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20 U.S.C. § 7425 — Amount of grants

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7425 — Amount of grants

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Stable record: federal_law:legal_authorities:record_usc_6cc8fd57bd0a482a43fe32fb
Source file: Laws/federal/codes/united-states-code/title-20/section-7425-amount-of-grants--88560f79ee.md
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Source location: Title 20, Chapter 70, § 7425; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(a) Amount of grant awards** (1) **In general** — Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this subpart an amount equal to the product of— (A) the number of Indian children who are eligible under [section 7427 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7427&num=0&edition=prelim) and served by such agency; and (B) the greater of— (i) the average per pupil expenditure of the State in which such agency is located; or (ii) 80 percent of the average per pupil expenditure of all the States. (2) **Reduction** — The Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e). **(b) Minimum grant** (1) **In general** — Notwithstanding subsection (e), an entity that is eligible for a grant under [section 7422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7422&num=0&edition=prelim), and a school that is operated or supported by the Bureau of Indian Education that is eligible for a grant under subsection (d), that submits an application that is approved by the Secretary, shall, subject to appropriations, receive a grant under this subpart in an amount that is not less than $3,000. (2) **Consortia** — Local educational agencies may form a consortium for the purpose of obtaining grants under this subpart. (3) **Increase** — The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure the quality of the programs provided. **(c) Definition** For the purpose of this section, the term “average per pupil expenditure”, used with respect to a State, means an amount equal to— (1) the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by (2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year. **(d) Schools operated or supported by the Bureau of Indian Education** (1) **In general** — Subject to subsection (e), in addition to the grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of— (A) the total number of Indian children enrolled in schools that are operated by— (i) the Bureau of Indian Education; or (ii) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act [[25 U.S.C. 5321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) et seq.] or the Tribally Controlled Schools Act of 1988 [[25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.]; and (B) the greater of— (i) the average per pupil expenditure of the State in which the school is located; or (ii) 80 percent of the average per pupil expenditure of all the States. (2) **Special rule** — Any school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance with [section 7424 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7424&num=0&edition=prelim), and shall otherwise be treated as a local educational agency for the purpose of this subpart, except that such school shall not be subject to [section 7424(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7424/c/4&num=0&edition=prelim), [section 7428(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7428/c&num=0&edition=prelim), or [section 7429 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7429&num=0&edition=prelim). **(e) Ratable reductions** If the sums appropriated for any fiscal year under 7492(a) 11 So in original. Probably should be preceded by “section”. of this title are insufficient to pay in full the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection (d), each of those amounts shall be ratably reduced.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Congressional statement of findings

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7422 — Purpose

It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— (1) to meet the unique educational and culturally related academic needs of Indian students, so that such students can meet the challenging State academic standards; (2) to ensure that Indian students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and (3) to ensure that teachers, principals, other school leaders, and other staff who serve Indian students have the ability to provide culturally appropriate and effective instruction and supports to such students.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 6301 — Agreements and records

**(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

20 U.S.C. § 7424 — Grants to local educational agencies and tribes

**(a) In general** The Secretary may make grants, from allocations made under [section 7423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7423&num=0&edition=prelim), and in accordance with this section and [section 7423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7423&num=0&edition=prelim), to— (1) local educational agencies; (2) Indian tribes, as provided under subsection (c)(1); (3) Indian organizations, as provided under subsection (c)(1); (4) consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable— (A) provides an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and (B) is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and (5) Indian community-based organizations, as provided under subsection (d)(1). **(b) Local educational agencies** (1) **Enrollment requirements** — Subject to paragraph (2), a local educational agency shall be eligible for a grant under this subpart for any fiscal year if the number of Indian children eligible under [section 7427 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7427&num=0&edition=prelim) who were enrolled in the schools of the agency, and to whom the agency provided free public education, during the preceding fiscal year— (A) was at least 10; or (B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7424

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7429 — Student eligibility forms

