§7918 Consultation with Indian Tribes and Tribal Organizations

Summary

An affected local educational agency must consult with tribal leaders or tribal organizations approved by the tribes in its area before it files any required plan or application for covered programs under this law or under subchapter VI. The consultation must happen early enough for those tribal officials to give real, useful input. The agency must keep a written, signed statement from the tribal officials and give it to the State education agency. If the tribal officials do not sign a statement within a reasonable time, the agency must send the State other proof that the consultation occurred. The consultation must not delay the agency’s submission. “Affected local educational agency” means an LEA with at least 50 percent American Indian or Alaska Native students, or one that received a grant over $40,000 in the previous year (for fiscal year 2017 under the prior subpart, and for later years under subpart 1 of part A of subchapter VI). “Appropriate officials” means tribal officials who are elected, or appointed leaders or officials the tribe names in writing for this consultation. The LEA does not have to decide who counts as those officials, and it is not responsible if the tribe later says the chosen officials were not the right ones.