20 U.S.C. § 7442 (EDUCATION)
§ 7442. Professional development for teachers and education professionals
(a) Purposes
The purposes of this section are—
(1) to increase the number of qualified Indian teachers and administrators serving Indian students;
(2) to provide pre- and in-service training and support to qualified Indian individuals to enable such individuals to become effective teachers, principals, other school leaders, administrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel;
(3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2); and
(4) to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian students improve their academic achievement, outcomes, and preparation for postsecondary education or employment.
(b) Eligible entities
For the purpose of this section, the term “eligible entity” means—
(1) an institution of higher education, including a Tribal College or University, as defined in section 1059c(b) of this title;
(2) a State educational agency or local educational agency, in consortium with an institution of higher education;
(3) an Indian tribe or organization, in consortium with an institution of higher education; and
(4) a Bureau-funded school (as defined in section 2026 1 of title 25) in a consortium with at least one Tribal College or University, as defined in section 1059c(b) of this title, where feasible.
(c) Program authorized
The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable those entities to carry out the activities described in subsection (d) of this section.
(d) Authorized activities
(1) In general
Grant funds under this section shall be used for activities to provide support and training for Indian individuals in a manner consistent with the purpose of this section. Such activities may include—
(A) continuing education programs, symposia, workshops, and conferences;
(B) teacher mentoring programs, professional guidance, and instructional support provided by educators, local traditional leaders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers;
(C) direct financial support; and
(D) programs designed to train traditional leaders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and support.
(2) Special rules
(A) Type of training
For education personnel, the training received pursuant to a grant under this section may be inservice or preservice training.
(B) Program
For individuals who are being trained to enter any field other than teaching, the training received pursuant to a grant under this section shall be in a program that results in a graduate degree.
(e) Application
Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will—
(1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders;
(2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and
(3) assist participants in meeting the requirements under subsection (h).
(f) Special rule
In awarding grants under this section, the Secretary—
(1) may give priority to Tribal Colleges and Universities;
(2) shall consider the prior performance of the eligible entity; and
(3) may not limit eligibility to receive a grant under this section on the basis of the length of any period for which the eligible entity has received a grant.
(g) Grant period
The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objectives of the grant.
(h) Service obligation
(1) In general
The Secretary shall require, by regulation, that an individual who receives training pursuant to a grant made under this section—
(A) perform work—
(i) related to the training received under this section; and
(ii) that benefits Indian students in a local educational agency that serves a high proportion of Indian students; or
(B) repay all or a prorated part of the assistance received.
(2) Reporting
The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement under paragraph (1).
(Pub. L. 89–10, title VI, § 6122, formerly title VII, § 7122, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1922; renumbered title VI, § 6122, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6002(l), Dec. 10, 2015, 129 Stat. 2046, 2056.)
heading: References in Text
text: Section 2026 of title 25, referred to in subsec. (b)(4), was omitted in the general amendment of chapter 22 of Title 25, Indians, by Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2007. See section 2021 of Title 25.
heading: Prior Provisions
text: A prior section 6122 of Pub. L. 89–10 was renumbered section 5102 and is classified to section 7305a of this title.
heading: Amendments
text: 2015—Subsec. (a)(1). Pub. L. 114–95, § 6002(l)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “to increase the number of qualified Indian individuals in teaching or other education professions that serve Indian people;”.
Subsec. (a)(2). Pub. L. 114–95, § 6002(l)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “to provide training to qualified Indian individuals to enable such individuals to become teachers, administrators, teacher aides, social workers, and ancillary educational personnel; and”.
Subsec. (a)(4). Pub. L. 114–95, § 6002(l)(1)(C), (D), added par. (4).
Subsec. (b)(1). Pub. L. 114–95, § 6002(l)(2)(A), substituted “including a Tribal College or University, as defined in section 1059c(b) of this title” for “including an Indian institution of higher education”.
Subsec. (b)(4). Pub. L. 114–95, § 6002(l)(2)(B), inserted before period at end “in a consortium with at least one Tribal College or University, as defined in section 1059c(b) of this title, where feasible”.
Subsec. (d)(1). Pub. L. 114–95, § 6002(l)(3), substituted “purpose of this section.” for “purposes of this section.” and “Such activities may include—” and subpars. (A) to (D) for “Such activities may include continuing programs, symposia, workshops, conferences, and direct financial support, and may include programs designed to train tribal elders and seniors.”
Subsec. (e). Pub. L. 114–95, § 6002(l)(4), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require.”
Subsec. (f). Pub. L. 114–95, § 6002(l)(5), added par. (1), redesignated former pars. (1) and (2) as (2) and (3), respectively, and, in par. (3), substituted “basis of the length of any period for which the eligible entity has received a grant.” for “basis of—
“(A) the number of previous grants the Secretary has awarded such entity; or
“(B) the length of any period during which such entity received such grants.”
Subsec. (g). Pub. L. 114–95, § 6002(l)(6), added subsec. (g) and struck out former subsec. (g). Prior to amendment, text read as follows: “Each grant under this section shall be awarded for a period of not more than 5 years.”
Subsec. (h)(1)(A)(ii). Pub. L. 114–95, § 6002(l)(7), substituted “students in a local educational agency that serves a high proportion of Indian students” for “people”.
heading: Effective Date of 2015 Amendment
text: 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.