20 U.S.C. § 7442 — Professional development for teachers

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 Page 1551 TITLE 20—EDUCATION § 7442 least one Tribal College or University, as de- fined in section 1059c(b) of this title, where feasible. (c) Program authorized The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable those entities to carry out the activities described in subsection (d). (d) Authorized activities (1) In general Grant funds under this section shall be used for activities to provide support and training for Indian individuals in a manner consistent with the purpose of this section. Such activi- ties may include— (A) continuing education programs, symposia, workshops, and conferences; (B) teacher mentoring programs, profes- sional guidance, and instructional support provided by educators, local traditional leaders, or cultural experts, as appropriate for teachers during their first 3 years of em- ployment as teachers; (C) direct financial support; and (D) programs designed to train traditional leaders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and sup- port. (2) Special rules (A) Type of training For education personnel, the training re- ceived pursuant to a grant under this section may be inservice or preservice training. (B) Program For individuals who are being trained to enter any field other than teaching, the training received pursuant to a grant under this section shall be in a program that re- sults in a graduate degree. (e) Application Each eligible entity desiring 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. At a min- imum, an application under this section shall describe how the eligible entity will— (1) recruit qualified Indian individuals, such as students who may not be of traditional col- lege age, to become teachers, principals, or school leaders; (2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and (3) assist participants in meeting the re- quirements under subsection (h). (f) Special rule In awarding grants under this section, the Sec- retary— (1) may give priority to Tribal Colleges and Universities; (2) shall consider the prior performance of the eligible entity; and (3) may not limit eligibility to receive a grant under this section on the basis of the length of any period for which the eligible en- tity has received a grant. (g) Grant period The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an addi- tional period of not more than 2 years if the Sec- retary finds that the grantee is achieving the objectives of the grant. (h) Service obligation (1) In general The Secretary shall require, by regulation, that an individual who receives training pur- suant to a grant made under this section— (A) perform work— (i) related to the training received under this section; and (ii) that benefits Indian students in a local educational agency that serves a high proportion of Indian students; or (B) repay all or a prorated part of the as- sistance received. (2) Reporting The Secretary shall establish, by regulation, a reporting procedure under which a grant re- cipient under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement under paragraph (1). (Pub. L. 89–10, title VI, § 6122, formerly title VII, § 7122, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1922; renumbered title VI, § 6122, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(l), Dec. 10, 2015, 129 Stat. 2046, 2056.) Editorial Notes REFERENCES IN TEXT Section 2026 of title 25, referred to in subsec. (b)(4), was omitted in the general amendment of chapter 22 of Title 25, Indians, by Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007. See section 2021 of Title 25. PRIOR PROVISIONS A prior section 6122 of Pub. L. 89–10 was renumbered section 5102 and is classified to section 7305a of this title. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–95, § 6002(l)(1)(A), added par. (1) and struck out former par. (1) which read as follows: ‘‘to increase the number of qualified Indian individuals in teaching or other education professions that serve Indian people;’’. Subsec. (a)(2). Pub. L. 114–95, § 6002(l)(1)(B), added par. (2) and struck out former par. (2) which read as follows: ‘‘to provide training to qualified Indian individuals to enable such individuals to become teachers, adminis- trators, teacher aides, social workers, and ancillary educational personnel; and’’. Subsec. (a)(4). Pub. L. 114–95, § 6002(l)(1)(C), (D), added par. (4). Subsec. (b)(1). Pub. L. 114–95, § 6002(l)(2)(A), sub- stituted ‘‘including a Tribal College or University, as defined in section 1059c(b) of this title’’ for ‘‘including an Indian institution of higher education’’. Page 1552 TITLE 20—EDUCATION § 7451 Subsec. (b)(4). Pub. L. 114–95, § 6002(l)(2)(B), inserted before period at end ‘‘in a consortium with at least one Tribal College or University, as defined in section 1059c(b) of this title, where feasible’’. Subsec. (d)(1). Pub. L. 114–95, § 6002(l)(3), substituted ‘‘purpose of this section.’’ for ‘‘purposes of this sec- tion.’’ and ‘‘Such activities may include—’’ and sub- pars. (A) to (D) for ‘‘Such activities may include con- tinuing programs, symposia, workshops, conferences, and direct financial support, and may include programs designed to train tribal elders and seniors.’’ Subsec. (e). Pub. L. 114–95, § 6002(l)(4), added subsec. (e) and struck out former subsec. (e). Prior to amend- ment, text read as follows: ‘‘Each eligible entity desir- ing a grant under this section shall submit an applica- tion to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require.’’ Subsec. (f). Pub. L. 114–95, § 6002(l)(5), added par. (1), redesignated former pars. (1) and (2) as (2) and (3), re- spectively, and, in par. (3), substituted ‘‘basis of the length of any period for which the eligible entity has received a grant.’’ for ‘‘basis of— ‘‘(A) the number of previous grants the Secretary has awarded such entity; or ‘‘(B) the length of any period during which such en- tity received such grants.’’ Subsec. (g). Pub. L. 114–95, § 6002(l)(6), added subsec. (g) and struck out former subsec. (g). Prior to amend- ment, text read as follows: ‘‘Each grant under this sec- tion shall be awarded for a period of not more than 5 years.’’ Subsec. (h)(1)(A)(ii). Pub. L. 114–95, § 6002(l)(7), sub- stituted ‘‘students in a local educational agency that serves a high proportion of Indian students’’ for ‘‘peo- ple’’. 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 3—NATIONAL ACTIVITIES § 7451. National research activities (a) Authorized activities The Secretary may use funds made available to carry out this subpart for each fiscal year to— (1) conduct research related to effective ap- proaches for the education of Indian children and adults; (2) evaluate federally assisted education pro- grams from which Indian children and adults may benefit; (3) collect and analyze data on the edu- cational status and needs of Indians; and (4) carry out other activities that are con- sistent with the purpose of this part. (b) Eligibility The Secretary may carry out any of the ac- tivities described in subsection (a) directly or through grants to, or contracts or cooperative agreements with, Indian tribes, Indian organiza- tions, State educational agencies, local edu- cational agencies, institutions of higher edu- cation, including Indian institutions of higher education, and other public and private agencies and institutions. (c) Coordination Research activities supported under this sec- tion— (1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activi- ties supported by the Institute; and (2) may include collaborative research ac- tivities that are jointly funded and carried out by the Office of Indian Education Programs, the Bureau of Indian Education, and the Insti- tute of Education Sciences. (Pub. L. 89–10, title VI, § 6131, formerly title VII, § 7131, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1923; amended Pub. L. 107–279, title IV, § 404(d)(5)(E), (8), Nov. 5, 2002, 116 Stat. 1986; renumbered title VI, § 6131, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(m), Dec. 10, 2015, 129 Stat. 2046, 2057.) Editorial Notes PRIOR PROVISIONS A prior section 7451, Pub. L. 89–10, title VII, § 7131, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3729, authorized research, evaluation of activities, and dissemination of information, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6131 of Pub. L. 89–10 was classified to section 7311 of this title, prior to repeal by Pub. L. 114–95. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–95, § 6002(m)(1), sub- stituted ‘‘to carry out this subpart’’ for ‘‘under section 7492(b) of this title’’ in introductory provisions. Subsec. (c)(2). Pub. L. 114–95, § 6002(m)(2), inserted ‘‘, the Bureau of Indian Education,’’ after ‘‘Office of In- dian Education Programs’’. 2002—Subsec. (c)(1). Pub. L. 107–279 substituted ‘‘Insti- tute of Education Sciences’’ for ‘‘Office of Educational Research and Improvement’’ and ‘‘by the Institute’’ for ‘‘by the Office’’. Subsec. (c)(2). Pub. L. 107–279, § 404(d)(5)(E), sub- stituted ‘‘Institute of Education Sciences’’ for ‘‘Office of Educational Research and Improvement’’. 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. § 7452. Grants to tribes for education administra- tive planning, development, and coordina- tion (a) In general The Secretary may award grants under this section to eligible applicants to enable the eligi- ble applicants to— (1) promote tribal self-determination in edu- cation; (2) improve the academic achievement of In- dian children and youth; and (3) promote the coordination and collabora- tion 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: