ADD DATE

Dear Colleague: Thank y ou for y our interest in the Native American Career and Technical Education Program, Administered by

the Office of Vocational and Adult Education of the U.S. Department of Education. The Native American Career and Techn ical Education Program (NACTEP) is authorized under Section 116 of the Carl D. Perkins Career and Technical Education Improvement Act of 2006. A cop y of the Notice Inviting Applications for New Awards for Fiscal Year (FY) 2013 and the authorizing statute are provided in the application package. Please take the time to review these documents thoroughl y. The purpose of the Native American Career and Technical Education Program is to provide grants to improve career and technical education programs that ar e consistent with the purposes of the Act and that benefit American Indians and Alaska Natives. Please take the time to review the selection criteria and all of the application instructions thoroughl y. Applications for grants under this program may be su bmitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery . Your participation in Grants.gov is voluntary . For information (including dates and times) concerning how to submit yo ur application electr onically , or b y m ail or hand delivery , please refer to section IV. Application and Submission I nformation

. The Department will award discretionary grants on a competitive basis for a project period of up to 2 y ears. We expect to award grants in September 2013. Please visit our program website at http://www.cte.ed.gov for further information. If y ou have any questions about the program after reviewing the application package, please contact Gwen Washington or Li n da May o at (202) 245

- 7790 or (202) 245

- 7792, respectivel y. You may also contact us b y email at gwen.washington@ed.gov or linda.may o@ed.gov

. Again, thank you for your interest. We look forward to receiving your application and appreciate your efforts to meet the educational needs of Native American and Alaska Native students through this program.
Gwen Washington Linda May o Program Officers, Native American Career and Technical Education Program**TABLE OF CONTENTS**

**Dear Colleague Letter Program**  **Inf**

**ormation**
**... ..................................................................**  **......... Program Contact**  **Eligible Applicants Estimated Funds & Awards**  **Supplemental Priorities............................................................................** 
**Selection C**  **riteria**
**........................................................................... .........** 

**Need for Project Significance**  **Quality of the Project Design Quality of the Project Services**  **Quality of Project Personnel Adequacy of Resources**  **Quality of the Management Plan**  **Quality of Project Evaluation Special Considerations** 
**...... .........**  **...................................................... ........**  **Program Requirements**
**.................................................................. .........**  **..**

**Reporting Evaluation**  **Government Performance and Results Act GPRA)**
**........................... ..............**  **Indian Self Determination Contracts** 
**................................................... ........**  **NACTEP Definitions**
**............................................................... ............**  **.... Legal and Regulatory Documents...............................................................**  **Application Notice (To Be Inserted).............................................................. Program Statute.....................................................................................** 
**Instructions Documents........................................................................... SE**  **CTION A**

**PROGRAM INFORMATION** The Native American Career and Technical Education Program (NACTEP) is authorized by section 116 of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Perkins IV) (20 U.S.C.A. 2301 et seq. ). The NACTEP provides grants to improve career and technical education programs that are consistent with the purposes of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Act) and that bene fit Native Americans and Alaska Natives. **Applicable Regulations** The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 85, 86, 97, 98, 99. Note: The regulations in 34 CFR, part 86, appl y t o institutions of higher education only

. **PROGRAM CONTACT** If you have an y questions about the program after reviewing the application package, please contact Gwen Washington or L inda May o at (202) 245

- 7790 or (202) 245

- 7792, respectivel y. You may also contact us by

email at gwen.washington@ed.gov or linda.may o@ed.gov In formation on the NACTEP is also available on our website at http://www.cte.ed.gov

. **ELIGIBLE APPLICANTS** The following entities are eligible for an award under the NACTEP: (1) A Federall y recognized Indian tribe. (2) A tribal organization. (3) An Alaska Native entity (4) A Bureau

- funded school, except for a bureau funded school proposing to use its award to support secondary school career and technical education programs. (5) Any tribe, tribal organization, Alaska Native entity , or eligible Bureau

- funded school may apply individuall y or as part of a consortium with on e or more eligible tribes, tribal organizations, Alaska Native entities, or eligible Bureau

- funded schools. (Eligible applicants seeking to appl y for funds as a consortium should read and follow the regulations in 34 CFR 75.127

- 75.129, which appl y to grou p applications.)Note: An applicant must include documentation in its application showing that it and, if

appropriate, consortium members are eligible according to the requirements in paragraphs (a) and (b) of the “ELIGIBLE APPLICANTS” sec tion of this notice.
Note: I n accordance with the definition of the term “tribal organization” in the I ndian Self