**(a) In general** The Secretary shall require that, as part of an application for a grant under this subpart, each applicant shall maintain a file, with respect to each Indian child for whom the local educational agency provides a free public education, that contains a form that sets forth information establishing the status of the child as an Indian child eligible for assistance under this subpart, and that otherwise meets the requirements of subsection (b). All individual data collected shall be protected by the local educational agencies and only aggregated data shall be reported to the Secretary. **(b) Forms** The form described in subsection (a) shall include— (1) either— (A) (i) the name of the tribe or band of Indians (as defined in [section 7491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7491&num=0&edition=prelim)) with respect to which the child claims membership; (ii) the enrollment number establishing the membership of the child (if readily available); and (iii) the name and address of the organization that maintains updated and accurate membership data for such tribe or band of Indians; or (B) the name, the enrollment number (if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership data, of any parent or grandparent of the child from whom the child claims eligibility under this subpart, if the child is not a member of the tribe or band of Indians (as so defined); (2) a statement of whether the tribe or band of Indians (as so defined), with respect to which the child, or parent or grandparent of the child, claims membership, is federally recognized; (3) the name and address of the parent or legal guardian of the chil

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2501 — Declaration of policy

**(a) Recognition** Congress recognizes that the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.], which was a product of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step toward tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of educational services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities. **(b) Commitment** Congress declares its commitment to the maintenance of the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children through the establishment of a meaningful Indian self-determination policy for education that will deter further perpetuation of Federal bureaucratic domination of programs. **(c) National goal** Congress declares that a national goal of the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the quantity and quality of educational services and opportunities that will permit Indian children— (1) to compete and excel in areas of their choice; and (2) to achieve the measure of self-determination essential to their social and economic well-being. **(d) Educational needs** Congress affirms— (1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership roles; (2) that Indian people hav

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7427 — Authorized services and activities

**(a) General requirements** Each local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in [section 7421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7421&num=0&edition=prelim), for services and activities that— (1) are designed to carry out the comprehensive program of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under [section 7424(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7424/a&num=0&edition=prelim) solely for the services and activities described in such application; (2) are designed to be responsive to the language and cultural needs of the Indian students; and (3) supplement and enrich the regular school program of such agency. **(b) Particular activities** The services and activities referred to in subsection (a) may include— (1) activities that support Native American language programs and Native American language restoration programs, which may be taught by traditional leaders; (2) culturally related activities that support the program described in the application submitted by the local educational agency; (3) early childhood and family programs that emphasize school readiness; (4) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards; (5) integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental involvement in school activities and increase student achievement;

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7427

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7426 — Applications

**(a) Application required** Each entity described in [section 7422(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7422/a&num=0&edition=prelim) that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. **(b) Comprehensive program required** Each application submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian children served by the local educational agency, including the language and cultural needs of the children, that— (1) describes how the comprehensive program will offer programs and activities to meet the culturally related academic needs of Indian students; (2) (A) is consistent with the State, tribal, and local plans submitted under other provisions of this chapter; and (B) includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under subchapter I for all students; (3) explains how the grantee will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of Indian students; (4) demonstrates how funds made available under this subpart will be used for activities described in [section 7425 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7425&num=0&edition=prelim); (5) describes the professional development opportunities that will be provided, as needed, to ensure that— (A) teachers and other school professionals who are new to the Indian community are prepared to work with Indian children; and

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 7425 — Authorized services and activities

Page 1543 TITLE 20—EDUCATION § 7425 L. 114–95, set out as a note under section 6301 of this title. § 7425. Authorized services and activities (a) General requirements Each local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in section 7421 of this title, for services and activities that— (1) are designed to carry out the comprehen- sive program of the local educational agency for Indian students, and described in the appli- cation of the local educational agency sub- mitted to the Secretary under section 7424(a) of this title solely for the services and activi- ties described in such application; (2) are designed to be responsive to the lan- guage and cultural needs of the Indian stu- dents; and (3) supplement and enrich the regular school program of such agency. (b) Particular activities The services and activities referred to in sub- section (a) may include— (1) activities that support Native American language programs and Native American lan- guage restoration programs, which may be taught by traditional leaders; (2) culturally related activities that support the program described in the application sub- mitted by the local educational agency; (3) early childhood and family programs that emphasize school readiness; (4) enrichment programs that focus on prob- lem solving and cognitive skills development and directly support the attainment of chal- lenging State academic standards; (5) integrated educational services in com- bination with other programs that meet the needs of Indian children and their families, in- cluding programs that promote parental in- volvement in school activities and increase student achievement; (6) career preparation activitie

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 7425

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