20 U.S.C. § 7517 — Definitions

Page 1567 TITLE 20—EDUCATION § 7517 ‘‘(ii) family literacy services; ‘‘(iii) counseling and support services for students re- ceiving scholarship assistance; ‘‘(iv) counseling and guidance for Native Hawaiian secondary students who have the potential to receive scholarships; and ‘‘(v) faculty development activities designed to pro- mote the matriculation of Native Hawaiian students;’’. Subsec. (a)(4). Pub. L. 114–95, § 6003(c)(1)(C), struck out par. (4). Text read as follows: ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The Secretary shall not establish a policy under this section that pre- vents a Native Hawaiian student enrolled at a 2- or 4- year degree granting institution of higher education outside of the State of Hawaii from receiving a scholar- ship pursuant to paragraph (3)(I). ‘‘(B) SCHOLARSHIP CONDITIONS.—The Secretary shall establish conditions for receipt of a scholarship award- ed under paragraph (3)(I). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services, either during the scholarship period or upon completion of a program of postsecondary education, to the Native Ha- waiian community.’’ Subsec. (c)(1). Pub. L. 114–95, § 6003(c)(2)(A), sub- stituted ‘‘$32,397,000 for each of fiscal years 2017 through 2020’’ for ‘‘such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years’’. Pub. L. 114–95, § 6001(b)(10)(A), made technical amend- ment to reference in original act which appears in text as reference to section 7514 of this title. Subsec. (c)(2). Pub. L. 114–95, § 6003(c)(2)(B), sub- stituted ‘‘for each of fiscal years 2017 through 2020’’ for ‘‘for fiscal year 2002 and each of the 5 succeeding fiscal years’’. Pub. L. 114–95, § 6001(b)(10)(B), made technical amend- ment to reference in original act which appears in text as reference to section 7514 of this title. 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. § 7516. Administrative provisions (a) Application required No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such in- formation as the Secretary may determine to be necessary to carry out the provisions of this part. (b) Special rule Each applicant for a grant or contract under this part shall submit the application for com- ment to the local educational agency serving students who will participate in the program to be carried out under the grant or contract, and include those comments, if any, with the appli- cation to the Secretary. (Pub. L. 89–10, title VI, § 6206, formerly title VII, § 7206, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1941; renumbered title VI, § 6206, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat. 2046.) Editorial Notes PRIOR PROVISIONS A prior section 7516, Pub. L. 89–10, title VII, § 7206, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3739, authorized appropriations for foreign language as- sistance, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. § 7517. Definitions In this part: (1) Community consultation The term ‘‘community consultation’’ means a public gathering— (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. (2) Native Hawaiian The term ‘‘Native Hawaiian’’ means any in- dividual who is— (A) a citizen of the United States; and (B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by— (i) genealogical records; (ii) Kupuna (elders) or Kamaaina (long- term community residents) verification; or (iii) certified birth records. (3) Native Hawaiian community-based organi- zation The term ‘‘Native Hawaiian community- based organization’’ means any organization that is composed primarily of Native Hawai- ians from a specific community and that as- sists in the social, cultural, and educational development of Native Hawaiians in that com- munity. (4) Native Hawaiian educational organization The term ‘‘Native Hawaiian educational or- ganization’’ means a private nonprofit organi- zation that— (A) serves the interests of Native Hawai- ians; (B) has Native Hawaiians in substantive and policymaking positions within the orga- nization; (C) incorporates Native Hawaiian perspec- tive, values, language, culture, and tradi- tions into the core function of the organiza- tion; (D) has demonstrated expertise in the edu- cation of Native Hawaiian youth; and (E) has demonstrated expertise in research and program development. (5) Native Hawaiian language The term ‘‘Native Hawaiian language’’ means the single Native American language indigenous to the original inhabitants of the State of Hawaii. (6) Native Hawaiian organization The term ‘‘Native Hawaiian organization’’ means a private nonprofit organization that— (A) serves the interests of Native Hawai- ians; (B) has Native Hawaiians in substantive and policymaking positions within the orga- nization; and (C) is recognized by the Governor of Ha- waii for the purpose of planning, conducting, or administering programs (or portions of Page 1568 TITLE 20—EDUCATION § 7541 programs) for the benefit of Native Hawai- ians. (7) Office of Hawaiian Affairs The term ‘‘Office of Hawaiian Affairs’’ means the Office of Hawaiian Affairs estab- lished by the Constitution of the State of Ha- waii. (Pub. L. 89–10, title VI, § 6207, formerly title VII, § 7207, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1941; renumbered title VI, § 6207, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6003(d), Dec. 10, 2015, 129 Stat. 2046, 2067.