Determination Education Act (ISDEA) (25 U.S.C. 450 (b) (1)), an y tribal organization proposing to provide NACTEP services for the benefit o f more than one Indian tribe must first obtain the approval of each Indian tribe it proposes to serve and must submit documentation of such approval with its application. Documentation of tribal approval will be a prerequisite to the awarding of a NACTEP grant to an y tribal organization proposing to serve more than one Indian tribe. (20 U.S.C. 450 (b) (1)). Cost Sharing or Matching: This program does not involve cost sharing or matching requirements, but does involve supplement

- not

- supplant funding prov isions. Ty pe of Awards: Discretionary grants **ESTIMATED FUNDS & AWARDS** The U.S. Department of Education is estimating that $1 3,897,499 will be available for new awards for the first 12 months of the 24

- month project period. From this funding, we expect to award approximately

30 grantees. Funding for ye ar two of the 24

- month project period is subject to the availability of funds and to a grantee meeting the requirements of 34 CFR 75.253 (Continuation of multi

- year projects after the first budget period). Fiscal Year 2013 funds will be used for new awards under this competition. **Estimated Range of Awards** : $300,000 to $600,000 for the first 12 months. **Estimated Average Size of Awards** : $400,000
**Estim ated Number of Awards**  : 30 Note: The Department is not bound by an y estimates in the notice. **Project Period** : Up to 24 months **Deadline for Transmittal of Applications** : **Supplemental Priorities**  : On December 15, 2010 and May 12, 2011, following public comment rulemaking, the Department published in the Federal Register notices announcing final supplemental priorities and definitions for the Department’s discretionary grant programs. (75 FR 78486 and 76 FR 27637)(Supplemental Priorities) Under this comp etition w e are using the Secretary ’s STEM and Technology priorities, since both of these are key Administration priorities in education. The use of technology within CTE programs funded under the Act, including NACTEP, is crucial as it can help improve th e quality of instruction and the connections that students have to universities, colleges, emplo yers, and industries that are farfrom campus. Career and technical education in the STEM fields is critical to providing students

with education that can lead to employ ment in high growth, in

- demand industry sectors. If we are to prepare Native American and Alaska Native students for the jobs of the future, we believe it is important for STEM to be a focus of the CTE programs available to them.
**Invitational Priorities**  : For FY 2013, these priorities are invitational priorities. Under 34 CFR 75.105 (c) (1) we do not give an application that meets one or both of these invitational priorities a competitive or absolute preference over other applications that hav e not addressed one or both of these priorities. **Priority 1**
**-- Technology**  Under this priority , we invite applications that propose projects designed to improve student achievement or teacher effectiveness through the use of high

- quality digital tools or materials, which may

include preparing teachers to use the technology to improve instruction, as well as developing, implementing, or evaluating digit al tools or materials. **Priority 2**

**— Promoting Science, Technology, Engineering, and**  **Mathematics (STEM) Education**  Under this priority , we invite applications that propose projects designed to address one or more of the following priority areas: (a) Providing s tudents with increased access to rigorous and engaging coursework in STEM. (b) In creasing the number and proportion of students prepared for postsecondary or graduate study

and careers in STEM. (c) In creasing the opportunities for high

- qualit y preparation of, or professional development for, teachers or other educators of STEM subjects.

**SELECTION CRITERIA** The Secretary

uses the following program criteria to evaluate an application. The maximum score for each criterion is indicated in parentheses. ( a ) **Need for project** . (5 points total) I n determining the need for the proposed project, we consider the extent of the need for the services to be provided or the activities to be carried out by the proposed project, as evidenced by data such as local l abor market demand or occupational trends, or from survey s, recommendations from accrediting agencies, or tribal economic development plans. ( b) **Significance** . (15 points total) In determining the significance of the proposed project, we consider the following factors: (1 ) The potential contribution of the proposed project toward increasing the understanding of educational needs, issues, or strategies for providing caree r and technical education to American Indians and Alaska Natives. (5 points)(2 ) The likelihood that the proposed project will result in sy stem change or improvement in

the applicant's educational program as evidenced by the t ypes of training and acti vities identified in the project application. (5 points) (3 ) The extent to which the proposed project is likely to build local capacity

to provide, improve, or expand services that address the career and technical needs of the target population. (5 poi nts) (c) **Quality of the project design** . (25 points total ) I n determining the quality of the design of the proposed project, we consider the following factors: (1) The extent to which goals, objectives, and outcomes are clearly specified and measurabl e (e.g., identification of the requirements for each course of stud y to be provided under the project, the technical skill proficiencies to be taught and industry

- recognized standards or competency assessments to be used, including related training areas a nd a description of the industry certifications, credentials, certificates, or degrees that students may earn; expected enrollments, completions, and student placements in jobs, military specialties, and continuing education/training opportunities in each career training area; the number of teachers, counselors, and administrators to be trained). (10 points) (2 ) The extent to which the design of the proposed project is appropriate to, and will successfull y address, the needs of the target population or other identified needs, as evidenced b y the applicant's description of programs and activities that align with the target population's needs. (5 points) (3 ) The extent to which the design for implementing and evaluating the proposed project plans for and is likely

to result in the development of information to guide possible dissemination of information on project practices, activities or strategies, including information about the effectiveness of the approach or strategies employ ed by the project, pl anned dissemination activities, the kind of practices, activities, or strategies to be disseminated, the target audience for the dissemination of such practices, activities, or strategies, and the proposed uses for such disseminated practices, activities, or strategies. (5 points) (4 ) The extent to which the proposed project will establish linkages with or will be coordinated with similar or related efforts, and with community , State, or Federal resources, as appropriate. (5 points) (d) **Quality of project services**  . (20 points total ) In determining the quality of the services to be provided b y the proposed project, we consider the following factors: (1) The extent to which the training or professional development services to be provided by th e proposed project are of sufficient qualit y, intensity , and duration to lead to improvements in practice among the project staff and instructors, including the extent to which the proposed training and professional development plans address way s in which learning gaps will be addressed and how continuous review of performance will be conducted to identify training needs. (5 points) (2 ) The extent to which the services to be provided by the proposed project will create opportunities for students to rece ive an industry

- recognized credential; become employ ed in high

- skill, high

- wage, and high

- demand occupations; or both. (5 points)(3) The extent to which the services proposed in the project will create opportunities to acquire

technical skill proficie ncies, industry certifications, or the skills identified by State or industry

recognized career and technical education programs or professions. In describing the services, there must be a clear link between the services and the skill proficiencies, indust ry certifications, credentials, certificates, or degrees that students may earn. (10 points) (e) **Quality of project personnel** . (15 points total ) In determining the quality of project personnel, we consider the following factors: (1 ) The extent to which the applicant encourages applications for employ ment from persons who are members of groups that have traditionally been underrepresented based on color, national origin, gender, age, or disability

. (5 points) (2 ) The qualifications, including r elevant training, expertise, and experience, of the project director, key

personnel, and project consultants. (5 points) (3 ) The extent to which the project will use instructors who are certified to teach in the field in which they

will provide instruc tion. (5 points) (f) **Adequacy of resources** . (20 points total ) In determining the adequacy of resources for the proposed project, we consider the following factors: (1 ) The adequacy

of support, including facilities, equipment, supplies, and other resources, from the applicant organization(s) and the tribal entity or entities to be served. (5 points) (2 ) The extent to which the budget is adequate and costs are reason able in relation to the objectives of the proposed project. (5 points) (3 ) The relevance and demonstrated commitment (e.g., through written career and technical education agreements, memoranda of understanding, letters of support and commitment, or com mitments to employ

project participants, as appropriate) of the applicant, members of the consortium, local employers, or tribal entities to be served b y the project. (5 points) (4 ) The potential for continued support of the project after Federal fundi ng ends. (5 points) (g) **Quality of the management plan** . (15 points total ) I n determining the quality of the management plan for the proposed project, we consider the following factors: (1 ) The adequacy

of the management plan to achieve the object ives of the proposed project on time and within budget, including clearl y defined responsibilities, timelines, and the milestones and performance standards for accomplishing project tasks. (5 points) (2 ) The extent to which the time commitments of the project director and other key project personnel are appropriate and adequate to meet the objectives of the proposed project. (5 points) (3 ) The adequacy

of mechanisms for ensuring high

- qualit y products and services from the proposed project. (5 points )(h) **Quality of the project evaluation** . (25 points total ) I n determining the quality of the evaluation, we consider the following factors: (1 ) The extent to which the methods of evaluation proposed by the grantee are thorough, feasible, and appropriate to the goals, objectives, and outcomes of the proposed project. (5 points) (2 ) The extent to which the methods of evaluation include the use of objective performance measures that are clearl y related to the intended outcomes of the project and the Government Performance and Results Act of 1993 (GPRA) performance measures discussed elsewhere in this notice, and will produce quantitative and qualitative data, to the extent possible. (5 points) (3 ) The extent to which the methods of the eva luation include processes that consider the validity and integrit y of data collection and anal ys is; accessibility of appropriate and timel y data; accurate descriptions of performance; collection processes that yi eld unbiased, unprejudiced, and impartial da ta results; and the extent to which representation of the data clearl y communicates an accurate picture of performance. (5 points) (4 ) The extent to which the methods of evaluation will provide performance feedback and continuous improvement toward achieving intended outcomes. (5 points) (5 ) The qualit y of the evaluation to be conducted by an external evaluator with the necessary ba ckground and technical expertise to carry out the evaluation. (5 points)
**SPECIAL CONSIDERATIONS** In addition to the points to be awarded to applicants based on the selection criteria, under section 116(e) of the Act, the Secretary awards

— (a) Up to 10 points to applications that propose approaches that involve, coordinate with, or encourage tribal economic development plans; and (b) Five points to applications from tribally controlled colleges or university that

-- (1) Are accredited or are candidates fo r accreditation by a nationally

recognized accreditation organization as an institution of postsecondary career and technical education; or (2) Operate career and technical education programs that are accredited or are candidates for accreditation by a na tionally recognized accreditation organization and issue certificates for completion of career and technical education programs. (20 U.S.C. 2326(e)). **Special Conditions** : Under 34 CFR 74.14 and 80.12, the Secretary may impose special conditions on a gran t if the applicant or grantee is not financially stable; has a history

of unsatisfactory

performance; has a financial or other management s ys tem that does not meet the standards in 34 CFR parts 74 or 80, as applicable; has not fulfilled the conditions of a prior grant; or is otherwise not responsible. **Program Requirements :**  **Reporting** : (a) If you appl y for a grant under this competition, y ou must ensure that y ou have in place the necessary processes and sy stems to comply with the reporting requirements in 2 CFR part 170 should y ou receive funding under the competition. This does not ap ply if you have an exception under 2 CFR 170.110 (b).(b) At the end of your project period, you must submit a final performance report, including

financial information, as directed b y the Secretary . If y ou receive a multi

- year award, you submit an annual performance report that provides the most current pe rformance and financial expenditure information as directed b y the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720 (c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply /appforms/appforms.html

. **Government Performance Results Act (GPRA) Performance Measures**  : Under the Government Performance Results Act (GPRA), Federal departments and agencies must clearly describe the goals and objectives of their programs, identify resources and actions needed to accomplish these goals and objectives, develop a means of measuring progress made, and regularl y report on their achievement. One important source of program information on successes and lessons learned is the project evaluation conducted under individual grants. The Department has developed the following core factors and measures for evaluating the overall effectiveness of NACTEP projects: (a) At the secondary

level: An increase in the percentage of career and technical education students who

-- (i) Attain academic proficiency , as demonstrated by meeting academic content standards and student academic achievement standards that meet ch allenging State defined academic standards for reading/language arts and mathematics; (ii) Attain career and technical skill proficiencies, including student achievement on technical assessments that are aligned with industry

- recognized standards; (iii) Attain a secondary

school diploma; (iv) If a credential, certificate, or degree is offered by the State in which the project operates, in conjunction with a secondary school diploma, attain a proficiency credential, certificate, or degree in conj unction with a secondary school diploma; and (v) Are placed in

-- (1) Postsecondary

education or advanced training; (2) Military

service; or (3) Employ

ment. (b) At the postsecondary

level: An increase in the percentage of career and tech nical education students who

-- (i) Attain challenging career and technical skill proficiencies, including student achievement on technical assessments that are aligned with industry

- recognized standards; (ii) Attain an industry

- recognized credentia l, a certificate, or a degree; (iii) Are retained in postsecondary education or transfer to a baccalaureate degree program; (iv) Are placed in

-- (1) Military

service; or (2) Apprenticeship programs; and (v) Are placed or have been retai ned in emplo yment, including in high

- skill, high

- wage, or high

- demand occupations or professions. (c) At the adult education level: An increase in the percentage of participating adult career and technical education students who

-- (i) Enroll in a p ostsecondary education or training program; (ii) Attain career and technical education skill proficiencies aligned with industry

- recognized standards;(iii) Receive industry

- recognized credentials or certificates; and

(iv) Are placed in a job, upgraded in a job, or retain employ ment. Note: All grantees will be expected to submit an annual performance report addressing these performance measures, to the extent feasible and to the extent that they

appl y to each grantee's NACTEP project. **Evaluation Requirements** To ensure the high quality of NACTEP projects and the achievement of the goals and purposes of section 116(e) of the Act, each grantee must budget for and conduct an ongoing evaluation of the effectiveness of its program. An in dependent evaluator must conduct the evaluation. The evaluation must

-- (a) Be appropriate for the project and be both formative and summative in nature; (b) Include

-- (i) The performance measures for NACTEP that are identified in the Performan ce Measures section of this notice; (ii) Qualitative and quantitative data with respect to

- (1) Academic and career and technical competencies demonstrated b y the participants and the number and kinds of academic and work credentials acquired b y individuals, including participation in programs providing skill proficiency assessments, industry

certifications, or training at the associate degree level that is articulated with an advanced degree option; (2) Enrollment, completion, and placement of participants by gender for each occupation for which training was provided; (3) Job or work skill attainment or enhancement, including participation in apprenticeship and work

- based learning programs, and student progress in achieving technical skil l proficiencies necessary to obtain employ

ment in the field for which the student has been prepared, including attainment or enhancement of technical skills in the industry the student is preparing to enter; (4) Activities during the formative stages o f the project to help guide and improve the project, as well as a summative evaluation that includes recommendations for disseminating information on project activities and results; (5) The number and percentage of students that obtained industry

- recog nized credentials, certificates, or degrees; (6) The outcomes of students' technical assessments, by t ype and scores, if available; and (7) The rates of attainment of a proficiency credential or certificate, in conjunction with a secondary school d iploma; (c) Measure the effectiveness of the project, including a comparison between the intended and observed results, and a demonstration of a clear link between the observed results and the specific treatment given to project participants; (d) M easure the extent to which information about or resulting from the project was disseminated at other sites, such as through the grantee's development and use of guides or manuals that provide step

- by

- step directions for practitioners to follow when initiat ing similar efforts; and (e) Measure the long

- term impact of the project, e.g., follow

- up data on students' emplo ym ent, sustained employ

ment, promotions, and further/continuing education or training, or the impactthe project had on tribal economic dev elopment or career and technical education activities

offered b y tribes.
**Continuation Awards** : In making a continuation award, the Secretary may consider, under 34 CFR 75.253, the extent to which a grantee has made “substantial progress toward meeting the objectives in its approved application.” This consideration includes the review of a grantee’s progress in meeting the targets and projected outcomes in its ap proved application, and whether the grantee has expended funds in a manner that is consistent with its approved application and budget. In making a continuation grant, the Secretary also considers whether the grantee is operating in compliance with the as surances in its approved application, including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department (34 CFR 100.4, 104.5, 106.4,108.8 and 110.23).
**ADDITIONAL FACTORS** After evaluating application s according to the selection criteria in the notice, the Secretary may select other than the most highl y rated applications for funding if doing so would

- - (a) Permit the funding of more cost

- effective projects ; (b) Prevent the duplication of an effort alread y being made; (c) Create a more equitable distribution of funds under this competition among Indian tribes, tribal organizations, Alaska Native entities, or eligible Bureau

- funded schools; (d) Prevent the funding of an applicant who performed poorly under a previous award under this program, especially one who failed to accomplish the project objectives; or (e) Permit the funding of a variet y of approaches for carrying out the activities under the NACTEP

. **INDIAN SELF DETERM INATION CONTRACTS**  Section 116(b)(2) of the Act provides that grants or contracts awarded under section 116 are subject to the terms and conditions of section 102 of the Indian Self

- Determination Act (I SDA)(25 U.S.C. 450f) and shall be conducted in accorda nce with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934, which are relevant to the programs administered under section 116(b). Section 102 of the I SDA authorizes I ndian tribes to request self

- determination contracts. Accordingl y, an I n dian tribe or tribal organization that has applied to the Secretary for financial assistance under the NACTEP and has been notified of its selection to be a recipient of financial assistance may

submit a request to operate its NACTEP project through a sect ion 102 Indian self

- determination contract. In accordance with section 102(a) of the I SDA, any tribe or tribal organization requesting to operate its project under an Indian self

- determination contract must do so by tribal resolution. After successful app licants are selected under the competition announced in this notice, the Secretary will review any

such requests pursuant to the I SDA. If a request for an Indian self

determination contract is approved, the Indian tribe or tribal organization submitting th e request will be required, to the extent possible, to operate its project in accordance with the terms of the ISDA, as well as in accordance with the relevant provisions of the NACTEP statute and theprogram requirements established in this notice. As wit h grants, self

- determination contracts under the NACTEP are limited to a 24

- month period and subject to the availability of funds. The career and technical education programs, services, and activities provided through an Indian self

determination contract would have to be essentially the same as were proposed in the initial application and approved by the Department. Any

tribe or tribal organization that is successful under the competition announced in this notice and is selected to receive funding, but who se request for an Indian self

- determination contract is denied, may appeal the denial to the Secretary . If you have questions about I SDA self

- determination contracts, please contact the staff listed in the FOR FURTHER INFORMATION CONTACT section of this no tice.

**Definitions** The Act of April 16, 1934 means the Federal law commonly known as the ”Johnson

- O’Malley Act” that authorizes the Secretary of the Interior to enter into contracts for the education of Indians and other purposes. (25 U.S.C. 455

– 457) Acute economic need means an income that is at or below the national poverty level according to the latest available data from the U.S. Department of Commerce or the U.S. Department of Health and Human Services Povert y Guidelines. Alaska Native or Native m eans a citizen of the United States who is a person of one

- fourth degree or more Alaska Indian (including Tsimshian I ndians not enrolled in the Metlakta Indian Community ) Eskimo, or Aleut blood, or a combination thereof. The term includes

— (a) An y Native, as so defined, either or both of whose adoptive parents are not Natives; and (b) In the absence of proof of a minimum blood quantum, any citizen of the United States who is regarded as an Alaska Native by the Native village or Native group of which he or she claims to be a member and whose father or mother is (or, if deceased, was) regarded as Native b y an y village or group. An y decision of the Secretary of the I nterior regarding eligibility for enrollment will be final. (20 U.S.C. 2326(a)(1); 43 U.S.C. 1602(b)) Alaska Native entity means an entity such as an Alaska Native village, group, or regional or village corporation. Alaska Native group means any tribe, band, clan, village, community , or village association of Natives in Alaska composed of less tha n twenty

- five Natives, who comprise a majority of the residents of the locality . (43 U.S.C. 1602(d)) Alaska Native village means any tribe, band, clan, group, village, community , or association in Alaska

— (a) Listed in sections 1610 and 1615 of the Alaska Native Claims Settlement Act; or (b) That meets the requirements of chapter 33 of the Alaska Native Claims Settlement Act; and (c) That the Secretary

of the I nterior determines was, on the 1970 census enumeration date (as shown by the census or other evide nce satisfactory to the Secretary of the Interior, who shall make findings of fact in each instance), composed of twent y - five or more Natives. (43 U.S.C. 1602(c)) Alaska regional corporation means an Alaska Native regional corporation established under the laws of the Stateof Alaska in accordance with the provisions of chapter 33 of the Alaska Native Claims

Settlement Act. (43 U.S.C. 1602(g)) Alaska village corporation means an Alaska Native Village Corporation organized under the laws of the State of Alas ka as a business for profit or nonprofit corporation to hold, invest, manage and/or distribute lands, propert y, funds, and other rights and assets for and on behalf of an Alaska Native village, in accordance with the terms of chapter 33 of the Alaska Nativ e Claims Settlement Act. (43 U.S.C. 1602(j)) Bureau means the Bureau of Indian Affairs of the U.S. Department of the Interior. (25 U.S.C. 2021(2)) Bureau

- funded school means

— (a) A Bureau

- operated elementary or secondary

day or boarding school or Bureau

- o perated dormitory for students attending a school other than a Bureau school. (25 U.S.C. 2021(3) and (4)); (b) An elementary

school, secondary

school, or dormitory , that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section 102, 103(a), or 208 of ISDEA (25 U.S.C. 450f, 450h(a), or 458d) or under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504 et seq. ). (25 U.S.C. 2021(3) and (5)); or (c) A school for which assistance is provided under the Triball y Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq. ). (25 U.S.C. 2021) Career and technical education means organized educational activities that

— (a) Offer a sequence of courses that

— (1 ) Provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions; (2) Provides technica l skills proficiency , an industry

- recognized credential, a certificate, or an associate degree; and (3) May include prerequisite courses (other than remedial courses) that meet the requirements of this definition; and (b) Include competency

- based applied learning that contributes to the academic knowledge, higher

- order reasoning and problem

- solving skills, work attitudes, general employ abilit y skills, technical skills, and occupation specific skills, and knowledge of all aspects of an industry , including e ntrepreneurship, of the individual. (20 U.S.C. 2302(5)) Coherent sequence of courses means a series of courses in which career and academic education is integrated, and that directly relates to, and leads to, both academic and occupational competencies. T he term includes competency

- based education and academic education, and adult training or retraining, including sequential units encompassed within a single adult retraining course, that otherwise meet the requirements of this definition. Direct assistance to students means tuition, dependent care, transportation, books, and supplies that are necessary

for a student to participate in a project funded under this program. High

- need children and high

- need students means children and students at risk of educati onal failure, such as children and students who are living in poverty , who are English learners, who are far below grade level or who are not on track to becoming college

- or career - read y b y graduation, who have left school or college before receiving, resp ectivel y, a regular high school diploma or a college degree or certificate, who are at risk of not graduating with a diploma ontime, who are homeless, who are in foster care, who are pregnant or parenting teenagers, who

have been incarcerated, who are new immigrants, who are migrant, or who have disabilities. Indian means a person who is a member of an Indian tribe. (20 U.S.C. 2326(a)(3); 25 U.S.C. 450b(d)) Indian tribe means an y Indian tribe, band, nation, or other organized group or community , including an y Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq. ),that is recognized as eligible for the special programs and services provided b y the Unit ed States to I ndians because of their status as Indians. (20 U.S.C. 2326(a)(3); 25 U.S.C. 450b(e)) Institution of higher education means (a) An educational institution in any State that

