of
Indian children. The Federal Government will
continue to work with local educational agen-
cies, Indian tribes and organizations, postsec-
ondary institutions, and other entities toward
the goal of ensuring that programs that serve
Indian children are of the highest quality and
provide for not only the basic elementary and
secondary educational needs, but also the
unique educational and culturally related aca-
demic needs of these children. It is further the
policy of the United States to ensure that Indian
children do not attend school in buildings that
are dilapidated or deteriorating, which may neg-
atively affect the academic success of such chil-
dren.
(Pub. L. 89–10, title VI, § 6101, formerly title VII,
§ 7101, as added Pub. L. 107–110, title VII, § 701,
Jan. 8, 2002, 115 Stat. 1907; renumbered title VI,
§ 6101, and amended Pub. L. 114–95, title VI,
§§ 6001(a), (b)(1), 6002(a), Dec. 10, 2015, 129 Stat.
2046, 2047.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7401, Pub. L. 89–10, title VII, § 7101, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3716, set forth short title of Bilingual Education Act,
prior to the general amendment of former subchapter
VII of this chapter by Pub. L. 107–110.
A prior section 6101 of Pub. L. 89–10 was classified
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7401
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 7401. This identifies an authority to review, not proof of applicability.