Title 20 — Education
Part B · Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools
§ 7824. Consolidated set-aside for Department of the Interior funds
Statutory text
General authority
Transfer
The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of subchapter VI, and the education for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act [42 U.S.C. 11431 et seq.], the amounts allotted to the Department of the Interior under those programs.
Agreement
In general
The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs.
Contents
The agreement shall—
set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives; and
be developed in consultation with Indian tribes.
Administration
The Department of the Interior may use not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section.
Accountability system
For the purposes of part A of subchapter I, the Secretary of Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent with section 6311 of this title, for the schools funded by the Bureau of Indian Education on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools.
The tribal governing body or school board of a school funded by the Bureau of Indian Affairs may waive, in part or in whole, the requirements established pursuant to paragraph (1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal governing body or school board shall, within 60 days, submit to the Secretary of Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with section 6311 of this title, that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior and the Secretary shall approve such standards, assessments, and accountability system unless the Secretary determines that the standards, assessments, and accountability system do not meet the requirements of section 6311 of this title, taking into account the unique circumstances and needs of such school or schools and the students served.
Technical assistance.—
The Secretary of Interior and the Secretary shall, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Affairs that seeks a waiver under paragraph (2).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Elementary and Secondary Education Act of 1965
Pub. L. 89–10 title VIII § 8204 · 79 Stat. 27
Enacted · 20 U.S.C. § 7824
Pub. L. 89–10, title VIII, § 8204, formerly title IX, § 9204, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1968
Source evidence
Code source credit
Pub. L. 89–10, title VIII, § 8204, formerly title IX, § 9204, as added Pub. L. 107–110, title IX, § 901, Jan. 8, 2002, 115 Stat. 1968Every Student Succeeds Act
Pub. L. 114–95 § 8007(1)(A) · 129 Stat. 1802
Substituted · 20 U.S.C. § 7824(a)(1)
Pub. L. 114–95, § 8007(1)(A), substituted “part A of subchapter VI” for “part A of subchapter VII”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 114–95, § 8007(1)(A), substituted “part A of subchapter VI” for “part A of subchapter VII”.Enacted provision · exact public law section
(A) in paragraph (1), by striking “part A of title VII” and inserting “part A of title VI”; andEffective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 8007(1)(B) · 129 Stat. 1802
Added · 20 U.S.C. § 7824(a)(2)(B)
Pub. L. 114–95, § 8007(1)(B), added subpar. (B)
Struck · 20 U.S.C. § 7824(a)(2)(B)
Pub. L. 114–95, § 8007(1)(B), struck out former subpar. (B). Prior to amendment, text read as follows: “The agreement shall—
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 114–95, § 8007(1)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The agreement shall—“(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including measurable goals and objectives; and “(ii) be developed in consultation with Indian tribes.”
Enacted provision · exact public law section
(B) in paragraph (2), by striking subparagraph (B) and inserting the following: “(B) Contents.— The agreement shall— “(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives; and “(ii) be developed in consultation with Indian tribes.” ; andEffective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.Every Student Succeeds Act
Pub. L. 114–95 § 8007(2) · 129 Stat. 1802
Added · 20 U.S.C. § 7824(c)
Pub. L. 114–95, § 8007(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–95, § 8007(2), added subsec. (c).Enacted provision · exact public law section
(2) by adding at the end the following: “(c) Accountability System.— “(1) For the purposes of part A of title I, the Secretary of Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent with section 1111, for the schools funded by the Bureau of Indian Education on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. “(2) The tribal governing body or school board of a school funded by the Bureau of Indian Affairs may waive, in part or in whole, the requirements established pursuant to paragraph (1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal governing body or school board shall, within 60 days, submit to the Secretary of Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with section 1111, that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior and the Secretary shall approve such standards, assessments, and accountability system unless the Secretary determines that the standards, assessments, and accountability system do not meet the requirements of section 1111, taking into account the unique circumstances and needs of such school or schools and the students served. “(3) Technical assistance.— The Secretary of Interior and the Secretary shall, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Affairs that seeks a waiver under paragraph (2).” .Effective date note
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(1), is Pub. L. 100–77, , 101 Stat. 482. Subtitle B of title VII of the Act is classified generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables.
Amendments
2015—Subsec. (a)(1). Pub. L. 114–95, § 8007(1)(A), substituted “part A of subchapter VI” for “part A of subchapter VII”.
Subsec. (a)(2)(B). Pub. L. 114–95, § 8007(1)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “The agreement shall—
“(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including measurable goals and objectives; and
“(ii) be developed in consultation with Indian tribes.”
Subsec. (c). Pub. L. 114–95, § 8007(2), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Credits
2002–2015 · 2 acts
- 2002Pub. L. 89–10, title VIII, § 8204, formerly title IX, § 9204, as added Pub. L. 107–110, title IX, § 901, , 115 Stat. 1968
- 2015renumbered title VIII, § 8204, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(2), 8007, , 129 Stat. 2088, 2089, 2100.
Show as published
(Pub. L. 89–10, title VIII, § 8204, formerly title IX, § 9204, as added Pub. L. 107–110, title IX, § 901, , 115 Stat. 1968; renumbered title VIII, § 8204, and amended Pub. L. 114–95, title VIII, §§ 8001(a)(2), 8007, , 129 Stat. 2088, 2089, 2100.)