§ 3423c. — Office of Indian Education.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3423c]
TITLE 20--EDUCATION
CHAPTER 48--DEPARTMENT OF EDUCATION
SUBCHAPTER II--ESTABLISHMENT OF THE DEPARTMENT
Sec. 3423c. Office of Indian Education
(a) Office of Indian Education
There shall be an Office of Indian Education (referred to in this
section as ``the Office'') in the Department of Education.
(b) Director
(1) Appointment and reporting
The Office shall be under the direction of the Director, who
shall be appointed by the Secretary and who shall report directly to
the Assistant Secretary for Elementary and Secondary Education.
(2) Duties
The Director shall--
(A) be responsible for administering this title; \1\
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\1\ See References in Text note below.
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(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and adults
under programs administered by the Office of Elementary and
Secondary Education;
(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons; and
(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.
(c) Indian preference in employment
(1) In general
The Secretary shall give a preference to Indian persons in all
personnel actions in the Office.
(2) Implementation
Such preference shall be implemented in the same fashion as the
preference given to any veteran under section 45 of title 25.
(Pub. L. 96-88, title II, Sec. 215, as added Pub. L. 103-382, title III,
Sec. 372(2), Oct. 20, 1994, 108 Stat. 3977.)
References in Text
This title, referred to in subsec. (b)(2)(A), is title II of Pub. L.
96-88, Oct. 17, 1979, 93 Stat. 671, which is classified to this
subchapter, but probably should have been a reference to part A of title
IX of the Elementary and Secondary Education Act of 1965. Part A of
title IX of that Act was classified generally to part A (Sec. 7801 et
seq.) of subchapter IX of chapter 70 of this title, prior to general
amendment by Pub. L. 107-110, title IX, Sec. 901, Jan. 8, 2002, 115
Stat. 1956. Provisions similar to those formerly appearing in part A of
title IX are contained in part A of title VII of that Act, which is
classified generally to part A (Sec. 7401 et seq.) of subchapter VII of
chapter 70 of this title. For complete classification of the Elementary
and Secondary Education Act of 1965 to the Code, see Short Title note
set out under section 6301 of this title and Tables.
Prior Provisions
A prior section 215 of Pub. L. 96-88 was renumbered section 217 and
is classified to section 3424 of this title.
Provisions similar to those in this section were contained in
section 2641 of Title 25, Indians, prior to repeal by Pub. L. 103-382,
Sec. 367.
Office of Educational Research and Improvement
The Office of Educational Research and Improvement was established
by section 3419 of this title. Section 3419 was repealed and a new
section 3419 establishing the Institute of Educational Sciences was
enacted by Pub. L. 107-279, title IV, Sec. 402(2), Nov. 5, 2002, 116
Stat. 1985.
