20 U.S.C. § 7515

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 7515 - Program authorized
(a) General authority
(1) Grants and contracts

The Secretary is authorized to make direct grants to, or enter into contracts with-

(A) Native Hawaiian educational organizations;
(B) Native Hawaiian community-based organizations;
(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language;
(D) charter schools; and
(E) consortia of the organizations, agencies, and institutions described in subparagraphs (A) through (C),

to carry out programs that meet the purposes of this part.

(2) Priorities

In awarding grants or contracts to carry out activities described in paragraph (3), the Secretary shall give priority to entities proposing projects that are designed to address-

(A) beginning reading and literacy among students in kindergarten through third grade;
(B) the needs of at-risk children and youth;
(C) needs in fields or disciplines in which Native Hawaiians are underemployed; and
(D) the use of the Hawaiian language in instruction.
(3) Authorized activities

Activities provided through programs carried out under this part may include-

(A) the development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children from the prenatal period of the children through age 5;
(B) the operation of family-based education centers that provide such services as-
(i) programs for Native Hawaiian parents and their infants from the prenatal period of the infants through age 3;
(ii) preschool programs for Native Hawaiians; and
(iii) research on, and development and assessment of, family-based, early childhood, and preschool programs for Native Hawaiians;
(C) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6;
(D) activities to meet the special needs of Native Hawaiian students with disabilities, including-
(i) the identification of such students and their needs;
(ii) the provision of support services to the families of such students; and
(iii) other activities consistent with the requirements of the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.];
(E) activities that address the special needs of Native Hawaiian students who are gifted and talented, including-
(i) educational, psychological, and developmental activities designed to assist in the educational progress of those students; and
(ii) activities that involve the parents of those students in a manner designed to assist in the educational progress of such students;
(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children and adults, including curriculum materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture;
(G) professional development activities for educators, including-
(i) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions;
(ii) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such students; and
(iii) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers;
(H) the operation of community-based learning centers that address the needs of Native Hawaiian students, parents, families, and communities through the coordination of public and private programs and services, including-
(i) early childhood education programs;
(ii) before, after, and summer school programs, expanded learning time, or weekend academies;
(iii) career and technical education programs; and
(iv) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors;
(I) activities, including program co-location, to enable Native Hawaiians to enter and complete programs of postsecondary education, including-
(i) family literacy services; and
(ii) counseling, guidance, and support services for students;
(J) research and data collection activities to determine the educational status and needs of Native Hawaiian children and adults;
(K) other research and evaluation activities related to programs carried out under this part; and
(L) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults.
(b) Administrative costs

Not more than 5 percent of funds provided to a recipient of a grant or contract under subsection (a) for any fiscal year may be used for administrative purposes.

(c) Authorization of appropriations
(1) In general

There are authorized to be appropriated to carry out this section and section 7514 of this title $32,397,000 for each of fiscal years 2017 through 2020.

(2) Reservation

Of the funds appropriated under this subsection, the Secretary shall reserve $500,000 for each of fiscal years 2017 through 2020 to make a direct grant to the Education Council to carry out section 7514 of this title.

(3) Availability

Funds appropriated under this subsection shall remain available until expended.

20 U.S.C. § 7515

Pub. L. 89-10, title VI, §6205, formerly title VII, §7205, as added Pub. L. 107-110, §701, Jan. 8, 2002, 115 Stat. 1939; renumbered title VI, §6205, and amended Pub. L. 114-95, §§6001(a), (b)(1), (10), 6003(c), Dec. 10, 2015, 129 Stat. 2046, 2047, 2066.

EDITORIAL NOTES

REFERENCES IN TEXTThe Individuals with Disabilities Education Act, referred to in subsec. (a)(3)(D)(iii), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

PRIOR PROVISIONSA prior section 7515, Pub. L. 89-10, title VII, §7205, as added Pub. L. 103-382, §101, 108 Stat. 3738, related to elementary school foreign language incentive program, prior to the general amendment of former subchapter VII of this chapter by Pub. L. 107-110.

