Usc 20 7421-7429

Attachment B
USC 20, Section 7421-7429
SUBPART 1—FORMULA GRANTS TO LOCAL
EDUCATIONAL AGENCIES

§ 7402

TITLE 20—EDUCATION

the conduct of the study, and shall make that agenda
available to the public on the Internet.
(b) The Secretary of Education, in coordination with
the Working Group, shall issue a report to the President that shall:
(i) provide the latest data available from the study;
(ii) comprehensively describe the educational
status and progress of American Indian and Alaska
Native students with respect to meeting the goals
outlined in the No Child Left Behind Act of 2001 and
any other student achievement goals the Secretary of
Education or the Secretary of the Interior may deem
necessary;
(iii) report on proven methods for improving American Indian and Alaska Native student academic
achievement; and
(iv) update the Federal interagency plan outlined in
section 2(b) of this order.
SEC. 4. Enhancement of Research Capabilities of TribalLevel Educational Institutions. The Secretary of Education and the Secretary of the Interior shall consult
with the entities set forth in section 2(a) of this order
and tribally controlled colleges and universities to seek
ways to develop and enhance the capacity of tribal governments, tribal universities and colleges, and schools
and educational programs serving American Indian and
Alaska Native students and communities to carry out,
disseminate, and implement education research, as well
as to develop related partnerships or collaborations
with non-tribal universities, colleges, and research organizations.
SEC. 5. National Conference. The Secretary of Education and the Secretary of the Interior, in collaboration with the Working Group and Federal, State, tribal,
and local government representatives, shall jointly
convene a forum on the No Child Left Behind Act of
2001 [Pub. L. 107–110, see Tables for classification] to
identify means to enhance communication, collaboration, and cooperative strategies to improve the education of American Indian and Alaska Native students
attending Federal, State, tribal, and local schools.
SEC. 6. Administration. The Department of Education
shall provide appropriate administrative services and
staff support to the Working Group. With the consent
of the Department of Education, other participating
agencies may provide administrative support to the
Working Group, to the extent permitted by law and
consistent with their statutory authority.
SEC. 7. Termination. The Working Group established
under section 2 of this order shall terminate not later
than 5 years from the date of this order, unless extended by the President.
SEC. 8. Consultation. The Secretary of Education and
Secretary of the Interior shall consult the Attorney
General as appropriate on the implementation of this
order, to ensure that such implementation affords the
equal protection of the laws required by the due process
clause of the Fifth Amendment to the Constitution.
SEC. 9. General Provisions.
(a) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right, benefit, or
trust responsibility, substantive or procedural, enforceable at law or equity, by a party against the United
States, its agencies or instrumentalities, its officers or
employees, or any other person.
(b) Executive Order 13096 of August 6, 1998 [formerly
set out as a note above], is revoked.
GEORGE W. BUSH.

§ 7402. Purpose
(a) Purpose
It is the purpose of this part to support the efforts of local educational agencies, Indian tribes
and organizations, postsecondary institutions,
and other entities to meet the unique educational and culturally related academic needs
of American Indian and Alaska Native students,

Page 1290

so that such students can meet the same challenging State student academic achievement
standards as all other students are expected to
meet.
(b) Programs
This part carries out the purpose described in
subsection (a) of this section by authorizing programs of direct assistance for—
(1) meeting the unique educational and culturally related academic needs of American
Indians and Alaska Natives;
(2) the education of Indian children and
adults;
(3) the training of Indian persons as educators and counselors, and in other professions
serving Indian people; and
(4) research, evaluation, data collection, and
technical assistance.
(Pub. L. 89–10, title VII, § 7102, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1907.)
PRIOR PROVISIONS
A prior section 7402, Pub. L. 89–10, title VII, § 7102, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3716, set forth findings, policy, and purpose of Bilingual
Education Act, prior to the general amendment of this
subchapter by Pub. L. 107–110.
Prior sections 7403 to 7405 were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 7403, Pub. L. 89–10, title VII, § 7103, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3718,
authorized appropriations for bilingual education. See
section 6801 of this title.
Section 7404, Pub. L. 89–10, title VII, § 7104, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3718,
related to Native American and Alaska Native children
in school. See sections 6822 and 6893 of this title.
Section 7405, Pub. L. 89–10, title VII, § 7105, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3719,
related to residents of territories and freely associated
nations. See section 6894 of this title.
SUBPART 1—FORMULA GRANTS TO LOCAL
EDUCATIONAL AGENCIES

§ 7421. Purpose
It is the purpose of this subpart to support
local educational agencies in their efforts to reform elementary school and secondary school
programs that serve Indian students in order to
ensure that such programs—
(1) are based on challenging State academic
content and student academic achievement
standards that are used for all students; and
(2) are designed to assist Indian students in
meeting those standards.
(Pub. L. 89–10, title VII, § 7111, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1908.)
PRIOR PROVISIONS
A prior section 7421, Pub. L. 89–10, title VII, § 7111, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3719, related to financial assistance for bilingual education, prior to the general amendment of this subchapter by Pub. L. 107–110. See section 6911 of this title.

