25-U.S.C.-2511
§2511 – Definitions
Pathway
Title 25 > Chapter 27 > Section 2511
Details
- Reference: Section 2511
- Legend: §2511 – Definitions
- USCode Year: 2013
Provision Content
In this chapter:
(1) Bureau
The term Bureau means the Bureau of Indian Affairs of the Department of the Interior.
(2) Eligible Indian student
The term eligible Indian student has the meaning given such term in section 2007(f) of this title.
(3) Indian
The term Indian means a member of an Indian tribe, and includes individuals who are eligible for membership in a tribe, and the child or grandchild of such an individual.
(4) Indian tribe
The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or Regional Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(5) Local educational agency
The term local educational agency means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State or such combination of school districts or counties as are recognized in a State as an administrative agency for the States public elementary schools or secondary schools. Such term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school.
(6) Secretary
The term Secretary means the Secretary of the Interior.
(7) Tribal governing body
The term tribal governing body means, with respect to any school that receives assistance under this Act, the recognized governing body of the Indian tribe involved.
(8) Tribal organization
(A) In general
The term tribal organization means—
(i) the recognized governing body of any Indian tribe; or
(ii) any legally established organization of Indians that—
(I) is controlled, sanctioned, or chartered by such governing body or is democratically elected by the adult members of the Indian community to be served by such organization; and
(II) includes the maximum participation of Indians in all phases of the organizations activities.
(B) Authorization
In any case in which a grant is provided under this chapter to an organization to provide services through a tribally controlled school benefiting more than one Indian tribe, the approval of the governing bodies of Indian tribes representing 80 percent of the students attending the tribally controlled school shall be considered a sufficient tribal authorization for such grant.
(9) Tribally controlled school
The term tribally controlled school means a school that—
(A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12, including a preschool;
(B) is not a local educational agency; and
(C) is not directly administered by the Bureau of Indian Affairs.
(Pub. L. 100–297, title V, §5212, as added Pub. L. 107–110, title X, §1043, Jan. 8, 2002, 115 Stat. 2078.)
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (4), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
This Act, referred to in par. (7), is Pub. L. 100–297 and probably should be this part, meaning part B of title V of Pub. L. 100–297, known as the Tribally Controlled Schools Act of 1988, which is classified generally to this chapter. For complete classification of part B to the Code, see Short Title note set out under section 2501 of this title and Tables.
Prior Provisions
A prior section 2511, Pub. L. 100–297, title V, §5212, Apr. 28, 1988, 102 Stat. 394, defined terms, prior to repeal by Pub. L. 107–110, title X, §1043, Jan. 8, 2002, 115 Stat. 2063.
Effective Date
Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education.
U.S. Encyclopedia of Law Coverage
Subchapter IV – Law Enforcement and Judicial Services in the Legal Encyclopedia: Indians
In this entry about Subchapter IV – Law Enforcement and Judicial Services, find legal reference material, bibliographies and premiere content related to indians in the American Encyclopedia of Law, presenting a comprehensive view of the United States indians-specific issues, written by authorities in the field.
25-U.S.C.-1863 in the Legal Encyclopedia: Tribally Controlled Education
In this entry about 25-U.S.C.-1863, find legal reference material, bibliographies and premiere content related to tribally controlled education in the American Encyclopedia of Law, presenting a comprehensive view of the United States tribally controlled education-specific issues, written by authorities in the field.
25-U.S.C.-1804A in the Legal Encyclopedia: Education Grants
In this entry about 25-U.S.C.-1804A, find legal reference material, bibliographies and premiere content related to education grants in the American Encyclopedia of Law, presenting a comprehensive view of the United States education grants-specific issues, written by authorities in the field.
Leave a Reply