20 U.S.C. § 7514 (EDUCATION)
§ 7514. Native Hawaiian Education Council
(a) Grant authorized
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 that receive funding under this part, the Secretary shall award a grant to the education council described under subsection (b).
(b) Education Council
(1) Eligibility
To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the “Education Council”) that meets the requirements of this subsection.
(2) Composition
The Education Council shall consist of 15 members, of whom—
(A) 1 shall be the President of the University of Hawaii (or a designee);
(B) 1 shall be the Governor of the State of Hawaii (or a designee);
(C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee);
(D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee);
(E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee);
(F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee);
(G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee);
(H) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who represent one or more private grant-making entities that is submitted to the Secretary by the Education Council;
(I) 1 shall be the Mayor of the County of Hawaii (or a designee);
(J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui);
(K) 1 shall be the Mayor of the County of Kauai (or a designee);
(L) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who are from the Island of Molokai or the Island of Lanai that is submitted to the Secretary by the Mayor of Maui County;
(M) 1 shall be the Mayor of the City and County of Honolulu (or a designee);
(N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and
(O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector).
(3) Requirements
Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration.
(4) Limitation
A member (including a designee), while serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under this part.
(5) Term of members
A member who is a designee shall serve for a term of not more than 4 years.
(6) Chair; Vice Chair
(A) Selection
The Education Council shall select a Chairperson and a Vice Chairperson from among the members of the Education Council.
(B) Term limits
The Chairperson and Vice Chairperson shall each serve for a 2-year term.
(7) Administrative provisions relating to Education Council
The Education Council shall meet at the call of the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days.
(8) No compensation
None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section.
(c) Use of funds for coordination activities
The Education Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities:
(1) Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part.
(2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education.
(3) Providing 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 serving, where appropriate, in an advisory capacity.
(4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3).
(5) Hiring an executive director, who shall assist in executing the duties and powers of the Education Council, as described in subsection (d).
(d) Use of funds for technical assistance
The Education Council shall use funds made available through a grant under subsection (a) to—
(1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part;
(2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about—
(A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and
(B) the effectiveness of such grantees in carrying out any of the activities described in paragraph (3) of section 7515(a) of this title that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these goals and purposes;
(3) assess and define the educational needs of Native Hawaiians;
(4) assess the programs and services available to address the educational needs of Native Hawaiians;
(5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and
(6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains—
(A) a description of the activities of the Education Council during the calendar year;
(B) a description of significant barriers to achieving the goals of this part;
(C) a summary of each community consultation session described in subsection (e); and
(D) recommendations to establish priorities for funding under this part, based on an assessment of—
(i) the educational needs of Native Hawaiians;
(ii) programs and services available to address such needs;
(iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State academic standards under section 6311(b)(1) of this title; and
(iv) priorities for funding in specific geographic communities.
(e) Use of funds for community consultations
The Education Council shall use funds made available through the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which—
(1) not fewer than 3 members of the Education Council shall be in attendance;
(2) the Education Council shall gather community input regarding—
(A) current grantees under this part, as of the date of the consultation;
(B) priorities and needs of Native Hawaiians; and
(C) other Native Hawaiian education issues; and
(3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part.
(f) Funding
For each fiscal year, the Secretary shall use the amount described in section 7515(c)(2) of this title, to make a payment under the grant. Funds made available through the grant shall remain available until expended.
(Pub. L. 89–10, title VI, § 6204, formerly title VII, § 7204, as added Pub. L. 107–110, title VII, § 701, Jan. 8, 2002, 115 Stat. 1937; renumbered title VI, § 6204, and amended Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6003(b), Dec. 10, 2015, 129 Stat. 2046, 2063.)
heading: Editorial Notes
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 former subchapter VII of this chapter by Pub. L. 107–110.
heading: Amendments
text: 2015—Pub. L. 114–95, § 6003(b), amended section generally. Prior to amendment, section related to establishment of Native Hawaiian Education Council and individual island councils.
heading: Statutory Notes and Related Subsidiaries
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.