§ 7422. Grants to local educational agencies and
tribes
(a) In general
The Secretary may make grants, from allocations made under section 7423 of this title, to

Page 1291

TITLE 20—EDUCATION

local educational agencies and Indian tribes, in
accordance with this section and section 7423 of
this title.
(b) Local educational agencies
(1) Enrollment requirements
A local educational agency shall be eligible
for a grant under this subpart for any fiscal
year if the number of Indian children eligible
under section 7427 of this title who were enrolled in the schools of the agency, and to
whom the agency provided free public education, during the preceding fiscal year—
(A) was at least 10; or
(B) constituted not less than 25 percent of
the total number of individuals enrolled in
the schools of such agency.
(2) Exclusion
The requirement of paragraph (1) shall not
apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency
located on, or in proximity to, a reservation.
(c) Indian tribes
(1) In general
If a local educational agency that is otherwise eligible for a grant under this subpart
does not establish a committee under section
7424(c)(4) of this title for such grant, an Indian
tribe that represents not less than 1⁄2 of the eligible Indian children who are served by such
local educational agency may apply for such
grant.
(2) Special rule
The Secretary shall treat each Indian tribe
applying for a grant pursuant to paragraph (1)
as if such Indian tribe were a local educational
agency for purposes of this subpart, except
that any such tribe is not subject to section
7424(c)(4), section 7428(c), or section 7429 of this
title.
(Pub. L. 89–10, title VII, § 7112, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1908.)
PRIOR PROVISIONS
A prior section 7422, Pub. L. 89–10, title VII, § 7112, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3719, related to program development and implementation grants, prior to the general amendment of this
subchapter by Pub. L. 107–110.

§ 7423. Amount of grants
(a) Amount of grant awards
(1) In general
Except as provided in subsection (b) of this
section and paragraph (2), the Secretary shall
allocate to each local educational agency that
has an approved application under this subpart
an amount equal to the product of—
(A) the number of Indian children who are
eligible under section 7427 of this title and
served by such agency; and
(B) the greater of—
(i) the average per pupil expenditure of
the State in which such agency is located;
or
(ii) 80 percent of the average per pupil
expenditure of all the States.

§ 7423

(2) Reduction
The Secretary shall reduce the amount of
each allocation otherwise determined under
this section in accordance with subsection (e)
of this section.
(b) Minimum grant
(1) In general
Notwithstanding subsection (e) of this section, an entity that is eligible for a grant
under section 7422 of this title, and a school
that is operated or supported by the Bureau of
Indian Affairs that is eligible for a grant under
subsection (d) of this section, that submits an
application that is approved by the Secretary,
shall, subject to appropriations, receive a
grant under this subpart in an amount that is
not less than $3,000.
(2) Consortia
Local educational agencies may form a consortium for the purpose of obtaining grants
under this subpart.
(3) Increase
The Secretary may increase the minimum
grant under paragraph (1) to not more than
$4,000 for all grantees if the Secretary determines such increase is necessary to ensure the
quality of the programs provided.
(c) Definition
For the purpose of this section, the term ‘‘average per pupil expenditure’’, used with respect
to a State, means an amount equal to—
(1) the sum of the aggregate current expenditures of all the local educational agencies in
the State, plus any direct current expenditures by the State for the operation of such
agencies, without regard to the sources of
funds from which such local or State expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is made; divided by
(2) the aggregate number of children who
were included in average daily attendance for
whom such agencies provided free public education during such preceding fiscal year.
(d) Schools operated or supported by the Bureau
of Indian Affairs
(1) In general
Subject to subsection (e) of this section, in
addition to the grants awarded under subsection (a) of this section, the Secretary shall
allocate to the Secretary of the Interior an
amount equal to the product of—
(A) the total number of Indian children enrolled in schools that are operated by—
(i) the Bureau of Indian Affairs; or
(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal government, for the children of that
tribe under a contract with, or grant from,
the Department of the Interior under the
Indian Self-Determination Act [25 U.S.C.
450f et seq.] or the Tribally Controlled
Schools Act of 1988 [25 U.S.C. 2501 et seq.];
and
(B) the greater of—
(i) the average per pupil expenditure of
the State in which the school is located; or

§ 7424

TITLE 20—EDUCATION

Page 1292

(ii) 80 percent of the average per pupil
expenditure of all the States.
(2) Special rule
Any school described in paragraph (1)(A)
that wishes to receive an allocation under this
subpart shall submit an application in accordance with section 7424 of this title, and shall
otherwise be treated as a local educational
agency for the purpose of this subpart, except
that such school shall not be subject to section 7424(c)(4) of this title, section 7428(c) of
this title, or section 7429 of this title.
(e) Ratable reductions
If the sums appropriated for any fiscal year
under section 7492(a) of this title are insufficient
to pay in full the amounts determined for local
educational agencies under subsection (a)(1) of
this section and for the Secretary of the Interior
under subsection (d) of this section, each of
those amounts shall be ratably reduced.

and benchmarks for attaining such goals, that
are based on the challenging State academic
content and student academic achievement
standards adopted under subchapter I of this
chapter for all children;
(3) explains how Federal, State, and local
programs, especially programs carried out
under subchapter I of this chapter, will meet
the needs of such students;
(4) demonstrates how funds made available
under this subpart will be used for activities
described in section 7425 of this title;
(5) describes the professional development
opportunities that will be provided, as needed,
to ensure that—
(A) teachers and other school professionals
who are new to the Indian community are
prepared to work with Indian children; and
(B) all teachers who will be involved in
programs assisted under this subpart have
been properly trained to carry out such programs; and

(Pub. L. 89–10, title VII, § 7113, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1908.)

(6) describes how the local educational agency—
(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian children who do not participate in programs assisted under this subpart, in meeting the goals described in paragraph (2);
(B) will provide the results of each assessment referred to in subparagraph (A) to—
(i) the committee described in subsection
(c)(4) of this section; and
(ii) the community served by the local
educational agency; and

REFERENCES IN TEXT
The Indian Self-Determination Act, referred to in
subsec. (d)(1)(A)(ii), is title I of Pub. L. 93–638, Jan. 4,
1975, 88 Stat. 2206, as amended, which is classified principally to part A (§ 450f et seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete classification
of this Act to the Code, see Short Title note set out
under section 450 of Title 25 and Tables.
The Tribally Controlled Schools Act of 1988, referred
to in subsec. (d)(1)(A)(ii), is part B (§ 5201–5212) of title
V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as
amended, which is classified generally to chapter 27
(§ 2501 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note
set out under section 2501 of Title 25 and Tables.
PRIOR PROVISIONS
A prior section 7423, Pub. L. 89–10, title VII, § 7113, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3720, related to program enhancement projects, prior to
the general amendment of this subchapter by Pub. L.
107–110. See section 6912 of this title.

§ 7424. Applications
(a) Application required
Each local educational agency that desires to
receive a grant under this subpart shall submit
an application to the Secretary at such time, in
such manner, and containing such information
as the Secretary may reasonably require.
(b) Comprehensive program required
Each application submitted under subsection
(a) of this section shall include a description of
a comprehensive program for meeting the needs
of Indian children served by the local educational agency, including the language and cultural needs of the children, that—
(1) describes how the comprehensive program will offer programs and activities to
meet the culturally related academic needs of
American Indian and Alaska Native students;
(2)(A) is consistent with the State and local
plans submitted under other provisions of this
chapter; and
(B) includes academic content and student
academic achievement goals for such children,

(C) is responding to findings of any previous assessments that are similar to the assessments described in subparagraph (A).
(c) Assurances
Each application submitted under subsection
(a) of this section shall include assurances
that—
(1) the local educational agency will use
funds received under this subpart only to supplement the funds that, in the absence of the
Federal funds made available under this subpart, such agency would make available for
the education of Indian children, and not to
supplant such funds;
(2) the local educational agency will prepare
and submit to the Secretary such reports, in
such form and containing such information, as
the Secretary may require to—
(A) carry out the functions of the Secretary under this subpart; and
(B) determine the extent to which activities carried out with funds provided to the
local educational agency under this subpart
are effective in improving the educational
achievement of Indian students served by
such agency;
(3) the program for which assistance is
sought—
(A) is based on a comprehensive local assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska
Native students for whom the local educational agency is providing an education;

Page 1293

§ 7425

TITLE 20—EDUCATION

(B) will use the best available talents and
resources, including individuals from the Indian community; and
(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian students from secondary schools, including
through public hearings held by such agency
to provide to the individuals described in
this subparagraph a full opportunity to understand the program and to offer recommendations regarding the program; and
(4) the local educational agency developed
the program with the participation and written approval of a committee—
(A) that is composed of, and selected by—
(i) parents of Indian children in the local
educational agency’s schools;
(ii) teachers in the schools; and
(iii) if appropriate, Indian students attending secondary schools of the agency;
(B) a majority of whose members are parents of Indian children;
(C) that has set forth such policies and
procedures, including policies and procedures relating to the hiring of personnel, as
will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents of the children, and
representatives of the area, to be served;
(D) with respect to an application describing a schoolwide program in accordance with
section 7425(c) of this title, that has—
(i) reviewed in a timely fashion the program; and
(ii) determined that the program will not
diminish the availability of culturally related activities for American Indian and
Alaska Native students; and
(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee and abides by such bylaws.
(Pub. L. 89–10, title VII, § 7114, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1910.)
PRIOR PROVISIONS
A prior section 7424, Pub. L. 89–10, title VII, § 7114, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3721, related to comprehensive school grants, prior to
the general amendment of this subchapter by Pub. L.
107–110. See section 6913 of this title.

§ 7425. Authorized services and activities
(a) General requirements
Each local educational agency that receives a
grant under this subpart shall use the grant
funds, in a manner consistent with the purpose
specified in section 7421 of this title, for services
and activities that—
(1) are designed to carry out the comprehensive program of the local educational agency
for Indian students, and described in the application of the local educational agency submitted to the Secretary under section 7424(a) of
this title;
(2) are designed with special regard for the
language and cultural needs of the Indian students; and

(3) supplement and enrich the regular school
program of such agency.
(b) Particular activities
The services and activities referred to in subsection (a) of this section may include—
(1) culturally related activities that support
the program described in the application submitted by the local educational agency;
(2) early childhood and family programs that
emphasize school readiness;
(3) enrichment programs that focus on problem solving and cognitive skills development
and directly support the attainment of challenging State academic content and student
academic achievement standards;
(4) integrated educational services in combination with other programs that meet the
needs of Indian children and their families;
(5) career preparation activities to enable Indian students to participate in programs such
as the programs supported by the Carl D. Perkins Career and Technical Education Act of
2006 [20 U.S.C. 2301 et seq.], including programs
for tech-prep education, mentoring, and apprenticeship;
(6) activities to educate individuals concerning substance abuse and to prevent substance
abuse;
(7) the acquisition of equipment, but only if
the acquisition of the equipment is essential
to achieve the purpose described in section
7421 of this title;
(8) activities that promote the incorporation
of culturally responsive teaching and learning
strategies into the educational program of the
local educational agency;
(9) activities that incorporate American Indian and Alaska Native specific curriculum
content, consistent with State standards, into
the curriculum used by the local educational
agency;
(10) family literacy services; and
(11) activities that recognize and support the
unique cultural and educational needs of Indian children, and incorporate appropriately
qualified tribal elders and seniors.
(c) Schoolwide programs
Notwithstanding any other provision of law, a
local educational agency may use funds made
available to such agency under this subpart to
support a schoolwide program under section 6314
of this title if—
(1) the committee established pursuant to
section 7424(c)(4) of this title approves the use
of the funds for the schoolwide program; and
(2) the schoolwide program is consistent
with the purpose described in section 7421 of
this title.
(d) Limitation on 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 VII, § 7115, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1912;
amended Pub. L. 109–270, § 2(f)(4), Aug. 12, 2006,
120 Stat. 747.)
REFERENCES IN TEXT
The Carl D. Perkins Career and Technical Education
Act of 2006, referred to in subsec. (b)(5), is Pub. L.

§ 7426

TITLE 20—EDUCATION

88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally
by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683,
which is classified generally to chapter 44 (§ 2301 et seq.)
of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
2301 of this title and Tables.
PRIOR PROVISIONS
A prior section 7425, Pub. L. 89–10, title VII, § 7115, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3722, related to systemwide improvement grants, prior
to the general amendment of this subchapter by Pub.
L. 107–110. See section 6913 of this title.
AMENDMENTS
2006—Subsec. (b)(5). Pub. L. 109–270 substituted ‘‘Carl
D. Perkins Career and Technical Education Act of 2006’’
for ‘‘Carl D. Perkins Vocational and Technical Education Act of 1998’’.

§ 7426. Integration of services authorized
(a) Plan
An entity receiving funds under this subpart
may submit a plan to the Secretary for the integration of education and related services provided to Indian students.
(b) Consolidation of programs
Upon the receipt of an acceptable plan under
subsection (a) of this section, the Secretary, in
cooperation with each Federal agency providing
grants for the provision of education and related
services to the entity, shall authorize the entity
to consolidate, in accordance with such plan,
the federally funded education and related services programs of the entity and the Federal programs, or portions of the programs, serving Indian students in a manner that integrates the
program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions.
(c) Programs affected
The funds that may be consolidated in a demonstration project under any such plan referred
to in subsection (a) of this section shall include
funds for any Federal program exclusively serving Indian children, or the funds reserved under
any Federal program to exclusively serve Indian
children, under which the entity is eligible for
receipt of funds under a statutory or administrative formula for the purposes of providing
education and related services that would be
used to serve Indian students.
(d) Plan requirements
For a plan to be acceptable pursuant to subsection (b) of this section, the plan shall—
(1) identify the programs or funding sources
to be consolidated;
(2) be consistent with the objectives of this
section concerning authorizing the services to
be integrated in a demonstration project;
(3) describe a comprehensive strategy that
identifies the full range of potential educational opportunities and related services to
be provided to assist Indian students to
achieve the objectives set forth in this subpart;
(4) describe the way in which services are to
be integrated and delivered and the results expected from the plan;

