34 C.F.R. Subpart B—Demonstration Grants for Indian Children Program
Title 34 - Education
The following definitions apply to the Demonstration Grants for Indian Children program: Federally supported elementary or secondary school for Indian students means an elementary or secondary school that is operated or funded, through a contract or grant, by the Bureau of Indian Affairs. Indian means an individual who is— (1) A member of an Indian tribe or band, as membership is defined by the Indian tribe or band, including any tribe or band terminated since 1940, and any tribe or band recognized by the State in which the tribe or band resides; (2) A descendant of a parent or grandparent who meets the requirements described in paragraph (1) of this definition; (3) Considered by the Secretary of the Interior to be an Indian for any purpose; (4) An Eskimo, Aleut, or other Alaska Native; or (5) A member of an organized Indian group that received a grant under the Indian Education Act of 1988 as it was in effect October 19, 1994. Indian institution of higher education means an accredited college or university within the United States cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994, any other institution that qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978, and the Navajo Community College, authorized in the Navajo Community College Assistance Act of 1978. Indian organization means an organization that: (1) Is legally established: (i) By tribal or inter-tribal charter or in accordance with State or tribal law; and (ii) With appropriate constitution, by-laws, or articles of incorporation; (2) Has as its primary purpose the promotion of the education of Indians; (3) Is controlled by a governing board, the majority of which is Indian; (4) If located on an Indian reservation, operates with the sanction or by charter of the governing body of that reservation; (5) Is neither an organization or subdivision of, nor under the direct control of, any institution of higher education; and (6) Is not an agency of State or local government. Professional development activities means in-service training offered to enhance the skills and abilities of individuals that may be part of, but not exclusively, the activities provided in a Demonstration Grants for Indian Children program. (Authority: 20 U.S.C. 7441) (a) The Secretary awards a total of 5 competitive preference priority points to an application that presents a plan for combining two or more of the activities described in section 7121(c) of the Act over a period of more than one year. (b) The Secretary awards a total of 5 competitive preference priority points to an application submitted by an Indian tribe, Indian organization, or Indian institution of higher education that is eligible to participate in the Demonstration Grants for Indian Children program. A consortium of eligible entities that meets the requirements of 34 CFR 75.127 through 75.129 of EDGAR and includes an Indian tribe, Indian organization, or Indian institution of higher education will be considered eligible to receive the five (5) priority points. The consortium agreement, signed by all parties, must be submitted with the application in order to be considered as a consortium application. These competitive preference points are in addition to the 5 competitive preference points that may be given under paragraph (a) of this section. (c) The Secretary may give absolute preference reserving all or a portion of the funds available for new awards under the Demonstration Grants for Indian Children program, to only those applications that meet one or more of the following priorities selected for a fiscal year. The Secretary announces the absolute priority selected in the annual application notice published in the (1) School readiness projects that provide age appropriate educational programs and language skills to three- and four-year-old Indian students to prepare them for successful entry into school at the kindergarten school level. (2) Early childhood and kindergarten programs, including family-based preschool programs, emphasizing school readiness and parental skills. (3) College preparatory programs for secondary school students designed to increase competency and skills in challenging subject matters, including math and science, to enable Indian students to successfully transition to postsecondary education. (Authority: 20 U.S.C. 7441 and 7473)
Title 34: Education
PART 263—INDIAN EDUCATION DISCRETIONARY GRANT PROGRAMS
Subpart B—Demonstration Grants for Indian Children Program
§ 263.20 What definitions apply to the Demonstration Grants for Indian Children program?
§ 263.21 What priority is given to certain projects and applicants?