AMENDMENTS2015-Subsec. (a)(1)(D), (E). Pub. L. 114-95, §6003(c)(1)(A), added subpar. (D) and redesignated former subpar. (D) as (E).Subsec. (a)(3)(C). Pub. L. 114-95, §6003(c)(1)(B)(i), substituted "grade 3" for "third grade" and "grades 5 and 6" for "fifth and sixth grade".Subsec. (a)(3)(D)(ii). Pub. L. 114-95, §6003(c)(1)(B) (ii), substituted "of such students" for "of those students".Subsec. (a)(3)(E)(ii). Pub. L. 114-95, §6003(c)(1)(B) (iii), substituted "educational progress of such students" for "students' educational progress".Subsec. (a)(3)(G)(ii). Pub. L. 114-95, §6003(c)(1)(B) (iv), substituted "high concentrations of Native Hawaiian students to meet the unique needs of such students; and" for "concentrations of Native Hawaiian students to meet those students' unique needs; and".Subsec. (a)(3)(H). Pub. L. 114-95, §6003(c)(1)(B)(v)(I), substituted "students, parents, families," for "families" in introductory provisions.Subsec. (a)(3)(H)(i). Pub. L. 114-95, §6003(c)(1)(B)(v) (II), substituted "early childhood education programs" for "preschool programs". Subsec. (a)(3)(H)(ii). Pub. L. 114-95, §6003(c)(1)(B)(v) (III), added cl. (ii) and struck out former cl. (ii) which read as follows: "after-school programs;". Subsec. (a)(3)(H)(iii). Pub. L. 114-95, §6003(c)(1)(B)(v) (IV), substituted "career and technical education programs" for "vocational and adult education programs". Subsec. (a)(3)(I). Pub. L. 114-95, §6003(c)(1)(B) (vi), added cls. (i) and (ii) and struck out former cls. (i) to (v) which read as follows:"(i) provision of full or partial scholarships for undergraduate or graduate study that are awarded to students based on their academic promise and financial need, with a priority, at the graduate level, given to students entering professions in which Native Hawaiians are underrepresented;"(ii) family literacy services; "(iii) counseling and support services for students receiving scholarship assistance;"(iv) counseling and guidance for Native Hawaiian secondary students who have the potential to receive scholarships; and"(v) faculty development activities designed to promote the matriculation of Native Hawaiian students;". Subsec. (a)(4). Pub. L. 114-95, §6003(c)(1)(C), struck out par. (4). Text read as follows:"(A) INSTITUTIONS OUTSIDE HAWAII.-The Secretary shall not establish a policy under this section that prevents a Native Hawaiian student enrolled at a 2- or 4-year degree granting institution of higher education outside of the State of Hawaii from receiving a scholarship pursuant to paragraph (3)(I)."(B) SCHOLARSHIP CONDITIONS.-The Secretary shall establish conditions for receipt of a scholarship awarded under paragraph (3)(I). The conditions shall require that an individual seeking such a scholarship enter into a contract to provide professional services, either during the scholarship period or upon completion of a program of postsecondary education, to the Native Hawaiian community."Subsec. (c)(1). Pub. L. 114-95, §6003(c)(2)(A), substituted "$32,397,000 for each of fiscal years 2017 through 2020" for "such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years". Pub. L. 114-95, §6001(b) (10)(A), made technical amendment to reference in original act which appears in text as reference to section 7514 of this title. Subsec. (c)(2). Pub. L. 114-95, §6003(c)(2)(B), substituted "for each of fiscal years 2017 through 2020" for "for fiscal year 2002 and each of the 5 succeeding fiscal years". Pub. L. 114-95, §6001(b) (10)(B), made technical amendment to reference in original act which appears in text as reference to section 7514 of this title.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2015 AMENDMENT 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.

Secretary
The term "Secretary" means the Secretary of Education.
State
The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
elementary school
The term "elementary school" means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.
expanded learning time
The term "expanded learning time" means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for-(A) activities and instruction for enrichment as part of a well-rounded education; and(B) instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects.
family literacy services
The term "family literacy services" means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities:(A) Interactive literacy activities between parents and their children.(B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children.(C) Parent literacy training that leads to economic self-sufficiency.(D) An age-appropriate education to prepare children for success in school and life experiences.
professional development
The term "professional development" means activities that-(A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and(B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that-(i) improve and increase teachers'-(I) knowledge of the academic subjects the teachers teach;(II) understanding of how students learn; and(III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis;(ii) are an integral part of broad schoolwide and districtwide educational improvement plans;(iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback;(iv) improve classroom management skills;(v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification;(vi) advance teacher understanding of-(I) effective instructional strategies that are evidence-based; and(II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers;(vii) are aligned with, and directly related to, academic goals of the school or local educational agency;(viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this chapter;(ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments;(x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach;(xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development;(xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations;(xiii) include instruction in the use of data and assessments to inform and instruct classroom practice;(xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families;(xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions;(xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of subchapter I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers;(xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and(xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness.