Pub. L. 100-297, tit. V, pt. C, subpt. 2, sec. 5321

IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN.

EnactedYear: 1988Length: 1,533 wordsOfficial source
SEC. 5321. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN. (a) In General.—The Secretary shall carry out a program of making grants for the improvement of educational opportunities for Indian children— (1) to support planning, pilot, and demonstration projects, in accordance with subsection (b), which are designed to test and demonstrate the effectiveness of programs for improving educational opportunities for Indian children; (2) to assist in the establishment and operation of programs, in accordance with subsection (c), which are designed to stimulate— (A) the provision of educational services not available to Indian children in sufficient quantity or quality, and (B) the development and establishment of exemplary educational programs to serve as models for regular school programs in which Indian children are educated; (3) to assist in the establishment and operation of preservice and inservice training programs, in accordance with subsection (d), for persons serving Indian children as educational personnel; and (4) to encourage the dissemination of information and mate-rials relating to, and the evaluation of the effectiveness of, education programs which may offer educational opportunities to Indian children. (b) Demonstration Projects.—The Secretary is authorized to make grants to State and local educational agencies, federally sup-ported elementary and secondary schools for Indian children and to Indian tribes, Indian organizations, and Indian institutions to sup-port planning, pilot, and demonstration projects which are designed to plan for, and test and demonstrate the effectiveness of, programs for improving educational opportunities for Indian children, including— (1) innovative programs related to the educational needs of educationally deprived children; (2) bilingual and bicultural education programs and projects; (3) special health and nutrition services, and other related activities, which meet the special health, social, and psycho-logical problems of Indian children; and (4) coordination of the operation of other federally assisted programs which may be used to assist in meeting the needs of such children. (c) Services and Programs To Improve Educational Opportunities.— (1) The Secretary is authorized to make grants to State and local educational agencies and to tribal and other Indian community organizations to assist them in developing and establishing educational services and programs specifically designed to improve educational opportunities for Indian children. Such grants may be used— (A) to provide educational services not available to such children in sufficient quantity or quality, including— 102 STAT. 404 (i) remedial and compensatory instruction, school health, physical education, psychological, and other services designed to assist and encourage Indian children to enter, remain in, or reenter elementary or secondary school; (ii) comprehensive academic and vocational instruction; (iii) instructional materials (such as library books, textbooks, and other printed, published, or audiovisual materials) and equipment; (iv) comprehensive guidance, counseling, and testing services; (v) special education programs for handicapped and gifted and talented Indian children; (vi) early childhood programs, including kindergarten; (vii) bilingual and bi cultural education programs; and (viii) other services which meet the purposes of this subsection; and (B) to establish and operate exemplary and innovative educational programs and centers, involving new educational approaches, methods, and techniques designed to enrich programs of elementary and secondary education for Indian children. (2) In addition to the grants provided under paragraph (1), the Secretary is authorized to provide grants to consortia of Indian tribes or tribal organizations, local educational agencies, and institutions of higher education for the purpose of developing, improving, and implementing a program of— (A) encouraging Indian students to acquire a higher education, and (B) reducing the incidence of dropouts among elementary and secondary school students. (d) Training.— (1) The Secretary is authorized to make grants to institutions of higher education and to State and local educational agencies, in combination with institutions of higher education, for carrying out programs and projects— (A) to prepare persons to serve Indian students as teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and (B) to improve the qualifications of such persons who are serving Indian students in such capacities. (2) Grants made under this subsection may be used for the establishment of fellowship programs leading to an advanced degree, for institutes and, as part of a continuing program, for seminars, symposia, workshops, and conferences. (3) In programs funded by grants authorized under this subsection, preference shall be given to the training of Indians. (e) Grants for Evaluation and Technical Assistance.— (1) The Secretary is authorized to make grants to, and to enter into contracts with, public agencies. State educational agencies in States in which more than 5,000 Indian children are enrolled in public elementary and secondary schools, Indian tribes, Indian institutions, and Indian organizations, and to make con-102 STAT. 405tracts with private institutions and organizations, to establish, on a regional basis, information centers to— (A) evaluate programs assisted under this Act and under other Indian education programs in order to determine their effectiveness in meeting the special educational and culturally related academic needs of Indian children and adults and to conduct research to determine those needs; (B) provide technical assistance upon request to local educational agencies and Indian tribes, Indian organizations, Indian institutions, and parent committees created pursuant to section 5314(b)(2)(B)(ii) in evaluating and carrying out programs assisted under this Act, through the provision of materials and personnel resources; and (C) disseminate information upon request to the parties described in subparagraph (B) concerning all Federal education programs which affect the education of Indian children and adults, including information on successful models and programs designed to meet the special educational needs of Indian children. (2) Grants or contracts made under this subsection may be made for a term not to exceed 3 years and may be renewed for additional 3-year terms if provision is made to ensure annual review of the projects. (3) From funds appropriated under the authority of subsection (g)(1), the Secretary is authorized to make grants to, and to enter into contracts with, Indian tribes, Indian institutions, and Indian organizations, and public agencies and institutions for— (A) the national dissemination of information concerning education programs, services, and resources available to Indian children, including evaluations thereof; and (B) the evaluation of the effectiveness of federally assisted programs in which Indian children may participate in achieving the purposes of such programs with respect to such children. (4) The sum of the grants made under this subsection to State educational agencies for any fiscal year shall not exceed 15 percent of the total amount of funds appropriated for the provision of grants under this subsection for such fiscal year. (f) Applications for Grants.— (1) Applications for a grant under this section shall be submitted at such time, in such manner, and shall contain such information, and shall be consistent with such criteria, as may be required under regulations prescribed by the Secretary. Such applications shall— (A) set forth a statement describing the activities for which assistance is sought; (B) in the case of an application for a grant under subsection (c)— (i) subject to such criteria as the Secretary shall prescribe, provide for— (I) the use of funds available under this section, and (II) the coordination of other resources available to the applicant, in order to ensure that, within the scope of the purpose of the project, there will be a comprehensive program to achieve the purposes of this section, and 102 STAT. 406 (ii) provide for the training of personnel participating in the project; and (C) provide for an evaluation of the effectiveness of the project in achieving its purpose and the purposes of this section. (2)(A) The Secretary may approve an application for a grant under subsection (b), (c), or (d) only if the Secretary is satisfied that such application, and any document submitted with respect thereto— (i) demonstrate that— (I) there has been adequate participation by the parents of the children to be served and tribal communities in the planning and development of the project, and (II) there will be such participation in the operation and evaluation of the project, and (ii) provide for the participation, on an equitable basis, of eligible Indian children— (I) who reside in the area to be served, (II) who are enrolled in private nonprofit elementary and secondary schools, and (III) whose needs are of the type which the program is intended to meet, to the extent consistent with the number of such children. (B) In approving applications under this section, the Secretary shall give priority to applications from Indian educational agencies, organizations, and institutions. (3) The Secretary may approve an application for a grant under subsection (e) only if the Secretary is satisfied that the funds made available under that subsection will be used to supplement the level of funds from State, local, and other Federal sources that would, in the absence of Federal funds provided under that subsection, be made available by the State or local educational agency for the activities described in that subsection, and in no case will be used to supplant those funds. (g) Authorization of Appropriations.— (1) For the purpose of making grants under the provisions of this section, there are authorized to be appropriated $35,000,000 for each fiscal year ending prior to October 1, 1993. (2) For the purpose of making grants under subsection (e)(i), there are authorized to be appropriated $8,000,000 for each of the fiscal years ending prior to October 1, 1993.
Pub. L. 100-297, tit. V, pt. C, subpt. 2, sec. 5321: IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN. | Justis AI