Page 1294

(5) identify the projected expenditures under
the plan in a single budget;
(6) identify the State, tribal, or local agency
or agencies to be involved in the delivery of
the services integrated under the plan;
(7) identify any statutory provisions, regulations, policies, or procedures that the entity
believes need to be waived in order to implement the plan;
(8) set forth measures for academic content
and student academic achievement goals designed to be met within a specific period of
time; and
(9) be approved by a committee formed in accordance with section 7424(c)(4) of this title, if
such a committee exists.
(e) Plan review
Upon receipt of the plan from an eligible entity, the Secretary shall consult with the Secretary of each Federal department providing
funds to be used to implement the plan, and
with the entity submitting the plan. The parties
so consulting shall identify any waivers of statutory requirements or of Federal departmental
regulations, policies, or procedures necessary to
enable the entity to implement the plan. Notwithstanding any other provision of law, the
Secretary of the affected department shall have
the authority to waive any regulation, policy, or
procedure promulgated by that department that
has been so identified by the entity or department, unless the Secretary of the affected department determines that such a waiver is inconsistent with the objectives of this subpart or
those provisions of the statute from which the
program involved derives authority that are specifically applicable to Indian students.
(f) Plan approval
Within 90 days after the receipt of an entity’s
plan by the Secretary, the Secretary shall inform the entity, in writing, of the Secretary’s
approval or disapproval of the plan. If the plan
is disapproved, the entity shall be informed, in
writing, of the reasons for the disapproval and
shall be given an opportunity to amend the plan
or to petition the Secretary to reconsider such
disapproval.
(g) Responsibilities of Department of Education
Not later than 180 days after January 8, 2002,
the Secretary of Education, the Secretary of the
Interior, and the head of any other Federal department or agency identified by the Secretary
of Education, shall enter into an interdepartmental memorandum of agreement providing for
the implementation of the demonstration
projects authorized under this section. The lead
agency head for a demonstration project under
this section shall be—
(1) the Secretary of the Interior, in the case
of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978 [25 U.S.C. 2001 et
seq.]; or
(2) the Secretary of Education, in the case of
any other entity.
(h) Responsibilities of lead agency
The responsibilities of the lead agency shall
include—

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§ 7426

TITLE 20—EDUCATION

(1) the use of a single report format related
to the plan for the individual project, which
shall be used by an eligible entity to report on
the activities undertaken under the project;
(2) the use of a single report format related
to the projected expenditures for the individual project which shall be used by an eligible
entity to report on all project expenditures;
(3) the development of a single system of
Federal oversight for the project, which shall
be implemented by the lead agency; and
(4) the provision of technical assistance to
an eligible entity appropriate to the project,
except that an eligible entity shall have the
authority to accept or reject the plan for providing such technical assistance and the technical assistance provider.
(i) Report requirements
A single report format shall be developed by
the Secretary, consistent with the requirements
of this section. Such report format shall require
that reports described in subsection (h) of this
section, together with records maintained on
the consolidated program at the local level,
shall contain such information as will allow a
determination that the eligible entity has complied with the requirements incorporated in its
approved plan, including making a demonstration of student academic achievement, and will
provide assurances to each Secretary that the
eligible entity has complied with all directly applicable statutory requirements and with those
directly applicable regulatory requirements that
have not been waived.
(j) No reduction in amounts
In no case shall the amount of Federal funds
available to an eligible entity involved in any
demonstration project be reduced as a result of
the enactment of this section.
(k) Interagency fund transfers authorized
The Secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to
an eligible entity in order to further the objectives of this section.
(l) Administration of funds
(1) In general
Program funds for the consolidated programs shall be administered in such a manner
as to allow for a determination that funds
from a specific program are spent on allowable
activities authorized under such program, except that the eligible entity shall determine
the proportion of the funds granted that shall
be allocated to such program.
(2) Separate records not required
Nothing in this section shall be construed as
requiring the eligible entity to maintain separate records tracing any services or activities
conducted under the approved plan to the individual programs under which funds were authorized for the services or activities, nor
shall the eligible entity be required to allocate
expenditures among such individual programs.
(m) Overage
The eligible entity may commingle all administrative funds from the consolidated programs

and shall be entitled to the full amount of such
funds (under each program’s or agency’s regulations). The overage (defined as the difference between the amount of the commingled funds and
the actual administrative cost of the programs)
shall be considered to be properly spent for Federal audit purposes, if the overage is used for the
purposes provided for under this section.
(n) Fiscal accountability
Nothing in this part shall be construed so as
to interfere with the ability of the Secretary or
the lead agency to fulfill the responsibilities for
the safeguarding of Federal funds pursuant to
chapter 75 of title 31.
(o) Report on statutory obstacles to program integration
(1) Preliminary report
Not later than 2 years after January 8, 2002,
the Secretary of Education shall submit a preliminary report to the Committee on Education and the Workforce and the Committee
on Resources of the House of Representatives
and the Committee on Health, Education,
Labor, and Pensions and the Committee on Indian Affairs of the Senate on the status of the
implementation of the demonstration projects
authorized under this section.
(2) Final report
Not later than 5 years after January 8, 2002,
the Secretary of Education shall submit a report to the Committee on Education and the
Workforce and the Committee on Resources of
the House of Representatives and the Committee on Health, Education, Labor, and Pensions
and the Committee on Indian Affairs of the
Senate on the results of the implementation of
the demonstration projects authorized under
this section. Such report shall identify statutory barriers to the ability of participants to
integrate more effectively their education and
related services to Indian students in a manner consistent with the objectives of this section.
(p) Definitions
For the purposes of this section, the term
‘‘Secretary’’ means—
(1) the Secretary of the Interior, in the case
of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978 [25 U.S.C. 2001 et
seq.]; or
(2) the Secretary of Education, in the case of
any other entity.
(Pub. L. 89–10, title VII, § 7116, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1913.)
REFERENCES IN TEXT
The Education Amendments of 1978, referred to in
subsecs. (g)(1) and (p)(1), is Pub. L. 95–561, Nov. 1, 1978,
92 Stat. 2143, as amended. Title XI of the Act is classified principally to chapter 22 (§ 2001 et seq.) of Title 25,
Indians. For complete classification of this Act to the
Code, see Short Title of 1978 Amendment note set out
under section 6301 of this title and Tables.
PRIOR PROVISIONS
A prior section 7426, Pub. L. 89–10, title VII, § 7116, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.

§ 7427

TITLE 20—EDUCATION

3723, related to applications for grants, prior to the
general amendment of this subchapter by Pub. L.
107–110. See section 6914 of this title.
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives and Committee
on Resources of House of Representatives changed to
Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007.

§ 7427. Student eligibility forms
(a) In general
The Secretary shall require that, as part of an
application for a grant under this subpart, each
applicant shall maintain a file, with respect to
each Indian child for whom the local educational agency provides a free public education,
that contains a form that sets forth information
establishing the status of the child as an Indian
child eligible for assistance under this subpart,
and that otherwise meets the requirements of
subsection (b) of this section.
(b) Forms
The form described in subsection (a) of this
section shall include—
(1) either—
(A)(i) the name of the tribe or band of Indians (as defined in section 7491 of this title)
with respect to which the child claims membership;
(ii) the enrollment number establishing
the membership of the child (if readily available); and
(iii) the name and address of the organization that maintains updated and accurate
membership data for such tribe or band of
Indians; or
(B) the name, the enrollment number (if
readily available), and the name and address
of the organization responsible for maintaining updated and accurate membership data,
of any parent or grandparent of the child
from whom the child claims eligibility under
this subpart, if the child is not a member of
the tribe or band of Indians (as so defined);
(2) a statement of whether the tribe or band
of Indians (as so defined), with respect to
which the child, or parent or grandparent of
the child, claims membership, is federally recognized;
(3) the name and address of the parent or
legal guardian of the child;
(4) a signature of the parent or legal guardian of the child that verifies the accuracy of
the information supplied; and
(5) any other information that the Secretary
considers necessary to provide an accurate
program profile.
(c) Statutory construction
Nothing in this section shall be construed to
affect a definition contained in section 7491 of
this title.
(d) Forms and standards of proof
The forms and the standards of proof (including the standard of good faith compliance) that
were in use during the 1985–86 academic year to

