{"identifier":"/us/usc/t20/s7918","title":20,"num":"\u00a7\u202f7918.","heading":"Consultation with Indian tribes and tribal organizations","text":"\u00a7\u202f7918.\nConsultation with Indian tribes and tribal organizations\n(a)\nIn general\nTo ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the affected local educational agency\u2019s submission of a required plan or application for a covered program under this chapter or for a program under subchapter VI of this chapter. Such consultation shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.\n(b)\nDocumentation\nEach affected local educational agency shall maintain in the agency\u2019s records and provide to the State educational agency a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency.\n(c)\nDefinitions\nIn this section:\n(1)\nAffected local educational agency\nThe term \u201caffected local educational agency\u201d means a local educational agency\u2014\n(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\n(B) that\u2014\n(i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII\n1\n1 See References in Text note below.\nDecember 10, 2015\n(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.\n(2)\nAppropriate officials\nThe term \u201cappropriate officials\u201d means\u2014\n(A) tribal officials who are elected; or\n(B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section.\n(d)\nRule of construction\nNothing in this section shall be construed\u2014\n(1) to require the local educational agency to determine who are the appropriate officials; or\n(2) to make the local educational agency liable for consultation with appropriate officials that the tribe determines not to be the correct appropriate officials.\n(e)\nLimitation\nConsultation required under this section shall not interfere with the timely submission of the plans or applications required under this chapter.","url":"https://projectusc.org/usc/t20/s7918.html","content":[{"t":"sec","id":"/us/usc/t20/s7918","children":[{"t":"num","text":"\u00a7\u202f7918."},{"t":"heading","text":"Consultation with Indian tribes and tribal organizations"},{"t":"subsec","id":"/us/usc/t20/s7918/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the affected local educational agency\u2019s submission of a required plan or application for a covered program under this chapter or for a program under subchapter VI of this chapter. Such consultation shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s7918/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Documentation"},{"t":"content","children":[{"t":"p","text":"Each affected local educational agency shall maintain in the agency\u2019s records and provide to the State educational agency a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s7918/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t20/s7918/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Affected local educational agency"},{"t":"chapeau","text":"The term \u201caffected local educational agency\u201d means a local educational agency\u2014"},{"t":"subpara","id":"/us/usc/t20/s7918/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7918/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" that\u2014"},{"t":"clause","id":"/us/usc/t20/s7918/c/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" (as such subpart was in effect on the day before "},{"t":"text","text":"December 10, 2015","tail":") that exceeded $40,000; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t20/s7918/c/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7918/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Appropriate officials"},{"t":"chapeau","text":"The term \u201cappropriate officials\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t20/s7918/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" tribal officials who are elected; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t20/s7918/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s7918/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Rule of construction"},{"t":"chapeau","text":"Nothing in this section shall be construed\u2014"},{"t":"para","id":"/us/usc/t20/s7918/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" to require the local educational agency to determine who are the appropriate officials; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t20/s7918/d/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" to make the local educational agency liable for consultation with appropriate officials that the tribe determines not to be the correct appropriate officials.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t20/s7918/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Limitation"},{"t":"content","children":[{"t":"p","text":"Consultation required under this section shall not interfere with the timely submission of the plans or applications required under this chapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}