20 U.S.C. § 7514 (EDUCATION)
§ 7514. Native Hawaiian Education Council and island councils
(a) Establishment of Native Hawaiian Education Council
In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs receiving funding under this part, the Secretary is authorized to establish a Native Hawaiian Education Council (hereafter in this part referred to as the “Education Council”).
(b) Composition of Education Council
The Education Council shall consist of not more than 21 members, unless otherwise determined by a majority of the council.
(c) Conditions and terms
(1) Conditions
At least 10 members of the Education Council shall be Native Hawaiian education service providers and 10 members of the Education Council shall be Native Hawaiians or Native Hawaiian education consumers. In addition, a representative of the State of Hawaii Office of Hawaiian Affairs shall serve as a member of the Education Council.
(2) Appointments
The members of the Education Council shall be appointed by the Secretary based on recommendations received from the Native Hawaiian community.
(3) Terms
Members of the Education Council shall serve for staggered terms of 3 years, except as provided in paragraph (4).
(4) Council determinations
Additional conditions and terms relating to membership on the Education Council, including term lengths and term renewals, shall be determined by a majority of the Education Council.
(d) Native Hawaiian Education Council grant
The Secretary shall make a direct grant to the Education Council to carry out the following activities:
(1) Coordinate the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part.
(2) Assess the extent to which such services and programs meet the needs of Native Hawaiians, and collect data on the status of Native Hawaiian education.
(3) Provide direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serve, where appropriate, in an advisory capacity.
(4) Make direct grants, if such grants enable the Education Council to carry out the duties of the Education Council, as described in paragraphs (1) through (3).
(e) Additional duties of the Education Council
(1) In general
The Education Council shall provide copies of any reports and recommendations issued by the Education Council, including any information that the Education Council provides to the Secretary pursuant to subsection (i) of this section, to the Secretary, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Indian Affairs of the Senate.
(2) Annual report
The Education Council shall prepare and submit to the Secretary an annual report on the Education Council’s activities.
(3) Island council support and assistance
The Education Council shall provide such administrative support and financial assistance to the island councils established pursuant to subsection (f) of this section as the Secretary determines to be appropriate, in a manner that supports the distinct needs of each island council.
(f) Establishment of island councils
(1) In general
In order to better effectuate the purposes of this part and to ensure the adequate representation of island and community interests within the Education Council, the Secretary is authorized to facilitate the establishment of Native Hawaiian education island councils (hereafter in this part referred to as an “island council”) for the following islands:
(A) Hawaii.
(B) Maui.
(C) Molokai.
(D) Lanai.
(E) Oahu.
(F) Kauai.
(G) Niihau.
(2) Composition of island councils
Each island council shall consist of parents, students, and other community members who have an interest in the education of Native Hawaiians, and shall be representative of individuals concerned with the educational needs of all age groups, from children in preschool through adults. At least three-fourths of the members of each island council shall be Native Hawaiians.
(g) Administrative provisions relating to Education Council and island councils
The Education Council and each island council shall meet at the call of the chairperson of the appropriate council, or upon the request of the majority of the members of the appropriate council, but in any event not less often than four times during each calendar year. The provisions of the Federal Advisory Committee Act shall not apply to the Education Council and each island council.
(h) Compensation
Members of the Education Council and each island council shall not receive any compensation for service on the Education Council and each island council, respectively.
(i) Report
Not later than 4 years after January 8, 2002, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Indian Affairs of the Senate a report that summarizes the annual reports of the Education Council, describes the allocation and use of funds under this part, and contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part.
(Pub. L. 89–10, title VII, § 7204, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1937.)
heading: References in Text
text: The Federal Advisory Committee Act, referred to in subsec. (g), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.
heading: Prior Provisions
text: A prior section 7514, Pub. L. 89–10, title VII, § 7204, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3738, related to applications for grants, prior to the general amendment of this subchapter by Pub. L. 107–110. See section 7259b of this title.