20 U.S.C. § 7452: Grants to tribes for…

Summary

The Secretary can give grants to tribes, tribal groups, or tribal education agencies to help tribes run their own schools, raise Indian students’ academic success, and improve teamwork between tribal, State, and local education agencies to meet students’ cultural and academic needs. Eligible applicants are an Indian tribe or tribal organization approved by a tribe; a tribal educational agency (the tribal office mainly in charge of K–12 education); and an Indian tribe means a federally recognized or State-recognized tribe. Grants can pay for planning to set up a tribal educational agency for up to 1 year if none exists. Grants to existing tribal educational agencies can last up to 3 years. These grants can help a tribe run education programs (including certain formula grants under this chapter) under a written agreement and State law; build skills and coordination with State and local agencies; get training in data, grants, and fiscal management; teach State and local agencies about tribal history, language, and culture; and support other related activities that add to existing work rather than replace other funds. Applicants must apply as the Secretary requires and include a plan, goals, a way to measure results, and, for multi-year grants, a preliminary agreement with the State or local agency and proof of capacity. The Secretary may approve only if the applicant has consulted local education entities, will continue consulting while running and evaluating the grant, and shows enough resources. A tribe receiving funds under section 1140 (20 U.S.C. 2020) cannot get these grants. Grant money cannot pay for direct services and must be used to supplement, not replace, other Federal, State, or local programs.

Title 20, §7452

Education, Source: USLM XML via OLRC

(a)In general

The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to—

(1)promote tribal self-determination in education;

(2)improve the academic achievement of Indian children and youth; and

(3)promote the coordination and collaboration 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: (1) Eligible applicant

(2)Indian tribe

The term “Indian tribe” means a federally recognized tribe or a State-recognized tribe.

(3)Tribal educational agency

The term “tribal educational agency” means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education.

(c)Grant program

The Secretary may award grants to—

(1)eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and

(2)eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to—

(A)directly administer education programs, including formula grant programs under this chapter, consistent with State law and under a written agreement between the parties;

(B)build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe;

(C)receive training and support from the State educational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed;

(D)train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture;

(E)build on existing activities or resources rather than replacing other funds; and

(F)carry out other activities, consistent with the purposes of this section.

(d)Grant application

(1)In general

Each eligible applicant 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 prescribe.

(2)Contents

Each application described in paragraph (1) shall contain— (A)

(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; and

(C)for applications for activities under subsection (c)(2), evidence of—

(i)a preliminary agreement with the appropriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and

(ii)existing capacity as a tribal educational agency.

(3)Approval

The Secretary may approve an application submitted by an eligible applicant under this subsection if the application, including any documentation submitted with the application—

(A)demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that 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.

(e)Restrictions

(1)In general

An Indian tribe may not receive funds under this section if the tribe receives funds under section 1140 of the Education Amendments of 1978 (20 U.S.C. 2020).

(2)Direct services

No funds under this section may be used to provide direct services.

(f)Supplement, not supplant

Funds under this section shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was classified to section 7455 of this title prior to renumbering by Pub. L. 114–95.

Prior Provisions

A prior section 7452, Pub. L. 89–10, title VI, § 6132, formerly title VII, § 7132, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1924; renumbered title VI, § 6132, Pub. L. 114–95, title VI, § 6001(a), (b)(1), Dec. 10, 2015, 129 Stat. 2046, related to in-service training for teachers of Indian children, prior to repeal by Pub. L. 114–95, § 5, title VI, § 6002(n)(1), Dec. 10, 2015, 129 Stat. 1806, 2057, effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs. Another prior section 7452, Pub. L. 89–10, title VII, § 7132, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3729, related to research activities, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107–110. A prior section 6132 of Pub. L. 89–10 was classified to section 7311a of this title, prior to repeal by Pub. L. 114–95.

Amendments

2015—Pub. L. 114–95, § 6001(p), amended section generally. Prior to amendment, section related to grants to Indian tribes for education administrative planning and development.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 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 a note under section 6301 of this title.

§7452 Grants to Tribes for Education Administrative Planning, Development, and Coordination