25 U.S.C. § 2011 | Policy for Indian control of Indian education

(a)

Facilitation of Indian control

It shall be the policy of the United States acting through the Secretary, in carrying out the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.

(b)

Consultation with tribes

(1)

In general

All actions under this Act shall be done with active consultation with tribes. The United States acting through the Secretary and tribes shall work in a government-to-government relationship to ensure quality education for all tribal members.

(2)

Requirements

(A)

Definition of consultation

In this subsection, the term “consultation” means a process involving the open discussion and joint deliberation of all options with respect to potential issues or changes between the Bureau and all interested parties.

(B)

Discussion and joint deliberation

During discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an opportunity—

(i)

to present issues (including proposals regarding changes in current practices or programs) that will be considered for future action by the Secretary; and

(ii)

to participate and discuss the options presented, or to present alternatives, with the views and concerns of the interested parties given effect unless the Secretary determines, from information available from or presented by the interested parties during one or more of the discussions and deliberations, that there is a substantial reason for another course of action.

(C)

Explanation by Secretary

The Secretary shall submit to any Member of Congress, within 18 days of the receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is not consistent with the views of the interested parties described in subparagraph (B).

Pub. L. 95–561, title XI, § 1131 Pub. L. 107–110, title X, § 1042Jan. 8, 2002115 Stat. 2043(, as added , , .)

Editorial Notes

References in Text

Pub. L. 95–561Nov. 1, 197892 Stat. 2143 section 6301 of Title 20This Act, referred to in subsec. (b)(1), means , , , known as the Education Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under , Education, and Tables.

Prior Provisions

Pub. L. 95–561, title XI, § 1131 Pub. L. 103–382, title III, § 381Oct. 20, 1994108 Stat. 4001 Pub. L. 107–110A prior section 2011, , as added , , , related to policy for Indian control of Indian education, prior to the general amendment of this chapter by .

Pub. L. 95–561, title XI, § 1131Nov. 1, 197892 Stat. 2322Jan. 1, 197992 Stat. 3783 Pub. L. 98–511, title V, § 507(b)Oct. 19, 198498 Stat. 2396 Pub. L. 100–297, title VApr. 28, 1988102 Stat. 377 Pub. L. 100–427, § 9(a)Sept. 9, 1988102 Stat. 1606 Pub. L. 103–382Another prior section 2011, , , ; 1978 Reorg. Plan No. 2, § 102, eff. , 43 F.R. 36037, ; , , ; , §§ 5112(a), (b)(1), 5114, 5115, , , 378, 380; –(c), , , related to education personnel, prior to the general amendment of this chapter by .

Statutory Notes and Related Subsidiaries

Effective Date

Jan. 8, 2002section 5 of Pub. L. 107–110 section 6301 of Title 20Section effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.