— (1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (2) Is legall y authorized within such State to provide a program of education beyond secondary education; (3) Provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2

- year program that is acceptable for full credit toward such a degree; (4) Is a public or other nonprofit institution; and (5) Is accredited b y a nationally recognized accredi ting agency or association or, if not so accredited, is an institution that has been granted pre

- accreditation status by such an agency

or association that has been recognized b y the Secretary of the Education for the granting of pre

accreditation status, and the Secretary of Education has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. (b) The term also includes

— (1) An y school that provid es not less than a 1

- ye ar program of training to prepare students for gainful employ ment in a recognized occupation and that meets the provisions of paragraphs (a)(1), (2), (4) and (5) of this definition. (2) A public or nonprofit private educational institution in any State that, in lieu of the requirement in paragraph (a)(1) of this definition, admits as regular students persons who are bey ond the age of compulsory

school attendance in the State in which the institution is located. (20 U.S.C. 1001 an d 2302(18)) Special populations means

— (a) Individuals with disabilities; (b) Individuals from economically disadvantaged families, including foster children; (c) Individuals preparing for nontraditional training fields; (d) Single parents, including sing le pregnant women; (e) Displaced homemakers; and (f) Individuals with limited English proficiency . (20 U.S.C. 2302(29)) Stipend means a subsistence allowance for a student that is necessary for the student to participate in a project funded under this prog ram.Support services means services related to curriculum modification, equipment modification,

classroom modification, supportive personnel, and instructional aids and devices. (20 U.S.C. 2302(31)) Tribal organization means the recognized governing bod y of any Indian tribe; an y legally established organization of Indians that is controlled, sanctioned, or chartered b y such governing bod y or that is democraticall y elected b y the adult members of the Indian community

to be served b y the organization and tha t includes the maximum participation of Indians in all phases of its activities, provided that, in an y case where a contract is let or grant made to an organization to perform services benefiting more than one I ndian tribe, the approval of each such Indian tribe shall be a prerequisite to the letting or making of such contract or grant. (20 U.S.C. 2326(a)(3); 25 U.S.C. 450b(l)) Tribally Controlled College or University means an institution of higher education that is formally controlled, or has been formally sanctioned or chartered, by the governing body

of an Indian tribe or tribes, except that no more than one such institution will be recognized with respect to an y such tribe. (20 U.S.C. 2302(33) and 25 U.S.C. 1801(a)(4))
**Section B Legal and Regul**  **atory Documents Application Notice** 

**Program Statute**
SEC. 116. NOTE: 20 USC 2326. NATIVE AMERI CAN PROGRAMS. (a) Definitions.

-- In this section: (1) Alaska native.

-- The term `Alaska Native' means a N ative as such term is defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (2) Bureau

- funded school.

-- The term `Bureau

- funded school' has the meaning given the term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021). ( 3) Indian, Indian tribe, and tribal organization.

-- The terms `Indian', `Indian tribe', and `tribal organization' have the meanings given the terms in section 4 of the Indian Self

Determination and Education Assistance Act (25 U.S.C. 450b). (4) Native Hawaiian.

-- The term `Native Hawaiian' means an y individual an y of whose ancestors were natives, prior to 1778, of the area which now comprises the State of Hawaii. (5) Native Hawaiian organization.

-- The term `Native Hawaiian orga nization' has the meaning given the term in section 7207 of the Native Hawaiian Education Act (20 U.S.C.7517). (b) Program Authorized.

-- (1) Authorit y. -- From Grants. Contracts. funds reserved under section 111(a)(1)(B)(i), the Secretary shall make grants to or enter into contracts with I ndian tribes, tribal organizations, and Alaska Native entities to carry out the authorized programs described in subsection (c), exceptthat such grants or contracts shall not be awarded to secondary schoo l programs in Bureau

funded schools. (2) Indian tribes and tribal organizations.

-- The grants or contracts described in this section that are awarded to any I ndian tribe or tribal organization shall be subject to the terms and conditi ons of section 102 of the Indian Self

- Determination Act (25 U.S.C. 450f) and shall be conducted in accordance with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934 (25 U.S.C. 455

- 457), which are relevant to the programs administered unde r this subsection. (3) Special authority

relating to secondary

schools operated or supported by the bureau of Indian affairs.

