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25 U.S.C. § 2021 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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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Source location: Title 25, Chapter 22, § 2021; chapter-022-bureau-of-indian-affairs-programs.md
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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 of this title, or 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.].
(7) **Director** — The term “Director” means the Director of the Office of Indian Education Programs.
(8) **Education line officer** — The term “education line officer” means a member of the education personnel under the supervision of the Director of the Office, whether located in a central, area, or agency office.
(9) **Family literacy services** — The term “family literacy services” has the meaning given that term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
(10) **Financial plan** — The term “financial plan” means a plan of services provided by each Bureau school.
(11) **Indian organization** — The term “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members are members of federally recognized tribes.
(12) **Inherently Federal functions** — The term “inherently Federal functions” means functions and responsibilities which, under [section 2006(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2006/c&num=0&edition=prelim), are noncontractable, including—
(A) the allocation and obligation of Federal funds and determinations as to the amounts of expenditures;
(B) the administration of Federal personnel laws for Federal employees;
(C) the administration of Federal contracting and grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust, programmatic, and fiscal responsibilities of the Secretary;
(D) the conducting of administrative hearings and deciding of administrative appeals;
(E) the determination of the Secretary’s views and recommendations concerning administrative appeals or litigation and the representation of the Secretary in administrative appeals and litigation;
(F) the issuance of Federal regulations and policies as well as any documents published in the Federal Register;
(G) reporting to Congress and the President;
(H) the formulation of the Secretary’s and the President’s policies and their budgetary and legislative recommendations and views; and
(I) the nondelegable statutory duties of the Secretary relating to trust resources.
(13) **Local educational agency** — The term “local educational agency” means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, or independent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education.
(14) **Local school board** — The term “local school board”, when used with respect to a Bureau school, means a body chosen in accordance with the laws of the tribe to be served or, in the absence of such laws, elected by the parents of the Indian children attending the school, except that, for a school serving a substantial number of students from different tribes—
(A) the members of the body shall be appointed by the tribal governing bodies of the tribes affected; and
(B) the number of such members shall be determined by the Secretary in consultation with the affected tribes.
(15) **Office** — The term “Office” means the Office of Indian Education Programs within the Bureau.
(16) **Regulation**
(A) *In general* — The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this Act.
(B) *Rule of construction* — Nothing in subparagraph (A) or any other provision of this chapter shall be construed to prohibit the Secretary from issuing guidance, internal directives, or other documents similar to the documents found in the Indian Affairs Manual of the Bureau of Indian Affairs.
(17) **Secretary** — The term “Secretary” means the Secretary of the Interior.
(18) **Supervisor** — The term “supervisor” means the individual in the position of ultimate authority at a Bureau school.
(19) **Tribal governing body** — The term “tribal governing body” means, with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students served by such school.
(20) **Tribe** — The term “tribe” means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Regional Corporation or Village Corporation (as defined in or established pursuant to the Alaska 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall provide grants to tribes, tribal organizations, and consortia of tribes and tribal organizations to fund early childhood development programs that are operated by such tribes, organizations, or consortia.
**(b) Amount of grants**
(1) **In general** — The total amount of the grants provided under subsection (a) with respect to each tribe, tribal organization, or consortium of tribes or tribal organizations for each fiscal year shall be equal to the amount which bears the same relationship to the total amount appropriated under the authority of subsection (g) for such fiscal year (less amounts provided under subsection (f)) as—
(A) the total number of children under 6 years of age who are members of—
(i) such tribe;
(ii) the tribe that authorized such tribal organization; or
(iii) any tribe that—
(I) is a member of such consortium; or
(II) authorizes any tribal organization that is a member of such consortium; bears to
(B) the total number of all children under 6 years of age who are members of any tribe that—
(i) is eligible to receive funds under subsection (a);
(ii) is a member of a consortium that is eligible to receive such funds; or
(iii) authorizes a tribal organization that is eligible to receive such funds.
(2) **Limitation** — No grant may be provided under subsection (a)—
(A) to any tribe that has less than 500 members;
(B) to any tribal organization which is authorized—
(i) by only one tribe that has less than 500 members; or
(ii) by one or more tribes that have a combined total membership of less than 500 members; or
(C) to any consortium composed of tribes, or tribal organizations authorized by tribes, that have a combined total tribal membership of
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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.
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Definitions** In this section:
(1) **Alaska Native** — The term “Alaska Native” means a Native as such term is defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim).
(2) **Bureau-funded school** — The term “Bureau-funded school” has the meaning given the term in [section 2021 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2021&num=0&edition=prelim).
(3) **Native Hawaiian** — The term “Native Hawaiian” means any individual any of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii.
(4) **Native Hawaiian organization** — The term “Native Hawaiian organization” has the meaning given the term in [section 7517 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim).
**(b) Program authorized**
(1) **Authority** — From funds reserved under [section 2321(a)(1)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2321/a/1/B/i&num=0&edition=prelim), the Secretary shall make grants to or enter into contracts with Indian Tribes, Tribal organizations, and Alaska Native entities to carry out the authorized programs described in subsection (c), except that such grants or contracts shall not be awarded to secondary school programs in Bureau-funded schools.
(2) **Indian Tribes and Tribal organizations** — The grants or contracts described in this section that are awarded to any Indian Tribe or Tribal organization shall be subject to the terms and conditions of [section 5321 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5321&num=0&edition=prelim) and shall b
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) education is fundamental to the development of individual citizens and the progress of the Nation;
(2) there is a continuing need to ensure equal access for all Americans to educational opportunities of a high quality, and such educational opportunities should not be denied because of race, creed, color, national origin, or sex;
(3) parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role;
(4) in our Federal system, the primary public responsibility for education is reserved respectively to the States and the local school systems and other instrumentalities of the States;
(5) the American people benefit from a diversity of educational settings, including public and private schools, libraries, museums and other institutions, the workplace, the community, and the home;
(6) the importance of education is increasing as new technologies and alternative approaches to traditional education are considered, as society becomes more complex, and as equal opportunities in education and employment are promoted;
(7) there is a need for improvement in the management and coordination of Federal education programs to support more effectively State, local, and private institutions, students, and parents in carrying out their educational responsibilities;
(8) the dispersion of education programs across a large number of Federal agencies has led to fragmented, duplicative, and often inconsistent Federal policies relating to education;
(9) Presidential and public consideration of issues relating to Federal education programs is hindered by the present organizational position of education programs in the executive branch
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purposes** The purposes of this section are—
(1) to increase the number of qualified Indian teachers and administrators serving Indian students;
(2) to provide pre- and in-service training and support to qualified Indian individuals to enable such individuals to become effective teachers, principals, other school leaders, administrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel;
(3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2); and
(4) to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian students improve their academic achievement, outcomes, and preparation for postsecondary education or employment.
**(b) Eligible entities** For the purpose of this section, the term “eligible entity” means—
(1) an institution of higher education, including a Tribal College or University, as defined in [section 1059c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c/b&num=0&edition=prelim);
(2) a State educational agency or local educational agency, in consortium with an institution of higher education;
(3) an Indian tribe or organization, in consortium with an institution of higher education; and
(4) a Bureau-funded school (as defined in section 2026 11 See References in Text note below. of title 25) in a consortium with at least one Tribal College or University, as defined in [section 1059c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c/b&num=0&edition=prelim), where feasible.
**(c) Program authorized** The Secretary is authorized to a
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