§5346 — Title 25 Indians | U.S. Code

Summary

When a school district with education contracts for Indian students under sections 5342–5348 has a school board that is not mostly Indian, the Indian parents of the enrolled children must elect a local committee from among themselves. That committee helps make and can approve or reject programs run under the contract. The Secretary of the Interior will set the committee’s duties and how it is organized. If an Indian committee or advisory board already existed before January 4, 1975 (see 20 U.S.C. 7424(c)(4) or 25 U.S.C. 5342–5348), the tribe may choose to use it instead. The Secretary of the Interior can cancel a contract if the contractor prevents the local committee from doing its duties.

Title 25, §5346

Indians — Source: USLM XML via OLRC

(a)Whenever a school district affected by a contract or contracts for the education of Indians pursuant to sections 5342 to 5348 of this title has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to section 7424(c)(4) of title 20 or an Indian advisory school board or boards established pursuant to sections 5342 to 5348 of this title prior to January 4, 1975, exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section.

(b)The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a) of this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 456 of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 5 of act Apr. 16, 1934, ch. 147, 48 Stat. 596, which excluded Oklahoma from the application of contract provisions, was omitted in the general amendment of act Apr. 16, 1934, by act June 4, 1936, ch. 490, 49 Stat. 1458.

Amendments

2015—Subsec. (a). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7424(c)(4) of title 20. 2002—Subsec. (a). Pub. L. 107–110 substituted reference to section 7424(c)(4) of title 20 for reference to section 7814(c)(4) of title 20. 1994—Subsec. (a). Pub. L. 103–382 substituted reference to section 7814(c)(4) of title 20 for reference to section 241dd(b)(2)(B)(ii) of title 20.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an

Effective Date

note under section 6301 of Title 20, Education.

§5346 Local committee of Indian parents in school districts having school boards composed of non-Indian majority

Summary

Title 25, §5346

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata