20 U.S.C. § 3423c | Office of Indian Education

(a)

Office of Indian Education

There shall be an Office of Indian Education (referred to in this section as “the Office”) in the Department of Education.

(b)

Director

(1)

Appointment and reporting

The Office shall be under the direction of the Director, who shall be appointed by the Secretary and who shall report directly to the Assistant Secretary for Elementary and Secondary Education.

(2)

Duties

The Director shall—

(A)

20 U.S.C. 7401 be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965 [ et seq.];

(B)

be involved in, and be primarily responsible for, the development of all policies affecting Indian children and adults under programs administered by the Office of Elementary and Secondary Education;

(C)

coordinate the development of policy and practice for all programs in the Department relating to Indian persons; and

(D)

assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities related to the education of Indian persons.

(c)

Indian preference in employment

(1)

In general

The Secretary shall give a preference to Indian persons in all personnel actions in the Office.

(2)

Implementation

section 45 of title 25Such preference shall be implemented in the same fashion as the preference given to any veteran under .

Pub. L. 96–88, title II, § 215 Pub. L. 103–382, title III, § 372(2)Oct. 20, 1994108 Stat. 3977 Pub. L. 114–95, title IX, § 9215(v)Dec. 10, 2015129 Stat. 2171 (, as added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 89–10Apr. 11, 196579 Stat. 27 section 6301 of this titleThe Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(2)(A), is , , . Part A of title VI of the Act is classified generally to part A (§ 7401 et seq.) of subchapter VI of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

section 215 of Pub. L. 96–88 section 3424 of this titleA prior was renumbered section 217 and is classified to .

section 2641 of Title 25 Pub. L. 103–382, § 367Provisions similar to those in this section were contained in , Indians, prior to repeal by .

Amendments

Pub. L. 114–952015—Subsec. (b)(2)(A). substituted “be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965” for “be responsible for administering this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Pub. L. 114–95Dec. 10, 2015section 5 of Pub. L. 114–95 section 6301 of this titleAmendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under .

Office of Educational Research and Improvement

section 3419 of this title Pub. L. 107–279, title IV, § 402(2)Nov. 5, 2002116 Stat. 1985 The Office of Educational Research and Improvement was established by . Section 3419 was repealed and a new section 3419 establishing the Institute of Educational Sciences was enacted by , , .