SEC. 8030.

CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS

Section Summary

ESSA

SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL

ORGANIZATIONS.

Subpart 2 of part F of title VIII, as amended and redesignated by

section 8001 of this Act, is further amended by adding at the end the

following:

``SEC. 8538. <<NOTE: 20 USC 7918.>> CONSULTATION WITH INDIAN

TRIBES AND TRIBAL ORGANIZATIONS.

``(a) In General.--To ensure timely and meaningful consultation on

issues affecting American Indian and Alaska Native students, an affected

local educational agency shall consult with appropriate officials from

Indian tribes or tribal organizations approved by the tribes located in

the area served by the local educational agency prior to the affected

local educational agency's submission of a required plan or application

for a covered program under

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this Act or for a program under title VI of this Act. Such consultation

shall be done in a manner and in such time that provides the opportunity

for such appropriate officials from Indian tribes or tribal

organizations to meaningfully and substantively contribute to such plan.

``(b) Documentation.--Each affected local educational agency shall

maintain in the agency's records and provide to the State educational

agency a written affirmation signed by the appropriate officials of the

participating tribes or tribal organizations approved by the tribes that

the consultation required by this section has occurred. If such

officials do not provide such affirmation within a reasonable period of

time, the affected local educational agency shall forward documentation

that such consultation has taken place to the State educational agency.

``(c) Definitions.--In this section:

``(1) Affected local educational agency.--The term `affected

local educational agency' means a local educational agency--

``(A) with an enrollment of American Indian or

Alaska Native students that is not less than 50 percent

of the total enrollment of the local educational agency;

or

``(B) that--

``(i) for fiscal year 2017, received a grant

in the previous year under subpart 1 of part A of

title VII (as such subpart was in effect on the

day before the date of enactment of the Every

Student Succeeds Act) that exceeded $40,000; or

``(ii) for any fiscal year following fiscal

year 2017, received a grant in the previous fiscal

year under subpart 1 of part A of title VI that

exceeded $40,000.

``(2) Appropriate officials.--The term `appropriate

officials' means--

``(A) tribal officials who are elected; or

``(B) appointed tribal leaders or officials

designated in writing by an Indian tribe for the

specific consultation purpose under this section.

``(d) Rule of Construction.--Nothing in this section shall be

construed--

``(1) to require the local educational agency to determine

who are the appropriate officials; or

``(2) to make the local educational agency liable for

consultation with appropriate officials that the tribe

determines not to be the correct appropriate officials.

``(e) Limitation.--Consultation required under this section shall

not interfere with the timely submission of the plans or applications

required under this Act.''.

NCLB Text

Previously not included in NCLB.