20 USC 7918 - Consultation with Indian tribes and tribal organizations

U.S Code last checked for updates: Nov 22, 2024

§ 7918.

Consultation with Indian tribes and tribal organizations

(a)

In general

(b)

Documentation

(c)

Definitions

In this section:

(1)

Affected local educational agency

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 1

 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)

Appropriate officials

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)

Rule of construction

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)

Limitation

(Pub. L. 89–10, title VIII, § 8538, as added Pub. L. 114–95, title VIII, § 8030, Dec. 10, 2015, 129 Stat. 2116.)

cite as: 20 USC 7918