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–95, § 6003(d), added par. (1) and redes- ignated former pars. (1) to (6) as (2) to (7), respectively. 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. PART C—ALASKA NATIVE EDUCATION § 7541. Short title This part may be cited as the ‘‘Alaska Native Educational Equity, Support, and Assistance Act’’. (Pub. L. 89–10, title VI, § 6301, formerly title VII, § 7301, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1942; renumbered title VI, § 6301, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat. 2046.) Editorial Notes PRIOR PROVISIONS Provisions naming former part C (§ 7931 et seq.) of subchapter IX of this chapter as the ‘‘Alaska Native Educational Equity, Support and Assistance Act’’ were contained in section 7931 of this title, prior to the gen- eral amendment of former subchapter IX of this chap- ter by Pub. L. 107–110. A prior section 7541, Pub. L. 89–10, title VII, § 7301, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3739, set forth findings and purpose of emergency immi- grant education program, prior to the general amend- ment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6301 of Pub. L. 89–10 was classified to section 7371 of this title prior to the general amend- ment of part C of subchapter V of this chapter by Pub. L. 114–95. Another prior section 6301 of Pub. L. 89–10 was classi- fied to section 7351 of this title, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110. § 7542. Findings Congress finds and declares the following: (1) It is the policy of the Federal Govern- ment to maximize the leadership of and par- ticipation by Alaska Natives in the planning and the management of Alaska Native edu- cation programs and to support efforts devel- oped by and undertaken within the Alaska Na- tive community to improve educational oppor- tunity for all students. (2) Many Alaska Native children enter and exit school with serious educational disadvan- tages. (3) Overcoming the magnitude of the geo- graphic challenges, historical inequities, and other barriers to successfully improving edu- cational outcomes for Alaska Native students in rural, village, and urban settings is chal- lenging. Significant disparities between aca- demic achievement of Alaska Native students and non-Native students continue, including lower graduation rates, increased school drop- out rates, and lower achievement scores on standardized tests. (4) The preservation of Alaska Native cul- tures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska Native students, and local, place- based, and culture-based programming are critical to the attainment of educational suc- cess and the long-term well-being of Alaska Native students. (5) Improving educational outcomes for Alaska Native students increases access to employment opportunities. (6) The Federal Government should lend sup- port to efforts developed by and undertaken within the Alaska Native community to im- prove educational opportunity for Alaska Na- tive students. In 1983, pursuant to Public Law 98–63, Alaska ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate any schools in Alaska, nor operate or fund Alaska Native education programs. The pro- gram under this part supports the Federal trust responsibility of the United States to Alaska Natives. (Pub. L. 89–10, title VI, § 6302, formerly title VII, § 7302, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1942; renumbered title VI, § 6302, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6004(a), Dec. 10, 2015, 129 Stat. 2046, 2067.) Editorial Notes REFERENCES IN TEXT Public Law 98–63, referred to in par. (6), is Pub. L. 98–63, July 30, 1983, 97 Stat. 301, known as the Supple- mental Appropriations Act, 1983. For complete classi- fication of this Act to the Code, see Tables. For provi- sions related to cessation of funding from the Bureau of Indian Affairs for schools in Alaska, see 97 Stat. 326. PRIOR PROVISIONS A prior section 7542, Pub. L. 89–10, title VII, § 7302, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3739, related to State administrative costs, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6302 of Pub. L. 89–10 was classified to section 7372 of this title prior to the general amend- ment of part C of subchapter V of this chapter by Pub. L. 114–95. Another prior section 6302 of Pub. L. 89–10 was classi- fied to section 7352 of this title, prior to the general amendment of former subchapter VI of this chapter by Pub. L. 107–110.