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20 U.S.C. § 7401 — Definitions
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).
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Stable record: federal_law:legal_authorities:record_usc_180b29b9059bfd12f510a93b
Source file: Laws/federal/codes/united-states-code/title-20/section-7401-definitions--d8e8ad436c.md
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Source location: Title 20, Chapter 70, § 7401; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md
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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).
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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
For purposes of this chapter—
(1) The term “Native American” means an Indian, Native Hawaiian, or Native American Pacific Islander.
(2) The term “Indian” has the meaning given to such term under [section 7491(3) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7491/3&num=0&edition=prelim).
(3) The term “Native Hawaiian” has the meaning given to such term by [section 7517 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim).
(4) The term “Native American Pacific Islander” means any descendent of the aboriginal people of any island in the Pacific Ocean that is a territory or possession of the United States.
(5) The terms “Indian tribe” and “tribal organization” have the respective meaning given to each of such terms under [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim).
(6) The term “Native American language” means the historical, traditional languages spoken by Native Americans.
(7) The term “traditional leaders” includes Native Americans who have special expertise in Native American culture and Native American languages.
(8) The term “Indian reservation” has the same meaning given to the term “reservation” under [section 1452 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2902
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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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3423c
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Federal law — U.S. Code and appendices · legal_authorities
It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children. The Federal Government will continue to work with local educational agencies, Indian tribes and organizations, postsecondary 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 academic 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 negatively affect the academic success of such children.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7421
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this chapter, the term—
(1) “Indian” means a person who is a member of an Indian tribe;
(2) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
(3) “Secretary”, unless otherwise designated, means the Secretary of the Interior;
(4) “tribally controlled college or university” means an institution of higher education which is formally controlled, or has been formally sanctioned, or chartered, by the governing body of an Indian tribe or tribes, except that no more than one such institution shall be recognized with respect to any such tribe;
(5) “institution of higher education” means an institution of higher education as defined by section 1001 11 So in original. Probably should be section “1001(a)”. of title 20, except that clause (2) of such section shall not be applicable and the reference to Secretary in clause (5)(A) 22 So in original. Probably should be “(5)”. of such section shall be deemed to refer to the Secretary of the Interior;
(6) “national Indian organization” means an organization which the Secretary finds is nationally based, represents a substantial Indian constituency, and has expertise in the fields of tribally controlled colleges and universities and Indian higher education;
(7) “Indian student” means a student who is—
(A) a member of an Indian tribe; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and
(2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons.
**(b) Further findings** The Congress further finds that—
(1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles;
(2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and
(3) parental and community control of the educational process is of crucial importance to the Indian people.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5321
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For the purposes of sections 5342 to 5348 of this title, the following definitions apply:
(1) **Contracting party** — The term “contracting party” means an entity that has a contract through a program authorized under sections 5342 to 5348 of this title.
(2) **Eligible entity** — The term “eligible entity” means an entity that is eligible to apply for a contract for a supplemental or operational support program under sections 5342 to 5348 of this title, as outlined in [section 5342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5342&num=0&edition=prelim).
(3) **Existing contracting party** — The term “existing contracting party” means a contracting party that has a contract under sections 5342 to 5348 of this title that is in effect on December 31, 2018.
(4) **JOM Modernization Act** — The term “JOM Modernization Act” means the Johnson-O’Malley Supplemental Indian Education Program Modernization Act.
(5) **New contracting party** — The term “new contracting party” means an entity that enters into a contract under sections 5342 to 5348 of this title after December 31, 2018.
(6) **Secretary** — The term “Secretary” means the Secretary of the Interior.
**(b) Determination of the number of eligible Indian students**
(1) **Initial determinations**
(A) *In general* — The Secretary shall make an initial determination of the number of eligible Indian students served or potentially served by each eligible entity in accordance with subparagraph (B).
(B) *Process for making the initial determination*
(i) *Preliminary report* — Not later than 180 days after December 31, 2018, the Secretary shall publish a preliminary report describing the number of eligible Indian students served or potentially serve
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5364
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Federal law — U.S. Code and appendices · legal_authorities
The assistance provided in this chapter for the education of Indians in the public schools of any State is in addition and supplemental to assistance provided under 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.].
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5370
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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
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