Laws & Guidance ELEMENTARY & SECONDARY EDUCATION
Subpart 3 — National Activities

SEC. 7131  |  SEC. 7132  |  SEC. 7133  |  SEC. 7134  |  SEC. 7135  |  SEC. 7136

SEC. 7131. NATIONAL RESEARCH ACTIVITIES

    (a) AUTHORIZED ACTIVITIES- The Secretary may use funds made available under section 7152(b) for each fiscal year to —

      (1) conduct research related to effective approaches for the education of Indian children and adults;

      (2) evaluate federally assisted education programs from which Indian children and adults may benefit;

      (3) collect and analyze data on the educational status and needs of Indians; and

      (4) carry out other activities that are consistent with the purpose of this part.

    (b) ELIGIBILITY- The Secretary may carry out any of the activities described in subsection (a) directly or through grants to, or contracts or cooperative agreements with, Indian tribes, Indian organizations, State educational agencies, local educational agencies, institutions of higher education, including Indian institutions of higher education, and other public and private agencies and institutions.

    (c) COORDINATION- Research activities supported under this section —

      (1) shall be carried out in consultation with the Office of Educational Research and Improvement to ensure that such activities are coordinated with and enhance the research and development activities supported by the Office; and

      (2) may include collaborative research activities that are jointly funded and carried out by the Office of Indian Education Programs and the Office of Educational Research and Improvement.

SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN

    (a) GRANTS AUTHORIZED- In addition to the grants authorized by section 7122(c), the Secretary may make grants to eligible consortia for the provision of high quality in-service training. The Secretary may make such a grant to —

      (1) a consortium of a tribal college and an institution of higher education that awards a degree in education; or

      (2) a consortium of —

        (A) a tribal college;

        (B) an institution of higher education that awards a degree in education; and

        (C) one or more elementary schools or secondary schools operated by the Bureau of Indian Affairs, local educational agencies serving Indian children, or tribal educational agencies.

    (b) USE OF FUNDS-

      (1) IN-SERVICE TRAINING- A consortium that receives a grant under subsection (a) shall use the grant funds only to provide high quality in-service training to teachers, including teachers who are not Indians, in schools of local educational agencies with substantial numbers of Indian children enrolled in their schools, in order to better meet the needs of those children.

      (2) COMPONENTS- The training described in paragraph (1) shall include such activities as preparing teachers to use the best available scientifically based research practices and learning strategies, and to make the most effective use of curricula and materials, to respond to the unique needs of Indian children in their classrooms.

    (c) PREFERENCE FOR INDIAN APPLICANTS- In applying section 7143 to this section, the Secretary shall give a preference to any consortium that includes one or more of the entities described in section 7143.

SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS

    (a) FELLOWSHIPS-

      (1) AUTHORITY- The Secretary is authorized to award fellowships to Indian students to enable such students to study in graduate and professional programs at institutions of higher education.

      (2) REQUIREMENTS– The fellowships described in paragraph (1) shall be awarded to Indian students to enable such students to pursue a course of study—

        (A) of not more than 4 academic years; and

        (B) that leads—

          (i) toward a postbaccalaureate degree in medicine, clinical psychology, psychology, law, education, or a related field; or

          (ii) to an undergraduate or graduate degree in engineering, business administration, natural resources, or a related field.

    (b) STIPENDS– The Secretary shall pay to Indian students awarded fellowships under subsection (a) such stipends (including allowances for subsistence of such students and dependents of such students) as the Secretary determines to be consistent with prevailing practices under comparable federally supported programs.

    (c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION- The Secretary shall pay to the institution of higher education at which such a fellowship recipient is pursuing a course of study, in lieu of tuition charged to such recipient, such amounts as the Secretary may determine to be necessary to cover the cost of education provided to such recipient.

    (d) SPECIAL RULES–

      (1) IN GENERAL– If a fellowship awarded under subsection (a) is vacated prior to the end of the period for which the fellowship is awarded, the Secretary may award an additional fellowship for the unexpired portion of the period of the first fellowship.

      (2) WRITTEN NOTICE– Not later than 45 days before the commencement of an academic term, the Secretary shall provide to each individual who is awarded a fellowship under subsection (a) for such academic term written notice of--

        (A) the amount of the funding for the fellowship; and

        (B) any stipends or other payments that will be made under this section to, or for the benefit of, the individual for the academic term.

      (3) PRIORITY- Not more than 10 percent of the fellowships awarded under subsection (a) shall be awarded, on a priority basis, to persons receiving training in guidance counseling with a specialty in the area of alcohol and substance abuse counseling and education.

    (e) SERVICE OBLIGATION-

      (1) IN GENERAL– The Secretary shall require, by regulation, that an individual who receives financial assistance under this section--

        (A) perform work--

          (i) related to the training for which the individual receives the assistance under this section; and

          (ii) that benefits Indian people; or

        (B) repay all or a prorated portion of such assistance.

      (2) REPORTING- The Secretary shall establish, by regulation, a reporting procedure under which a recipient of assistance under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning the compliance of such recipient with the work requirement described in paragraph (1).