Page 1296

establish the eligibility of a child for entitlement under the Indian Elementary and Secondary School Assistance Act shall be the forms
and standards of proof used—
(1) to establish eligibility under this subpart; and
(2) to meet the requirements of subsection
(a) of this section.
(e) Documentation
For purposes of determining whether a child is
eligible to be counted for the purpose of computing the amount of a grant award under section
7423 of this title, the membership of the child, or
any parent or grandparent of the child, in a
tribe or band of Indians (as so defined) may be
established by proof other than an enrollment
number, notwithstanding the availability of an
enrollment number for a member of such tribe
or band. Nothing in subsection (b) of this section
shall be construed to require the furnishing of
an enrollment number.
(f) Monitoring and evaluation review
(1) In general
(A) Review
For each fiscal year, in order to provide
such information as is necessary to carry
out the responsibility of the Secretary to
provide technical assistance under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of
the recipients of grants under this subpart.
The sampling conducted under this subparagraph shall take into account the size of and
the geographic location of each local educational agency.
(B) Exception
A local educational agency may not be
held liable to the United States or be subject
to any penalty, by reason of the findings of
an audit that relates to the date of completion, or the date of submission, of any forms
used to establish, before April 28, 1988, the
eligibility of a child for an entitlement
under the Indian Elementary and Secondary
School Assistance Act.
(2) False information
Any local educational agency that provides
false information in an application for a grant
under this subpart shall—
(A) be ineligible to apply for any other
grant under this subpart; and
(B) be liable to the United States for any
funds from the grant that have not been expended.
(3) Excluded children
A student who provides false information for
the form required under subsection (a) of this
section shall not be counted for the purpose of
computing the amount of a grant under section 7423 of this title.
(g) Tribal grant and contract schools
Notwithstanding any other provision of this
section, in calculating the amount of a grant
under this subpart to a tribal school that receives a grant or contract from the Bureau of
Indian Affairs, the Secretary shall use only one
of the following, as selected by the school:

Page 1297

TITLE 20—EDUCATION

(1) A count of the number of students in the
schools certified by the Bureau.
(2) A count of the number of students for
whom the school has eligibility forms that
comply with this section.
(h) Timing of child counts
For purposes of determining the number of
children to be counted in calculating the
amount of a local educational agency’s grant
under this subpart (other than in the case described in subsection (g)(1) of this section), the
local educational agency shall—
(1) establish a date on, or a period not longer
than 31 consecutive days during, which the
agency counts those children, if that date or
period occurs before the deadline established
by the Secretary for submitting an application
under section 7424 of this title; and
(2) determine that each such child was enrolled, and receiving a free public education,
in a school of the agency on that date or during that period, as the case may be.
(Pub. L. 89–10, title VII, § 7117, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1916.)
REFERENCES IN TEXT
The Indian Elementary and Secondary School Assistance Act, referred to in subsecs. (d) and (f)(1)(B), is title
III of act Sept. 30, 1950, ch. 1124, as added by Pub. L.
92–318, title IV, § 411(a), June 23, 1972, 86 Stat. 335, as
amended, which was classified generally to subchapter
III (§ 241aa et seq.) of chapter 13 of this title, prior to repeal by Pub. L. 100–297, title V, § 5352(1), Apr. 28, 1988,
102 Stat. 414.
PRIOR PROVISIONS
A prior section 7427, Pub. L. 89–10, title VII, § 7117, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3727, related to intensified instruction for limited
English proficient students, prior to the general
amendment of this subchapter by Pub. L. 107–110.

§ 7428. Payments
(a) In general
Subject to subsections (b) and (c) of this section, the Secretary shall pay to each local educational agency that submits an application
that is approved by the Secretary under this
subpart the amount determined under section
7423 of this title. The Secretary shall notify the
local educational agency of the amount of the
payment not later than June 1 of the year for
which the Secretary makes the payment.
(b) Payments taken into account by the State
The Secretary may not make a grant under
this subpart to a local educational agency for a
fiscal year if, for such fiscal year, the State in
which the local educational agency is located
takes into consideration payments made under
this chapter 1 in determining the eligibility of
the local educational agency for State aid, or
the amount of the State aid, with respect to the
free public education of children during such fiscal year or the preceding fiscal year.
1 So

in original. Probably should be ‘‘this subpart’’.

§ 7428

(c) Reduction of payment for failure to maintain
fiscal effort
(1) In general
The Secretary may not pay a local educational agency the full amount of a grant
award determined under section 7423 of this
title for any fiscal year unless the State educational agency notifies the Secretary, and
the Secretary determines, that with respect to
the provision of free public education by the
local educational agency for the preceding fiscal year, the combined fiscal effort of the local
educational agency and the State, computed
on either a per student or aggregate expenditure basis, was not less than 90 percent of the
amount of the combined fiscal effort, computed on the same basis, for the second preceding fiscal year.
(2) Failure to maintain effort
If, for the preceding fiscal year, the Secretary determines that a local educational
agency and State failed to maintain the combined fiscal effort for such agency at the level
specified in paragraph (1), the Secretary
shall—
(A) reduce the amount of the grant that
would otherwise be made to such agency
under this subpart in the exact proportion of
the failure to maintain the fiscal effort at
such level; and
(B) not use the reduced amount of the
agency and State expenditures for the preceding year to determine compliance with
paragraph (1) for any succeeding fiscal year,
but shall use the amount of expenditures
that would have been required to comply
with paragraph (1).
(3) Waiver
(A) In general
The Secretary may waive the requirement
of paragraph (1) for a local educational agency, for not more than 1 year at a time, if the
Secretary determines that the failure to
comply with such requirement is due to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous
and unforeseen decline in the agency’s financial resources.
(B) Future determinations
The Secretary shall not use the reduced
amount of the agency’s expenditures for the
fiscal year preceding the fiscal year for
which a waiver is granted to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of
expenditures that would have been required
to comply with paragraph (1) in the absence
of the waiver.
(d) Reallocations
The Secretary may reallocate, in a manner
that the Secretary determines will best carry
out the purpose of this subpart, any amounts
that—
(1) based on estimates made by local educational agencies or other information, the
Secretary determines will not be needed by
such agencies to carry out approved programs
under this subpart; or

