§7918 Consultation with Indian Tribes and Tribal Organizations

Summary

Local school districts or education agencies must talk with tribal officials approved by the tribes in their area before they turn in any required plans or applications for the covered federal education programs. The talk must happen early enough and in a way that lets those tribal officials give real input. The district must keep a written, signed confirmation from the participating tribal officials and give it to the State education agency. If the tribal officials do not sign a confirmation within a reasonable time, the district must send other proof that the consultation took place. An “affected” district is one with at least 50 percent American Indian or Alaska Native students, or one that got more than $40,000 in certain grants in the prior year (including the rule for fiscal year 2017). “Appropriate officials” means elected tribal leaders or people the tribe names in writing for this consultation. The district does not have to pick who those officials are, and it is not responsible if the tribe later says the officials were wrong. The consultation must not delay filing the required plans or applications.