    (f) ADMINISTRATION OF FELLOWSHIPS– The Secretary may administer the fellowships authorized under this section through a grant to, or contract or cooperative agreement with, an Indian organization with demonstrated qualifications to administer all facets of the program assisted under this section.

SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS

    (a) PROGRAM AUTHORIZED- The Secretary is authorized to —

      (1) establish two centers for gifted and talented Indian students at tribally controlled community colleges in accordance with this section; and

      (2) support demonstration projects described in subsection (c).

    (b) ELIGIBLE ENTITIES- The Secretary shall make grants, or enter into contracts, for the activities described in subsection (a), to or with —

      (1) two tribally controlled community colleges that —

        (A) are eligible for funding under the Tribally Controlled College or University Assistance Act of 1978; and

        (B) are fully accredited; or

      (2) the American Indian Higher Education Consortium, if the Secretary does not receive applications that the Secretary determines to be approvable from two colleges that meet the requirements of paragraph (1).

    (c) USE OF FUNDS-

      (1) IN GENERAL- Funds made available through the grants made, or contracts entered into, by the Secretary under subsection (b) shall be used for —

        (A) the establishment of centers described in subsection (a); and

        (B) carrying out demonstration projects designed to —

          (i) address the special needs of Indian students in elementary schools and secondary schools who are gifted and talented; and

          (ii) provide such support services to the families of the students described in clause (i) as are needed to enable such students to benefit from the projects.

      (2) SUBCONTRACTS- Each recipient of a grant or contract under subsection (b) to carry out a demonstration project under subsection (a) may enter into a contract with any other entity, including the Children's Television Workshop, to carry out the demonstration project.

      (3) DEMONSTRATION PROJECTS- Demonstration projects assisted under subsection (b) may include —

        (A) the identification of the special needs of gifted and talented Indian students, particularly at the elementary school level, giving attention to —

          (i) identifying the emotional and psychosocial needs of such students; and

          (ii) providing such support services to the families of such students as are needed to enable such students to benefit from the projects;

        (B) the conduct of educational, psychosocial, and developmental activities that the Secretary determines hold a reasonable promise of resulting in substantial progress toward meeting the educational needs of such gifted and talented children, including —

          (i) demonstrating and exploring the use of Indian languages and exposure to Indian cultural traditions; and

          (ii) carrying out mentoring and apprenticeship programs;

        (C) the provision of technical assistance and the coordination of activities at schools that receive grants under subsection (d) with respect to the activities assisted under such grants, the evaluation of programs assisted under such grants, or the dissemination of such evaluations;

        (D) the use of public television in meeting the special educational needs of such gifted and talented children;

        (E) leadership programs designed to replicate programs for such children throughout the United States, including disseminating information derived from the demonstration projects conducted under subsection (a); and

        (F) appropriate research, evaluation, and related activities pertaining to the needs of such children and to the provision of such support services to the families of such children as are needed to enable such children to benefit from the projects.

      (4) APPLICATION- Each eligible entity desiring a grant or contract under subsection (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require.

    (d) ADDITIONAL GRANTS-

      (1) IN GENERAL- The Secretary, in consultation with the Secretary of the Interior, shall award 5 grants to schools funded by the Bureau of Indian Affairs (hereafter referred to individually in this section as a Bureau school') for program research and development and the development and dissemination of curriculum and teacher training material, regarding —

        (A) gifted and talented students;

        (B) college preparatory studies (including programs for Indian students with an interest in pursuing teaching careers);

        (C) students with special culturally related academic needs, including students with social, lingual, and cultural needs; or

        (D) mathematics and science education.

      (2) APPLICATIONS- Each Bureau school desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require.

      (3) SPECIAL RULE- Each application described in paragraph (2) shall be developed, and each grant under this subsection shall be administered, jointly by the supervisor of the Bureau school and the local educational agency serving such school.

      (4) REQUIREMENTS- In awarding grants under paragraph (1), the Secretary shall achieve a mixture of the programs described in paragraph (1) that ensures that Indian students at all grade levels and in all geographic areas of the United States are able to participate in a program assisted under this subsection.

      (5) GRANT PERIOD- Subject to the availability of appropriations, a grant awarded under paragraph (1) shall be awarded for a 3-year period and may be renewed by the Secretary for additional 3-year periods if the Secretary determines that the performance of the grant recipient has been satisfactory.

      (6) DISSEMINATION-

        (A) COOPERATIVE EFFORTS- The dissemination of any materials developed from activities assisted under paragraph (1) shall be carried out in cooperation with entities that receive funds pursuant to subsection (b).

        (B) REPORT- The Secretary shall prepare and submit to the Secretary of the Interior and to Congress a report concerning any results from activities described in this subsection.

      (7) EVALUATION COSTS-

        (A) DIVISION- The costs of evaluating any activities assisted under paragraph (1) shall be divided between the Bureau schools conducting such activities and the recipients of grants or contracts under subsection (b) who conduct demonstration projects under subsection (a).

