Title 20EducationRelease 119-73

§7918 Consultation with Indian tribes and tribal organizations

Title 20 › Chapter CHAPTER 70— - STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS › Subchapter SUBCHAPTER VIII— - GENERAL PROVISIONS › Part Part F— - Uniform Provisions › Subpart subpart 2— - other provisions › § 7918

Last updated Apr 6, 2026|Official source

Summary

Local school districts that serve many American Indian or Alaska Native students must talk with tribal leaders before they send required plans or applications for certain federal education programs. The talk must happen early enough and in a way that lets the tribe give real input. A district must keep a written note signed by the tribe’s officials saying the consultation happened and give that to the State. If the tribe’s officials don’t sign within a reasonable time, the district must send other proof that the consultation occurred. Consultation must not delay filing the plans. Definitions: "Affected local educational agency" = a school district with at least 50% American Indian or Alaska Native students, or one that received a grant over $40,000 in the prior year (for fiscal year 2017, under subpart 1 of part A of title VII as it existed the day before December 10, 2015; for later years, under subpart 1 of part A of subchapter VI). "Appropriate officials" = elected tribal officials, or appointed leaders or those the tribe names in writing for this consultation. The district is not required to decide who counts as the tribe’s officials, and it won’t be held responsible if the tribe later says the chosen officials were incorrect.

Full Legal Text

Title 20, §7918

Education — Source: USLM XML via OLRC

(a)To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the affected local educational agency’s submission of a required plan or application for a covered program under this chapter or for a program under subchapter VI of this chapter. Such consultation shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.
(b)Each affected local educational agency shall maintain in the agency’s records and provide to the State educational agency a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency.
(c)In this section:
(1)The term “affected local educational agency” means a local educational agency—
(A)with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or
(B)that—
(i)for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII 11 See References in Text note below. (as such subpart was in effect on the day before December 10, 2015) that exceeded $40,000; or
(ii)for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under subpart 1 of part A of subchapter VI that exceeded $40,000.
(2)The term “appropriate officials” means—
(A)tribal officials who are elected; or
(B)appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section.
(d)Nothing in this section shall be construed—
(1)to require the local educational agency to determine who are the appropriate officials; or
(2)to make the local educational agency liable for consultation with appropriate officials that the tribe determines not to be the correct appropriate officials.
(e)Consultation required under this section shall not interfere with the timely submission of the plans or applications required under this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subpart 1 of part A of title VII (as such subpart was in effect on the day before December 10, 2015), referred to in subsec. (c)(1)(B)(i), means subpart 1 of part A of title VII of Pub. L. 89–10, which was classified generally to subpart 1 (§ 7421 et seq.) of part A of subchapter VII of this chapter prior to being redesignated as subpart 1 of part A of title VI of Pub. L. 89–10 and amended by Pub. L. 114–95, title VI, §§ 6001(a), 6002(c)–(j), Dec. 10, 2015, 129 Stat. 2046–2049, 2052–2054, and transferred to subpart 1 (§ 7421 et seq.) of part A of subchapter VI of this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as an

Effective Date

of 2015 Amendment note under section 6301 of this title.

Reference

Citations & Metadata

Citation

20 U.S.C. § 7918

Title 20Education

Last Updated

Apr 6, 2026

Release point: 119-73