 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
   SUBCHAPTER IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
 
                        Part A--Indian Education
 
         subpart 1--formula grants to local educational agencies
 
Sec. 7814. Applications


(a) Application required

    Each local educational agency that desires to receive a grant under 
this subpart shall submit an application to the Secretary at such time, 
in such manner, and containing such information as the Secretary may 
reasonably require.

(b) Comprehensive program required

    Each application submitted under subsection (a) of this section 
shall include a comprehensive program for meeting the needs of Indian 
children served by the local educational agency, including the language 
and cultural needs of the children, that--
        (1) provides programs and activities to meet the culturally 
    related academic needs of American Indian and Alaska Native 
    students;
        (2)(A) is consistent with, and promotes the goals in, the State 
    and local improvement plans, either approved or being developed, 
    under title III \1\ of the Goals 2000: Educate America Act or, if 
    such plans are not approved or being developed, with the State and 
    local plans under sections 6311 and 6312 of this title; and
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    \1\ See References in Text note below.
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        (B) includes academic content and student performance goals for 
    such children, and benchmarks for attaining such goals, that are 
    based on the challenging State standards adopted under subchapter I 
    of this chapter for all children;
        (3) explains how Federal, State, and local programs, especially 
    under subchapter I of this chapter, will meet the needs of such 
    students;
        (4) demonstrates how funds made available under this subpart 
    will be used for activities described in section 7815 of this title;
        (5) describes the professional development opportunities that 
    will be provided, as needed, to ensure that--
            (A) teachers and other school professionals who are new to 
        the Indian community are prepared to work with Indian children; 
        and
            (B) all teachers who will be involved in programs assisted 
        under this subpart have been properly trained to carry out such 
        programs; and

        (6) describes how the local educational agency--
            (A) will periodically assess the progress of all Indian 
        children enrolled in the schools of the local educational 
        agency, including Indian children who do not participate in 
        programs assisted under this subpart, in meeting the goals 
        described in paragraph (2);
            (B) will provide the results of each assessment referred to 
        in subparagraph (A) to--
                (i) the committee of parents described in subsection 
            (c)(4) of this section; and
                (ii) the community served by the local educational 
            agency; and

            (C) is responding to findings of any previous assessments 
        that are similar to the assessments described in subparagraph 
        (A).

(c) Assurances

    Each application submitted under subsection (a) of this section 
shall include assurances that--
        (1) the local educational agency will use funds received under 
    this subpart only to supplement the level of funds that, in the 
    absence of the Federal funds made available under this subpart, such 
    agency would make available for the education of Indian children, 
    and not to supplant such funds;
        (2) the local educational agency will submit such reports to the 
    Secretary, in such form and containing such information, as the 
    Secretary may require to--
            (A) carry out the functions of the Secretary under this 
        subpart; and
            (B) determine the extent to which funds provided to the 
        local educational agency under this subpart are effective in 
        improving the educational achievement of Indian students served 
        by such agency;

        (3) the program for which assistance is sought--
            (A) is based on a local assessment and prioritization of the 
        special educational and culturally related academic needs of the 
        American Indian and Alaska Native students for whom the local 
        educational agency is providing an education;
            (B) will use the best available talents and resources, 
        including individuals from the Indian community; and
            (C) was developed by such agency in open consultation with 
        parents of Indian children and teachers, and, if appropriate, 
        Indian students from secondary schools, including public 
        hearings held by such agency to provide the individuals 
        described in this subparagraph a full opportunity to understand 
        the program and to offer recommendations regarding the program; 
        and

        (4) the local educational agency developed the program with the 
    participation and written approval of a committee--
            (A) that is composed of, and selected by--
                (i) parents of Indian children in the local educational 
            agency's schools and teachers; and
                (ii) if appropriate, Indian students attending secondary 
            schools;

            (B) the membership of which is at least more than one-half 
        parents of Indian children;
            (C) that sets forth such policies and procedures, including 
        policies and procedures relating to the hiring of personnel, as 
        will ensure that the program for which assistance is sought will 
        be operated and evaluated in consultation with, and with the 
        involvement of, parents of the children, and representatives of 
        the area, to be served;
            (D) with respect to an application describing a schoolwide 
        program in accordance with section 7815(c) of this title, has--
                (i) reviewed in a timely fashion the program; and
                (ii) determined that the program will not diminish the 
            availability of culturally related activities for American 
            Indians and Alaskan Native students; and

            (E) has adopted reasonable bylaws for the conduct of the 
        activities of the committee and abides by such bylaws.

(Pub. L. 89-10, title IX, Sec. 9114, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3776.)

                       References in Text

    The Goals 2000: Educate America Act, referred to in subsec. 
(b)(2)(A), is Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 125 (except 
titles V and IX), as amended. Title III of the Act was classified 
generally to subchapter III (Sec. 5881 et seq.) of chapter 68 of this 
title and was repealed by Pub. L. 106-113, div. B, Sec. 1000(a)(4) 
[title III, Sec. 310(i)], Nov. 29, 1999, 113 Stat. 1535, 1501A-265. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 5801 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 7812, 7815 of this title; 
title 25 section 456.