        (B) GRANTS AND CONTRACTS- If no funds are provided under subsection (b) for —

          (i) the evaluation of activities assisted under paragraph (1);

          (ii) technical assistance and coordination with respect to such activities; or

          (iii) the dissemination of the evaluations referred to in clause (i),

        the Secretary shall make such grants, or enter into such contracts, as are necessary to provide for the evaluations, technical assistance, and coordination of such activities, and the dissemination of the evaluations.

    (e) INFORMATION NETWORK- The Secretary shall encourage each recipient of a grant or contract under this section to work cooperatively as part of a national network to ensure that the information developed by the grant or contract recipient is readily available to the entire educational community.

SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND DEVELOPMENT

    (a) IN GENERAL- The Secretary may make grants to Indian tribes, and tribal organizations approved by Indian tribes, to plan and develop a centralized tribal administrative entity to —

      (1) coordinate all education programs operated by the tribe or within the territorial jurisdiction of the tribe;

      (2) develop education codes for schools within the territorial jurisdiction of the tribe;

      (3) provide support services and technical assistance to schools serving children of the tribe; and

      (4) perform child-find screening services for the preschool-aged children of the tribe to —

        (A) ensure placement in appropriate educational facilities; and

        (B) coordinate the provision of any needed special services for conditions such as disabilities and English language skill deficiencies.

    (b) PERIOD OF GRANT- Each grant awarded under this section may be awarded for a period of not more than 3 years. Such grant may be renewed upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that renewing the grant for an additional 3-year period is necessary to carry out the objectives of the grant described in subsection (c)(2)(A).

    (c) APPLICATION FOR GRANT-

      (1) IN GENERAL- Each Indian tribe and tribal organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, containing such information, and consistent with such criteria, as the Secretary may prescribe in regulations.

      (2) CONTENTS- Each application described in paragraph (1) shall contain —

        (A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; and

        (B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are achieved.

      (3) APPROVAL- The Secretary may approve an application submitted by a tribe or tribal organization pursuant to this section only if the Secretary is satisfied that such application, including any documentation submitted with the application —

        (A) demonstrates that the applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant who will be affected by the activities to be conducted under the grant;

        (B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and

        (C) demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought, except that the availability of such other resources shall not be a basis for disapproval of such application.

    (d) RESTRICTION- A tribe may not receive funds under this section if such tribe receives funds under section 1144 of the Education Amendments of 1978.

SEC. 7136. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS

    (a) IN GENERAL- The Secretary shall make grants to State educational agencies, local educational agencies, and Indian tribes, institutions, and organizations —

      (1) to support planning, pilot, and demonstration projects that are designed to test and demonstrate the effectiveness of programs for improving employment and educational opportunities for adult Indians;

      (2) to assist in the establishment and operation of programs that are designed to stimulate —

        (A) the provision of basic literacy opportunities for all nonliterate Indian adults; and

        (B) the provision of opportunities to all Indian adults to qualify for a secondary school diploma, or its recognized equivalent, in the shortest period of time feasible;

      (3) to support a major research and development program to develop more innovative and effective techniques for achieving literacy and secondary school equivalency for Indians;

      (4) to provide for basic surveys and evaluations to define accurately the extent of the problems of illiteracy and lack of secondary school completion among Indians; and

      (5) to encourage the dissemination of information and materials relating to, and the evaluation of, the effectiveness of education programs that may offer educational opportunities to Indian adults.

    (b) EDUCATIONAL SERVICES- The Secretary may make grants to Indian tribes, institutions, and organizations to develop and establish educational services and programs specifically designed to improve educational opportunities for Indian adults.

    (c) INFORMATION AND EVALUATION- The Secretary may make grants to, and enter into contracts with, public agencies and institutions and Indian tribes, institutions, and organizations, for —

      (1) the dissemination of information concerning educational programs, services, and resources available to Indian adults, including evaluations of the programs, services, and resources; and

      (2) the evaluation of federally assisted programs in which Indian adults may participate to determine the effectiveness of the programs in achieving the purposes of the programs with respect to Indian adults.

    (d) APPLICATIONS-

      (1) IN GENERAL- Each entity desiring a grant or contract under this section shall submit to the Secretary an application at such time, in such manner, containing such information, and consistent with such criteria, as the Secretary may prescribe in regulations.

      (2) CONTENTS- Each application described in paragraph (1) shall contain —

        (A) a statement describing the activities to be conducted and the objectives to be achieved under the grant or contract; and

        (B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and determining whether the objectives of the grant or contract are achieved.

      (3) APPROVAL- The Secretary shall not approve an application described in paragraph (1) unless the Secretary determines that such application, including any documentation submitted with the application, indicates that —

        (A) there has been adequate participation, by the individuals to be served and the appropriate tribal communities, in the planning and development of the activities to be assisted; and

        (B) the individuals and tribal communities referred to in subparagraph (A) will participate in the operation and evaluation of the activities to be assisted.

      (4) PRIORITY- In approving applications under paragraph (1), the Secretary shall give priority to applications from Indian educational agencies, organizations, and institutions.

    (e) ADMINISTRATIVE COSTS- Not more than 5 percent of the funds made available to an entity through a grant or contract made or entered into under this section for a fiscal year may be used to pay for administrative costs.


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Last Modified: 09/15/2004