20 U.S.C. § 7441 — Improvement of educational opportunities

Page 1549 TITLE 20—EDUCATION § 7441 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 this title. SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR IN- DIAN CHILDREN § 7441. Improvement of educational opportunities for Indian children and youth (a) Purpose (1) In general It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to im- prove educational opportunities and achieve- ment of Indian children and youth. (2) Coordination The Secretary shall take the necessary ac- tions to achieve the coordination of activities assisted under this subpart with— (A) other programs funded under this chap- ter; and (B) other Federal programs operated for the benefit of Indian children and youth. (b) Eligible entities In this section, the term ‘‘eligible entity’’ means a State educational agency, local edu- cational agency, Indian tribe, Indian organiza- tion, federally supported elementary school or secondary school for Indian students, a Tribal College or University (as defined in section 1059c(b) of this title), or a consortium of such entities. (c) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to carry out ac- tivities that meet the purpose of this section, including— (1) innovative programs related to the edu- cational needs of educationally disadvantaged Indian children and youth; (2) educational services that are not avail- able to such children and youth in sufficient quantity or quality, including remedial in- struction, to raise the achievement of Indian children in one or more of the subjects of English, mathematics, science, foreign lan- guages, art, history, and geography; (3) bilingual and bicultural programs and projects; (4) special health and nutrition services, and other related activities, that address the spe- cial health, social, and psychological problems of Indian children and youth; (5) special compensatory and other programs and projects designed to assist and encourage Indian children and youth to enter, remain in, or reenter school, and to increase the rate of high school graduation for Indian children and youth; (6) comprehensive guidance, counseling, and testing services; (7) early childhood education programs that are effective in preparing young children to make sufficient academic growth by the end of grade 3, including kindergarten and pre-kin- dergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision of services to Indian children and youth with dis- abilities; (8) partnership projects between local edu- cational agencies and institutions of higher education that allow secondary school stu- dents to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsecondary education; (9) partnership projects between schools and local businesses for career preparation pro- grams designed to provide Indian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill career; (10) programs designed to encourage and as- sist Indian students to work toward, and gain entrance into, institutions of higher edu- cation; (11) family literacy services; (12) activities that recognize and support the unique cultural and educational needs of In- dian children and youth, and incorporate tra- ditional leaders; (13) high-quality professional development of teaching professionals and paraprofessionals; or (14) other services that meet the purpose de- scribed in this section. (d) Grant requirements and applications (1) Grant requirements (A) In general The Secretary may make multiyear grants under subsection (c) for the planning, devel- opment, pilot operation, or demonstration of any activity described in subsection (c) for a period not to exceed 5 years. (B) Priority In making multiyear grants described in this paragraph, the Secretary shall give pri- ority to entities submitting applications that present a plan for combining two or more of the activities described in sub- section (c) over a period of more than 1 year. (C) Progress The Secretary shall award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary deter- mines that the eligible entity has made sub- stantial progress in carrying out the activi- ties assisted under the grant in accordance with the application submitted under para- graph (3) and any subsequent modifications to such application. (2) Dissemination grants (A) In general In addition to awarding the multiyear grants described in paragraph (1), the Sec- retary may award grants under subsection (c) to eligible entities for the dissemination of exemplary materials or programs assisted under this section. Page 1550 TITLE 20—EDUCATION § 7442 1 See References in Text note below. (B) Determination The Secretary may award a dissemination grant described in this paragraph if, prior to awarding the grant, the Secretary deter- mines that the material or program to be disseminated— (i) has been adequately reviewed; (ii) has demonstrated educational merit; and (iii) can be replicated. (3) Application (A) In general Any eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (B) Contents Each application submitted to the Sec- retary under subparagraph (A), other than an application for a dissemination grant under paragraph (2), shall contain— (i) a description of how parents and fam- ily of Indian children and representatives of Indian tribes have been, and will be, in- volved in developing and implementing the activities for which assistance is sought; (ii) assurances that the applicant will participate, at the request of the Sec- retary, in any national evaluation of ac- tivities assisted under this section; (iii) information demonstrating that the proposed program is an evidence-based program, where applicable, which may in- clude a program that has been modified to be culturally appropriate for students who will be served; (iv) a description of how the applicant will incorporate the proposed activities into the ongoing school program involved once the grant period is over; and (v) such other assurances and informa- tion as the Secretary may reasonably re- quire. (e) Administrative costs Not more than 5 percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes. (Pub. L. 89–10, title VI, § 6121, formerly title VII, § 7121, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1919; renumbered title VI, § 6121, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(k), Dec. 10, 2015, 129 Stat. 2046, 2054.) Editorial Notes PRIOR PROVISIONS A prior section 6121 of Pub. L. 89–10 was renumbered section 5101 and is classified to section 7305 of this title. AMENDMENTS 2015—Pub. L. 114–95, § 6002(k)(1), substituted ‘‘Im- provement of educational opportunities for Indian chil- dren and youth’’ for ‘‘Improvement of educational op- portunities for Indian children’’ in section catchline. Subsec. (a)(1). Pub. L. 114–95, § 6002(k)(2)(A), inserted ‘‘and youth’’ after ‘‘Indian children’’. Subsec. (a)(2)(B). Pub. L. 114–95, § 6002(k)(2)(B), sub- stituted ‘‘Indian children and youth’’ for ‘‘American In- dian and Alaska Native children’’. Subsec. (b). Pub. L. 114–95, § 6002(k)(3), substituted ‘‘a Tribal College or University (as defined in section 1059c(b) of this title)’’ for ‘‘Indian institution (including an Indian institution of higher education)’’. Subsec. (c). Pub. L. 114–95, § 6002(k)(4), added subsec. (c) and struck out former subsec. (c) which related to grants authorized, consisting of pars. (1) and (2). Subsec. (d)(1)(C). Pub. L. 114–95, § 6002(k)(5)(A), sub- stituted ‘‘award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines’’ for ‘‘make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the Secretary deter- mines’’. Subsec. (d)(3)(B)(i). Pub. L. 114–95, § 6002(k)(5)(B)(i), substituted ‘‘parents and family of Indian children’’ for ‘‘parents of Indian children’’. Subsec. (d)(3)(B)(iii). Pub. L. 114–95, § 6002(k)(5)(B)(ii), substituted ‘‘information demonstrating that the pro- posed program is an evidence-based program’’ for ‘‘in- formation demonstrating that the proposed program for the activities is a scientifically based research pro- gram’’. 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 this title. § 7442. Professional development for teachers and education professionals (a) Purposes The purposes of this section are— (1) to increase the number of qualified In- dian teachers and administrators serving In- dian 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, ad- ministrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel; (3) to improve the skills of qualified Indian individuals who serve in the capacities de- scribed in paragraph (2); and (4) to develop and implement initiatives to promote retention of effective teachers, prin- cipals, and school leaders who have a record of success in helping low-achieving Indian stu- dents improve their academic achievement, outcomes, and preparation for postsecondary education or employment. (b) Eligible entities For the purpose of this section, the term ‘‘eli- gible entity’’ means— (1) an institution of higher education, in- cluding a Tribal College or University, as de- fined in section 1059c(b) of this title; (2) a State educational agency or local edu- cational agency, in consortium with an insti- tution of higher education; (3) an Indian tribe or organization, in con- sortium with an institution of higher edu- cation; and (4) a Bureau-funded school (as defined in sec- tion 2026 1 of title 25) in a consortium with at