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20 U.S.C. § 7472 — Native American language resource centers

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

20 U.S.C. § 7472 — Native American language resource centers

**(a) Purpose** The purpose of this Act is to further align the resources provided by the Department of Education with the policies set forth in the Native American Languages Act ([25 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2901&num=0&edition=prelim) et seq.) through establishment of a program within the Department of Education to support 1 or more Native American language resource centers. **(b) In general** The Secretary of Education is authorized to make a grant to, or enter into a contract with, an eligible entity for the purpose of— (1) establishing, strengthening, and operating a Native American language resource center; and (2) staffing the center with individuals with relevant expertise and experience, including staff who speak American Indian and Alaska Native languages and the Native Hawaiian language and have worked in language education in the American Indian and Alaska Native languages and the Native Hawaiian language in a preschool, elementary school, secondary school, adult education, or higher education program. **(c) Authorized activities** The Native American language resource center established under subsection (b) shall carry out activities to— (1) improve the capacity to teach and learn Native American languages; (2) further Native American language use and acquisition; (3) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages in furtherance of— (A) the policies set forth in the Native American Languages Act ([25 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2901&num=0&edition=prelim) et seq.); and (B) the United States trust responsibility to Native American communities;

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Source file: Laws/federal/codes/united-states-code/title-20/section-7472-native-american-language-resource-centers--22eecfb939.md
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Source location: Title 20, Chapter 70, § 7472; chapter-070-strengthening-and-improvement-of-elementary-and-secondary-schools.md

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**(a) Purpose** The purpose of this Act is to further align the resources provided by the Department of Education with the policies set forth in the Native American Languages Act ([25 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2901&num=0&edition=prelim) et seq.) through establishment of a program within the Department of Education to support 1 or more Native American language resource centers. **(b) In general** The Secretary of Education is authorized to make a grant to, or enter into a contract with, an eligible entity for the purpose of— (1) establishing, strengthening, and operating a Native American language resource center; and (2) staffing the center with individuals with relevant expertise and experience, including staff who speak American Indian and Alaska Native languages and the Native Hawaiian language and have worked in language education in the American Indian and Alaska Native languages and the Native Hawaiian language in a preschool, elementary school, secondary school, adult education, or higher education program. **(c) Authorized activities** The Native American language resource center established under subsection (b) shall carry out activities to— (1) improve the capacity to teach and learn Native American languages; (2) further Native American language use and acquisition; (3) preserve, protect, and promote the rights and freedom of Native Americans to use, practice, and develop Native American languages in furtherance of— (A) the policies set forth in the Native American Languages Act ([25 U.S.C. 2901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2901&num=0&edition=prelim) et seq.); and (B) the United States trust responsibility to Native American communities; (4) address the effects of past discrimination and ongoing inequities experienced by Native American language speakers; (5) support the revitalization and reclamation of Native American languages; and (6) support the use of Native American languages as a medium of instruction for a wide variety of age levels, academic content areas, and types of schools, including Native American language medium education. **(d) Additional authorized activities** The Native American language resource center established under subsection (b) may also carry out activities— (1) to encourage and support the use of Native American languages within educational systems in the same manner as other world languages, including by encouraging State educational agencies, local educational agencies, and institutions of higher education to offer Native American language courses the same full academic credit as courses in other world languages; (2) to support the development, adoption, and use of educational outcome metrics aligned with the Native American language of instruction, including assessments, qualifications, and processes based on promising practices in Native American language medium education; (3) to provide assistance to Native American language programs seeking Federal resources; (4) to encourage and support teacher preparation programs that prepare teachers to teach Native American languages and to use Native American languages as a medium of instruction, including by disseminating promising practices and developing pedagogical programming and through appropriate alternative pathways to teacher certification; (5) to provide information and resources— (A) on promising practices in the use and revitalization of Native American languages in Native American communities, including use in educational institutions; and (B) for the use of technology in school and community-based Native American language programs to support the retention, use, and teaching of Native American languages; (6) to support the use of distance learning technologies and training for parents, students, teachers, and learning support staff associated with Native American language programs, including— (A) the compilation and curation of digital libraries and other online resources for Native American languages, except that any materials collected by the center shall only be materials provided by a Native American language program or Native American community; (B) the development of optional distance learning curricula appropriate for preschool, elementary school, secondary school, adult education, and postsecondary education; (C) pedagogical training for Native American language teachers; and (D) other efforts necessary to continue Native American language acquisition through distance learning; (7) to provide technical assistance for Native American communities and school systems to develop Native American language medium education programs in preschool, elementary school, secondary school, or adult education programs conducted through the medium of Native American languages; (8) to support Native American language programs and Native American communities in— (A) accessing international best practices, resources, and research in indigenous language revitalization; and (B) gathering and sharing technical assistance, promising practices, and experiences; (9) for the operation of intensive programs, including summer institutes, to train Native American language speakers, to provide professional development, and to improve Native American language instruction through preservice and in-service language training for teachers; and (10) that otherwise support the Native American language resource center established under subsection (b) to carry out the activities required in subsection (c). **(e) Definitions** In this section: (1) **ESEA definitions** — The terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meanings given the terms in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim). (2) **Eligible entity** — The term “eligible entity” means— (A) an institution of higher education; (B) an entity within an institution of higher education with dedicated expertise in Native American language and culture education; or (C) a consortium that includes 1 or more institutions of higher education or 1 or more entities described in subparagraph (B). (3) **Institution of higher education** — The term “institution of higher education” has the meaning given the term in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim). (4) **Native American; Native American language** — The terms “Native American” and “Native American language” have the meanings given those terms in section 103 of the Native American Languages Act ([25 U.S.C. 2902](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2902&num=0&edition=prelim)). **(f) Authorization of appropriations** There are authorized to be appropriated to carry out this section, $3,000,000 for each fiscal year.

