§ 5346. Local committee of Indian parents in school districts having school boards composed of non-Indian majority

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.

1. 1934

   Indian Self-Determination and Education Assistance Act

   Pub. L. 93–638 title II § 202 · 88 Stat. 2204

   Enacted · 25 U.S.C. § 5346

   Apr. 16, 1934, ch. 147, § 5, as added Pub. L. 93–638, title II, § 202, Jan. 4, 1975, 88 Stat. 2213

   Source evidence

   Code source credit
   Apr. 16, 1934, ch. 147, § 5, as added Pub. L. 93–638, title II, § 202, Jan. 4, 1975, 88 Stat. 2213

   Enacted provision · exact public law section
   Sec. 202. The Act of April 16, 1934 (48 Stat. 596), as amended, is 25 USC 452. further amended by adding at the end thereof the following new sections: “Sec. 4. The Secretary of the Interior shall not enter into any contract 25 USC 455. for the education of Indians unless the prospective contractor has submitted to, and has had approved by the Secretary of the Interior, an education plan, which plan, in the determination of the Secretary, contains educational objectives which adequately address the educational needs of the Indian students who are to be beneficiaries of the contract and assures that the contract is capable of meeting such objectives: Provided, That where students other than Indian students participate in such programs, money expended under such contract shall be prorated to cover the participation of only the Indian students. “Sec. 5. (a) Whenever a school district affected by a contract or contracts 25 USC 456. for the education of Indians pursuant to this Act has a local school board not composed of a majority of Indians, the parents of the Indian children enrolled in the school or schools affected by such contract or contracts shall elect a local committee from among their number. Such committee shall fully participate in the development of, and shall have the authority to approve or disapprove programs to be conducted under such contract or contracts, and shall carry out such other duties, and be so structured, as the Secretary of the Interior shall by regulation provide: Provided, however, That, whenever a local Indian committee or committees established pursuant to section 305 (b)(2)(B)(ii) of the Act of June 23, 1972 (86 Stat. 235) or an Indian advisory school board or boards established pursuant to this Act prior to the date of enactment of this section exists in such school district, such committee or board may, in the discretion of the affected tribal governing body or bodies, be utilized for the purposes of this section. “(b) The Secretary of the Interior may, in his discretion, revoke any contract if the contractor fails to permit a local committee to perform its duties pursuant to subsection (a). “Sec. 6. Any school district educating Indian students who are 25 USC 457. members of recognized Indian tribes, who do not normally reside in the State in which such school district is located, and who are residing in Federal boarding facilities for the purposes of attending public schools within such district may, in the discretion of the Secretary of the Interior, be reimbursed by him for the full per capita costs of educating such Indian students.”

2. 1994

   Improving America’s Schools Act of 1994

   Pub. L. 103–382 title III § 393(d) · 108 Stat. 3518

   Substituted · 25 U.S.C. § 5346(a)

   Pub. L. 103–382 substituted reference to section 7814(c)(4) of title 20 for reference to section 241dd(b)(2)(B)(ii) of title 20

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–382 substituted reference to section 7814(c)(4) of title 20 for reference to section 241dd(b)(2)(B)(ii) of title 20.

   Enacted provision · exact public law section
   (d) Johnson-O’Malley Act.— Subsection (a) of section 5 of the Act of April 16, 1934, commonly known as the “Johnson-O’Malley Act” (25 U.S.C. 456(a)) is amended by striking “section 3O5(b)(2)(B)(ii) of the Act of June 23, 1972 (86 Stat. 235)” and inserting “section 9104(c)(4) of the Elementary and Secondary Education Act of 1965”.

3. 2002

   Pub. L. 107–110 title VII § 702(e) · 115 Stat. 1425

   Substituted · 25 U.S.C. § 5346(a)

   Pub. L. 107–110 substituted reference to section 7424(c)(4) of title 20 for reference to section 7814(c)(4) of title 20

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–110 substituted reference to section 7424(c)(4) of title 20 for reference to section 7814(c)(4) of title 20.

   Enacted provision · exact public law section
   (e) Act of April 16, 1934.— Section 5 of the Act of April 16, 1934 (commonly known as the “Johnson-O’Malley Act”) (88 Stat. 2213; 25 U.S.C. 456) is amended by striking “section 9104(c)(4)” and inserting “section 7114(c)(4)”.

   Effective date note
   Amendment by Pub. L. 107–110 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 an Effective Date note under section 6301 of Title 20, Education.

4. 2015

   Every Student Succeeds Act

   Pub. L. 114–95 title IX § 9215(a) · 129 Stat. 1802

   Changed · 25 U.S.C. § 5346(a)

   Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7424(c)(4) of title 20

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7424(c)(4) of title 20.

   Enacted provision · exact public law section
   (a) Act of April 16, 1934 (popularly Known as the Johnson-O’Malley Act).— Section 5(a) of the Act of April 16, 1934 (popularly known as the Johnson-O’Malley Act) (25 U.S.C. 456(a)) is amended by striking “section 7114(c)(4) of the Elementary and Secondary Education Act of 1965” and inserting “section 6114(c)(4) of the Elementary and Secondary Education Act of 1965”.

4 of 4 references resolved to an enrolled provision