-- An Indian tribe, a tribal organization, or an Alaska Native entity , that receives funds through a grant made or co ntract entered into under paragraph (1) may use the funds to provide assistance to a secondary school operated or supported by the Bureau of Indian Affairs to enable such school to carry out career and technical education programs. (4) Matc hing.

-- If sufficient funding is available, the Bureau of Indian Affairs shall expend an amount equal to the amount made available under this subsection, relating to programs for Indians, to pay a part of the costs of programs funded under this subsection. During each fiscal ye ar the Bureau of Indian Affairs shall expend not less than the amount expended during the prior fiscal ye ar on career and technical education programs, services, and technical activities administered directl y b y, or under contract with , the Bureau of In dian Affairs, except that in no y ear shall funding for such programs, services, and activities be provided from accounts and prog rams that support other Indian education programs. The Secretary

and the Assistant Secretary of the In terior for Indian Affairs shall prepare jointly a plan for the expenditure of funds made available and for the evaluation of programs assisted under this subsection. Upon the completion of a joint plan for the expenditure of the funds and the evaluation of the programs, the Secretary shall assume responsibility for the administration of the program, with the assistance and consultation of the Bureau of Indian Af fairs. (5) Regulations.

-- If the Secretary promulgates any

regulations app licable to paragraph (2), the Secretary

shall

-- (A) confer with, and allow for active participation by , representatives of Indian tribes, tribal organizations, and individual tribal members; and

(B) promulgate the regulati ons under subchapter III of chapter 5 of title 5, United States Code, commonly

known as the `Negotiated Rulemaking Act of 1990'. (6) Application.

-- An y Indian tribe, tribal organization, or Bureau

- funded school eligible to receive assistance under this subsection may apply individually

or as part of a consortium with another such Indian tribe, tribal organization, or Bureau

- funded school. (c) Authorized Activities.

-- (1) Authorized programs.

-- Funds made available under this sec tion shall be used to carr y out career and technical education programs consistent with the purpose of this Act. (2) Stipends.

-- (A) In general.

-- Funds received pursuant to grants or contracts awarded under subsection (b) ma y be used to provide stipends to students who are enrolled in career and technical education programs and who have acute economic needs which cannot be met through work

- study

programs.(B) Amount.

-- Stipends described in subparagraph (A) shall not exceed reasonable

amounts as prescribed b y the Secretary

. (d) Grant or Contract Application.

-- In order to receive a grant or co ntract under this section, an organization, tribe, or entity described in subsection (b) shall submit an application to the Secretary that shall include an assurance that such organization, tribe, or entity shall comply

with the requirements of this section. (e) Restrictions and Special Considerations.

-- The Secretary may not place upon grants awarded or contracts ent ered into under subsection (b) an y restrictions relating to programs other than restrictions that appl y to grants made to or contracts entered into with States pursuant to allotments under section 111(a). The Secretary , in awarding grants and entering int o contracts under this section, shall ensure that the grants and contracts will improve career and technical education programs, and shall give special consideration to

-- (1) programs that involve, coordinate with, or encourage tribal econom ic development plans; and (2) applications from tribally controlled colleges or universities that

-- (A) are accredited or are candidates for accreditation by a nationally

recognized accreditation organization as an instituti on of postsecondary career and technical education; or

(B) operate career and technical education programs that are accredited or are candidates for accreditation by a nationally

recognized accreditation organization, and issue certifica tes for completion of career and technical education programs. (f) Consolidation of Funds.

-- Each organization, tribe, or entity r eceiving assistance under this section may

consolidate such assistance with assistance received from related programs in accordance with the provisions of the I ndian Employ ment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et se q.). (g) Nonduplicative and Nonexclusive Services.

-- Nothing in this section shall be construed

-- (1) to limit the eligibility

of an y organization, tribe, or entity described in subsection (b) to participate in an y activity offered b y an e ligible agency or eligible recipient under this title; or (2) to preclude or discourage an y agreement, between an y organization, tribe, or entity described in subsection (b) and an y eligible agency or eligible recipient, to facilitate the provision of services b y s uch eligible agency or eligible recipient to the population served by such eligible agency

or eligible recipient.
**Public Burden Statement:** According to the Paperwork Reduction Act of 1995, no persons are required to respo nd to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 120 hours per response, including time for reviewing instructions, searching e xisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this collection is required to obtain or retain benefit ( The Carl D. Perkins Career and Technical Edu cation Improvement Act of 2006 (Act) (PL10

- 0270) . Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Education, 400 Maryland Ave., SW, Washington, DC 20210

- 4537 or email ICDocketMgr@ed.gov and reference the OMB Control Number 1830

- 0542 . Note: Please do not return the completed NACTEP application to this address.

**Instructions Documents**