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20 U.S.C. § 7454 — Untitled legal text

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

20 U.S.C. § 7454 — Untitled legal text

Page 1555 TITLE 20—EDUCATION § 7454 achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary edu- cation or workforce development pro- grams, of students who are enrolled in the school’s programs. (2) Limitation The Secretary shall not give a priority in awarding grants under this section based on the information described in paragraph (1)(E). (3) Submission of certification (A) In general An eligible entity that is a public elemen- tary school or secondary school (including a public charter school or a school operated by the Bureau of Indian Education) or a non- tribal for-profit or nonprofit organization shall submit, along with the application re- quirements described in paragraph (1), a cer- tification described in subparagraph (B) indi- cating that— (i) the school or organization has the ca- pacity to provide education primarily through a Native American or an Alaska Native language; and (ii) there are sufficient speakers of the target language at the school or available to be hired by the school or organization. (B) Certification The certification described in subpara- graph (A) shall be from one of the following entities, on whose land the school or pro- gram is located, that is an entity served by such school, or that is an entity whose mem- bers (as defined by that entity) are served by the school: (i) A Tribal College or University (as de- fined in section 1059c of this title). (ii) A Federally recognized Indian tribe or tribal organization. (iii) An Alaska Native Regional Corpora- tion or an Alaska Native nonprofit organi- zation. (iv) A Native Hawaiian organization. (d) Awarding of grants In awarding grants under this section, the Sec- retary shall— (1) determine the amo

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Page 1555 TITLE 20—EDUCATION § 7454 achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary edu- cation or workforce development pro- grams, of students who are enrolled in the school’s programs. (2) Limitation The Secretary shall not give a priority in awarding grants under this section based on the information described in paragraph (1)(E). (3) Submission of certification (A) In general An eligible entity that is a public elemen- tary school or secondary school (including a public charter school or a school operated by the Bureau of Indian Education) or a non- tribal for-profit or nonprofit organization shall submit, along with the application re- quirements described in paragraph (1), a cer- tification described in subparagraph (B) indi- cating that— (i) the school or organization has the ca- pacity to provide education primarily through a Native American or an Alaska Native language; and (ii) there are sufficient speakers of the target language at the school or available to be hired by the school or organization. (B) Certification The certification described in subpara- graph (A) shall be from one of the following entities, on whose land the school or pro- gram is located, that is an entity served by such school, or that is an entity whose mem- bers (as defined by that entity) are served by the school: (i) A Tribal College or University (as de- fined in section 1059c of this title). (ii) A Federally recognized Indian tribe or tribal organization. (iii) An Alaska Native Regional Corpora- tion or an Alaska Native nonprofit organi- zation. (iv) A Native Hawaiian organization. (d) Awarding of grants In awarding grants under this section, the Sec- retary shall— (1) determine the amount of each grant and the duration of each grant, which shall not ex- ceed 3 years; and (2) ensure, to the maximum extent feasible, that diversity in languages is represented. (e) Activities authorized (1) Required activities An eligible entity that receives a grant under this section shall use such funds to carry out the following activities: (A) Supporting Native American or Alaska Native language education and development. (B) Providing professional development for teachers and, as appropriate, staff and ad- ministrators to strengthen the overall lan- guage and academic goals of the school that will be served by the grant program. (2) Allowable activities An eligible entity that receives a grant under this section may use such funds to carry out the following activities: (A) Developing or refining curriculum, in- cluding teaching materials and activities, as appropriate. (B) Creating or refining assessments writ- ten in the Native American or Alaska Native language of instruction that measure stu- dent proficiency and that are aligned with State or tribal academic standards. (C) Carrying out other activities that pro- mote the maintenance and revitalization of the Native American or Alaska Native lan- guage relevant to the grant program. (f) Report to Secretary Each eligible entity that receives a grant under this section shall prepare and submit an annual report to the Secretary, which shall in- clude— (1) the activities the entity carried out to meet the purposes of this section; and (2) the number of children served by the pro- gram and the number of instructional hours in the Native American or Alaska Native lan- guage. (g) Administrative costs Not more than 5 percent of the funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. (Pub. L. 89–10, title VI, § 6133, as added Pub. L. 114–95, title VI, § 6002(o), Dec. 10, 2015, 129 Stat. 2057.) Editorial Notes REFERENCES IN TEXT The Native American Languages Act, referred to in subsec. (a)(2), is title I of Pub. L. 101–477, Oct. 30, 1990, 104 Stat. 1153, which is classified generally to chapter 31 (§ 2901 et seq.) of Title 25, Indians. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2901 of Title 25 and Tables. PRIOR PROVISIONS A prior section 7453, Pub. L. 89–10, title VI, § 6133, for- merly title VII, § 7133, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1924; renumbered title VI, § 6133, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat. 2046, related to fellowships for Indian students, prior to repeal by Pub. L. 114–95, § 5, title VI, § 6002(n)(1), Dec. 10, 2015, 129 Stat. 1806, 2057, effective Dec. 10, 2015, except with respect to certain non- competitive programs and competitive programs. Another prior section 7453, Pub. L. 89–10, title VII, § 7133, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3730, related to academic excellence awards, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6133 of Pub. L. 89–10 was classified to section 7311b of this title, prior to repeal by Pub. L. 114–95. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 7454. Repealed. Pub. L. 114–95, title VI, § 6002(n)(1), Dec. 10, 2015, 129 Stat. 2057 Section, Pub. L. 89–10, title VI, § 6134, formerly title VII, § 7134, as added Pub. L. 107–110, title VII, § 701, Jan. Page 1556 TITLE 20—EDUCATION § 7455 8, 2002, 115 Stat. 1925; amended Pub. L. 110–315, title IX, § 941(k)(2)(F)(ii), Aug. 14, 2008, 122 Stat. 3466; renum- bered title VI, § 6134, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat. 2046, related to gifted and talented Indian students. A prior section 7454, Pub. L. 89–10, title VII, § 7134, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3730, related to State grant program, prior to the gen- eral amendment of former subchapter VII of this chap- ter by Pub. L. 107–110. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 7455. Transferred Editorial Notes CODIFICATION Section, Pub. L. 89–10, title VII, § 7135, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1928, which related to grants to Indian tribes for education administrative planning and development, was renum- bered title VI, § 6132, of Pub. L. 89–10 by Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(n)(2), Dec. 10, 2015, 129 Stat. 2046, 2057, and transferred to section 7452 of this title. PRIOR PROVISIONS A prior section 7455, Pub. L. 89–10, title VII, § 7135, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3731, established National Clearinghouse for Bilingual Education, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. § 7456. Repealed. Pub. L. 114–95, title VI, § 6002(q), Dec. 10, 2015, 129 Stat. 2062 Section, Pub. L. 89–10, title VI, § 6136, formerly title VII, § 7136, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1929; renumbered title VI, § 6136, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat. 2046, related to improvement of educational opportuni- ties for adult Indians. A prior section 7456, Pub. L. 89–10, title VII, § 7136, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3732, related to instructional materials development, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 114–95, set out as an Ef- fective Date of 2015 Amendment note under section 6301 of this title. § 7457. Native American language resource cen- ters (a) Purpose The purpose of this Act is to further align the resources provided by the Department of Edu- cation with the policies set forth in the Native American Languages Act (25 U.S.C. 2901 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 oper- ating 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 edu- cation in the American Indian and Alaska Na- tive languages and the Native Hawaiian lan- guage in a preschool, elementary school, sec- ondary school, adult education, or higher edu- cation program. (c) Authorized activities The Native American language resource cen- ter 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, prac- tice, and develop Native American languages in furtherance of— (A) the policies set forth in the Native American Languages Act (25 U.S.C. 2901 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 reclama- tion of Native American languages; and (6) support the use of Native American lan- guages as a medium of instruction for a wide variety of age levels, academic content areas, and types of schools, including Native Amer- ican language medium education. (d) Additional authorized activities The Native American language resource cen- ter established under subsection (b) may also carry out activities— (1) to encourage and support the use of Na- tive American languages within educational systems in the same manner as other world languages, including by encouraging State educational agencies, local educational agen- cies, 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, qualifica- tions, and processes based on promising prac- tices in Native American language medium education; (3) to provide assistance to Native American language programs seeking Federal resources; (4) to encourage and support teacher prepa- ration programs that prepare teachers to teach Native American languages and to use

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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. § 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. § 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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