§ 7429

TITLE 20—EDUCATION

(2) otherwise become available for reallocation under this subpart.
(Pub. L. 89–10, title VII, § 7118, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1918.)
PRIOR PROVISIONS
A prior section 7428, Pub. L. 89–10, title VII, § 7118, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3727, related to capacity building, prior to the general
amendment of this subchapter by Pub. L. 107–110. See
section 6915 of this title.

§ 7429. State educational agency review
Before submitting an application to the Secretary under section 7424 of this title, a local
educational agency shall submit the application
to the State educational agency, which may
comment on such application. If the State educational agency comments on the application,
the agency shall comment on all applications
submitted by local educational agencies in the
State and shall provide those comments to the
respective local educational agencies, with an
opportunity to respond.
(Pub. L. 89–10, title VII, § 7119, as added Pub. L.
107–110, title VII, § 701, Jan. 8, 2002, 115 Stat.
1919.)
PRIOR PROVISIONS
A prior section 7429, Pub. L. 89–10, title VII, § 7119, as
added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat.
3727, authorized subgrants, prior to the general amendment of this subchapter by Pub. L. 107–110.
Prior sections 7430 to 7434 were omitted in the general
amendment of this subchapter by Pub. L. 107–110.
Section 7430, Pub. L. 89–10, title VII, § 7120, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3727,
related to priority on funding of programs for limited
English proficient students.
Section 7431, Pub. L. 89–10, title VII, § 7121, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3728,
related to coordination with other programs. See section 6844 of this title.
Section 7432, Pub. L. 89–10, title VII, § 7122, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3728,
related to programs for Native Americans and Puerto
Rico. See sections 6848 and 6916 of this title.
Section 7433, Pub. L. 89–10, title VII, § 7123, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3728,
related to evaluations. See sections 6841 and 6917 of this
title.
Section 7434, Pub. L. 89–10, title VII, § 7124, as added
Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3728,
related to construction of provisions. See sections 6845
and 6918 of this title.
SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO
IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN

§ 7441. Improvement of educational opportunities
for Indian children
(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 improve educational opportunities and achievement of Indian children.
(2) Coordination
The Secretary shall take the necessary actions to achieve the coordination of activities
assisted under this subpart with—

Page 1298

(A) other programs funded under this chapter; and
(B) other Federal programs operated for
the benefit of American Indian and Alaska
Native children.
(b) Eligible entities
In this section, the term ‘‘eligible entity’’
means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary school or
secondary school for Indian students, Indian institution (including an Indian institution of
higher education), or a consortium of such entities.
(c) Grants authorized
(1) In general
The Secretary shall award grants to eligible
entities to enable such entities to carry out
activities that meet the purpose of this section, including—
(A) innovative programs related to the
educational needs of educationally disadvantaged children;
(B) educational services that are not available to such children in sufficient quantity
or quality, including remedial instruction,
to raise the achievement of Indian children
in one or more of the core academic subjects
of English, mathematics, science, foreign
languages, art, history, and geography;
(C) bilingual and bicultural programs and
projects;
(D) special health and nutrition services,
and other related activities, that address the
special health, social, and psychological
problems of Indian children;
(E) special compensatory and other programs and projects designed to assist and encourage Indian children to enter, remain in,
or reenter school, and to increase the rate of
high school graduation for Indian children;
(F) comprehensive guidance, counseling,
and testing services;
(G) early childhood and kindergarten programs, including family-based preschool programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;
(H) partnership projects between local educational agencies and institutions of higher
education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsecondary education;
(I) partnership projects between schools
and local businesses for career preparation
programs designed to provide Indian youth
with the knowledge and skills such youth
need to make an effective transition from
school to a high-skill, high-wage career;
(J) programs designed to encourage and assist Indian students to work toward, and
gain entrance into, an institution of higher
education;
(K) family literacy services;
(L) activities that recognize and support
the unique cultural and educational needs of
Indian children, and incorporate appro-