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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.

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

25 U.S.C. § 2901 — Findings

The Congress finds that— (1) the status of the cultures and languages of Native Americans is unique and the United States has the responsibility to act together with Native Americans to ensure the survival of these unique cultures and languages; (2) special status is accorded Native Americans in the United States, a status that recognizes distinct cultural and political rights, including the right to continue separate identities; (3) the traditional languages of Native Americans are an integral part of their cultures and identities and form the basic medium for the transmission, and thus survival, of Native American cultures, literatures, histories, religions, political institutions, and values; (4) there is a widespread practice of treating Native Americans 11 So in original. Probably should be “American”. languages as if they were anachronisms; (5) there is a lack of clear, comprehensive, and consistent Federal policy on treatment of Native American languages which has often resulted in acts of suppression and extermination of Native American languages and cultures; (6) there is convincing evidence that student achievement and performance, community and school pride, and educational opportunity is clearly and directly tied to respect for, and support of, the first language of the child or student; (7) it is clearly in the interests of the United States, individual States, and territories to encourage the full academic and human potential achievements of all students and citizens and to take steps to realize these ends; (8) acts of suppression and extermination directed against Native American languages and cultures are in conflict with the United States policy of self-determination for Native Americans; (9) languages are the means of communication for the ful

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

25 U.S.C. § 2902 — Definitions

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).

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

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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

20 U.S.C. § 7801 — Definitions

Except as otherwise provided, in this chapter: (1) **Average daily attendance** (A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment. (2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States— (A) without regard to the source o

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

20 U.S.C. § 7472 — Peer review

Page 1558 TITLE 20—EDUCATION § 7472 practices) of any program, including any pro- gram established under this part— (A) with respect to which the Secretary has jurisdiction; and (B)(i) that includes Indian children or adults as participants; or (ii) that may benefit Indian children or adults; (2) make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and (3) submit to Congress, not later than June 30 of each year, a report on the activities of the Council, including— (A) any recommendations that the Council considers appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and (B) recommendations concerning the fund- ing of any program described in subpara- graph (A). (Pub. L. 89–10, title VI, § 6141, formerly title VII, § 7141, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1930; renumbered title VI, § 6141, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(r), Dec. 10, 2015, 129 Stat. 2046, 2062.) Editorial Notes PRIOR PROVISIONS A prior section 7471, Pub. L. 89–10, title VII, § 7141, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3732, set forth purpose of former subpart relating to professional development, prior to the general amend- ment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6141 of Pub. L. 89–10 was classified to section 7315 of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Subsec. (b)(1). Pub. L. 114–95, § 6002(r), inserted ‘‘and the Secretary of the Interior’’ after ‘‘advise the Secretary’’ in introductory provisions. Statutory Notes and Related S

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

25 U.S.C. § 2901 — Findings

Page 526 TITLE 25—INDIANS § 2814 1 So in original. Probably should be ‘‘American’’. (b) Approval (1) In general The Director concerned shall approve a re- quest or subpoena under subsection (a) if the request or subpoena does not violate the pol- icy of the Department to maintain impar- tiality. (2) Failure to approve If the Director concerned fails to approve or disapprove a request or subpoena for testi- mony or release of a document by the date that is 30 days after the date of receipt of no- tice of the request or subpoena, the request or subpoena shall be considered to be approved for purposes of this section. (Pub. L. 101–379, § 16, as added Pub. L. 111–211, title II, § 263, July 29, 2010, 124 Stat. 2300.) § 2814. Policies and protocol The Director of the Indian Health Service, in coordination with the Director of the Office of Justice Services and the Director of the Office on Violence Against Women of the Department of Justice, in consultation with Indian Tribes and Tribal Organizations, and in conference with Urban Indian Organizations, shall develop standardized sexual assault policies and protocol for the facilities of the Service, based on similar protocol that has been established by the De- partment of Justice. (Pub. L. 101–379, § 17, as added Pub. L. 111–211, title II, § 265, July 29, 2010, 124 Stat. 2300.) § 2815. State, tribal, and local law enforcement cooperation The Attorney General may provide technical and other assistance to State, tribal, and local governments that enter into cooperative agree- ments, including agreements relating to mutual aid, hot pursuit of suspects, and cross-deputiza- tion for the purposes of— (1) improving law enforcement effectiveness; (2) reducing crime in Indian country and nearby communi

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

25 U.S.C. § 2902 — Definitions

Page 527 TITLE 25—INDIANS § 2904 SHORT TITLE Pub. L. 101–477, title I, § 101, Oct. 30, 1990, 104 Stat. 1153, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Native American Languages Act’.’’ § 2902. Definitions 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. (3) The term ‘‘Native Hawaiian’’ has the meaning given to such term by section 7517 of title 20. (4) The term ‘‘Native American Pacific Is- lander’’ means any descendent of the aborigi- nal 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 or- ganization’’ have the respective meaning given to each of such terms under section 5304 of this title. (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 Amer- ican languages. (8) The term ‘‘Indian reservation’’ has the same meaning given to the term ‘‘reservation’’ under section 1452 of this title. (Pub. L. 101–477, title I, § 103, Oct. 30, 1990, 104 Stat. 1154; Pub. L. 104–109, § 11, Feb. 12, 1996, 110 Stat. 765; Pub. L. 107–110, title VII, § 702(f), Jan. 8, 2002, 115 Stat. 1947; Pub. L. 114–95, title IX, § 9215(iii), Dec. 10, 2015, 129 Stat. 2187.) Editorial Notes AMENDMENTS 2015—Par. (2). Pub. L. 114–95, § 9215(iii)(1), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 7491(3) of title 20. Par. (3). Pub. L.

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