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25 U.S.C. § 2020 — Tribal departments or divisions of education

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

25 U.S.C. § 2020 — Tribal departments or divisions of education

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Source location: Title 25, Chapter 22, § 2020; chapter-022-bureau-of-indian-affairs-programs.md

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**(a) In general** Subject to the availability of appropriations, the Secretary shall make grants and provide technical assistance to tribes for the development and operation of tribal departments or divisions of education for the purpose of planning and coordinating all educational programs of the tribe. **(b) Applications** For a tribe to be eligible to receive a grant under this section, the governing body of the tribe shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. **(c) Diversity** The Secretary shall award grants under this section in a manner that fosters geographic and population diversity. **(d) Use** Tribes that receive grants under this section shall use the funds made available through the grants— (1) to facilitate tribal control in all matters relating to the education of Indian children on reservations (and on former Indian reservations in Oklahoma); (2) to provide for the development of coordinated educational programs (including all preschool, elementary, secondary, and higher or vocational educational programs funded by tribal, Federal, or other sources) on reservations (and on former Indian reservations in Oklahoma) by encouraging tribal administrative support of all Bureau-funded educational programs as well as encouraging tribal cooperation and coordination with entities carrying out all educational programs receiving financial support from other Federal agencies, State agencies, or private entities; and (3) to provide for the development and enforcement of tribal educational codes, including tribal educational policies and tribal standards applicable to curriculum, personnel, students, facilities, and support programs. **(e) Priorities** In making grants under this section, the Secretary shall give priority to any application that— (1) includes— (A) assurances that the applicant serves three or more separate Bureau-funded schools; and (B) assurances from the applicant that the tribal department of education to be funded under this section will provide coordinating services and technical assistance to all of such schools; (2) includes assurances that all education programs for which funds are provided by such a contract or grant will be monitored and audited, by or through the tribal department of education, to ensure that the programs meet the requirements of law; and (3) provides a plan and schedule that— (A) provides for— (i) the assumption, by the tribal department of education, of all assets and functions of the Bureau agency office associated with the tribe, to the extent the assets and functions relate to education; and (ii) the termination by the Bureau of such functions and office at the time of such assumption; and (B) provides that the assumption shall occur over the term of the grant made under this section, except that, when mutually agreeable to the tribal governing body and the Assistant Secretary, the period in which such assumption is to occur may be modified, reduced, or extended after the initial year of the grant. **(f) Time period of grant** Subject to the availability of appropriated funds, a grant provided under this section shall be provided for a period of 3 years. If the performance of the grant recipient is satisfactory to the Secretary, the grant may be renewed for additional 3-year terms. **(g) Terms, conditions, or requirements** A tribe that receives a grant under this section shall comply with regulations relating to grants made under [section 5322(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5322/a&num=0&edition=prelim) that are in effect on the date that the tribal governing body submits the application for the grant under subsection (b). The Secretary shall not impose any terms, conditions, or requirements on the provision of grants under this section that are not specified in this section. **(h) Authorization of appropriations** There are authorized to be appropriated to carry out this section $2,000,000.

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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. § 2012 — Indian education personnel

**(a) In general** Chapter 51, subchapter III of chapter 53, and chapter 63 of title 5, relating to classification, pay and leave, respectively, and the sections of such title relating to the appointment, promotion, hours of work, and removal of civil service employees, shall not apply to educators or to education positions (as defined in subsection (p)). **(b) Regulations** Not later than 60 days after January 8, 2002, the Secretary shall prescribe regulations to carry out this section. Such regulations shall provide for— (1) the establishment of education positions; (2) the establishment of qualifications for educators and education personnel; (3) the fixing of basic compensation for educators and education positions; (4) the appointment of educators; (5) the discharge of educators; (6) the entitlement of educators to compensation; (7) the payment of compensation to educators; (8) the conditions of employment of educators; (9) the leave system for educators; (10) the annual leave and sick leave for educators; (11) the length of the school year applicable to education positions described in subsection (a); and (12) such additional matters as may be appropriate. **(c) Qualifications of educators** (1) **Requirements** — In prescribing regulations to govern the qualifications of educators, the Secretary shall require that— (A) lists of qualified and interviewed applicants for education positions be maintained in each agency and area office of the Bureau from among individuals who have applied at the agency or area level for an education position or who have applied at the national level and have indicated in such application an interest in working in certain areas or agencies; (B) a local school board shall have the authority to waive on a case-by-ca

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2012

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

20 U.S.C. § 7454 — Grants to tribes for education administrative planning, development, and coordination

**(a) In general** The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to— (1) promote tribal self-determination in education; (2) improve the academic achievement of Indian children and youth; and (3) promote the coordination and collaboration of tribal educational agencies with State educational agencies and local educational agencies to meet the unique educational and culturally related academic needs of Indian students. **(b) Definitions** In this section: (1) **Eligible applicant** — In this section, the term “eligible applicant” means— (A) an Indian tribe or tribal organization approved by an Indian tribe; or (B) a tribal educational agency. (2) **Indian tribe** — The term “Indian tribe” means a federally recognized tribe or a State-recognized tribe. (3) **Tribal educational agency** — The term “tribal educational agency” means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education. **(c) Grant program** The Secretary may award grants to— (1) eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and (2) eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to— (A) directly administer education programs, including formula grant programs under this chapter, consistent with State law and under a written agreement between the parties; (B) build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and

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

25 U.S.C. § 2021 — Definitions

For the purposes of this chapter, unless otherwise specified: (1) **Agency school board** — The term “agency school board” means a body— (A) the members of which are appointed by all of the school boards of the schools located within an agency, including schools operated under contract or grant; and (B) the number of such members is determined by the Secretary, in consultation with the affected tribes; except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school. (2) **Bureau** — The term “Bureau” means the Bureau of Indian Affairs of the Department of the Interior. (3) **Bureau-funded school** — The term “Bureau-funded school” means— (A) a Bureau school; (B) a contract or grant school; or (C) a school for which assistance is provided under 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.]. (4) **Bureau school** — The term “Bureau school” means a Bureau-operated elementary or secondary day or boarding school or a Bureau-operated dormitory for students attending a school other than a Bureau school. (5) **Complementary educational facilities** — The term “complementary educational facilities” means educational program functional spaces such as libraries, gymnasiums, and cafeterias. (6) **Contract or grant school** — The term “contract or grant school” means an elementary school, secondary school, or dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 5321, 5322(a), or 5352 o

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

25 U.S.C. § 2020 — Tribal departments or divisions of edu-

Page 431 TITLE 25—INDIANS § 2020 Education Act of 1965’’ for ‘‘part B of title I of the Ele- mentary and Secondary Education Act of 1965’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2020. Tribal departments or divisions of edu- cation (a) In general Subject to the availability of appropriations, the Secretary shall make grants and provide technical assistance to tribes for the develop- ment and operation of tribal departments or di- visions of education for the purpose of planning and coordinating all educational programs of the tribe. (b) Applications For a tribe to be eligible to receive a grant under this section, the governing body of the tribe shall submit an application to the Sec- retary at such time, in such manner, and con- taining such information as the Secretary may require. (c) Diversity The Secretary shall award grants under this section in a manner that fosters geographic and population diversity. (d) Use Tribes that receive grants under this section shall use the funds made available through the grants— (1) to facilitate tribal control in all matters relating to the education of Indian children on reservations (and on former Indian reserva- tions in Oklahoma); (2) to provide for the development of coordi- nated educational programs (including

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