§7517. Definitions — Inbound Citations
20 U.S.C. § 7517
Cited by 82 provisions in release 119-102.
Citations to 20 U.S.C. § 7517 as a whole
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(2) The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
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(4) The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
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(3) Indian tribes (as defined in section 5304 of title 25) and Native Hawaiians (as defined in section 7517 of title 20).
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(C) a Native Hawaiian organization, as that term is defined in section 7517 of title 20;
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(E) A Native Hawaiian organization (as defined in section 7517 of title 20).
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(3) the term “Native Hawaiian” has the meaning given the term in section 7517 of this title; and
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(B) Native Hawaiians, as defined in section 7517 of this title; and
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(4) The term “Native Hawaiian” has the meaning given the term in section 7517 of this title.
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(4) The term “Native Hawaiian organization” has the meaning given the term in section 7517 of this title.
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From amounts reserved under section 9131(a)(1)(A) of this title for any fiscal year the Director shall award grants to Indian tribes and to organizations that primarily serve and represent Native Hawaiians (as the term is defined in section 7517 of this title) to enable such tribes and organizations to carry out the activities described in section 9141 of this title.
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(d) From amounts appropriated under section 9176 of this title, the Director shall reserve 2.25 percent to award grants to, or enter into contracts or cooperative agreements with, Indian tribes and organizations that primarily serve and represent Native Hawaiians (as defined in section 7517 of this title), to enable such tribes and organizations to carry out the activities described in subsection (a).
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(3) The term “Native Hawaiian” has the meaning given to such term by section 7517 of title 20.
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(3) The terms “Native Hawaiian” and “Native Hawaiian organization” have the meanings given such terms in section 7517 of title 20.
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(3) The term “Native Hawaiian educational organization” has the meaning given such term in section 7517 of title 20.
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(II) sponsored by an Indian Tribe (as defined in section 5304 of title 25), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 7517 of title 20), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and
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(3) the term “Native Hawaiian” has the meaning given the term in section 7517 of title 20;
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(iv) a Native Hawaiian organization (as defined in section 7517 of title 20);
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(dd) Native Americans, including Indians, as the term is defined in section 5304 of title 25 (including Alaska Natives within the meaning of that term), and Native Hawaiians (as defined in section 7517 of title 20).
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(6) The term “Native Hawaiian” has the meaning given the term in section 7517 of title 20.
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(4) In order to enable privately funded organizations to continue to supplement public efforts to provide educational programs designed to improve the health, capability, and well-being of Native Hawaiians and to continue to provide health services to Native Hawaiians, notwithstanding any other provision of Federal or State law, it shall be lawful for the private educational organization identified in section 7512(16) of title 20 (as such section was in effect on the day before December 10, 2015) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7517 of title 20) first and to others only after the need for such programs and services by Native Hawaiians has been met.
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(8) The term “Native Hawaiian community-based organization” has the meaning given the term in section 7517 of title 20.
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(9) The term “Native Hawaiian community-based organization” has the meaning given the term in section 7517 of title 20.
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(4) The term “Native Hawaiian organization” has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517) except the term includes the Department of Hawaiian Home Lands and the Office of Hawaiian Affairs.
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(C) a Native Hawaiian organization (as defined in section 7517 of title 20;
Citations to §7517(1)
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(C) a summary of each community consultation session described in subsection (e); and
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(e) 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.
Citations to §7517(2)
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(B) in the case of a State educational agency choosing, at its sole discretion, to disaggregate data described in clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population, assist such State educational agency in such disaggregation and in using such data to improve academic outcomes for such students.
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(4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;
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(3) A Native Hawaiian or Native American Pacific Islander native language educational organization.
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This part may be cited as the “Native Hawaiian Education Act”.
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(1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, Britain, France, and Japan, as evidenced by treaties governing friendship, commerce, and navigation.
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(2) At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient subsistence social system based on a communal land tenure system with a sophisticated language, culture, and religion.
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(5) In 1893, the sovereign, independent, internationally recognized, and indigenous government of Hawaii, the Kingdom of Hawaii, was overthrown by a small group of non-Hawaiians, including United States citizens, who were assisted in their efforts by the United States Minister, a United States naval representative, and armed naval forces of the United States. Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawaii, in 1993 the United States apologized to Native Hawaiians for the overthrow and the deprivation of the rights of Native Hawaiians to self-determination through Public Law 103–150 (107 Stat. 1510).
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(7) By 1919, the Native Hawaiian population had declined from an estimated 1,000,000 in 1778 to an alarming 22,600, and in recognition of this severe decline, Congress enacted the Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which designated approximately 200,000 acres of ceded public lands for homesteading by Native Hawaiians.
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(8) Through the enactment of the Hawaiian Homes Commission Act, 1920, Congress affirmed the special relationship between the United States and the Native Hawaiians, which was described by then Secretary of the Interior Franklin K. Lane, who said: “One thing that impressed me . . . was the fact that the natives of the island who are our wards, I should say, and for whom in a sense we are trustees, are falling off rapidly in numbers and many of them are in poverty.”.
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(9) In 1938, Congress again acknowledged the unique status of the Hawaiian people by including in the Act of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b, 392c, 396, 396a), a provision to lease lands within the National Parks extension to Native Hawaiians and to permit fishing in the area “only by native Hawaiian residents of said area or of adjacent villages and by visitors under their guidance.”.
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(11) In 1959, under the Act entitled “An Act to provide for the admission of the State of Hawaii into the Union”, the United States also ceded to the State of Hawaii title to the public lands formerly held by the United States, but mandated that such lands be held by the State “in public trust” and reaffirmed the special relationship that existed between the United States and the Hawaiian people by retaining the legal responsibility to enforce the public trust responsibility of the State of Hawaii for the betterment of the conditions of Native Hawaiians, as defined in section 201(a) of the Hawaiian Homes Commission Act, 1920.
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(A) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has never relinquished its claims to sovereignty or its sovereign lands;
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(B) Congress does not extend services to Native Hawaiians because of their race, but because of their unique status as the indigenous people of a once sovereign nation as to whom the United States has established a trust relationship;
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(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; and
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(13) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in—(A) the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.);(B) the American Indian Religious Freedom Act (42 U.S.C. 1996[, 1996a]);(C) the National Museum of the American Indian Act (20 U.S.C. 80q et seq.);(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);(E) division A of subtitle III of title 54;(F) the Native American Languages Act (25 U.S.C. 2901 et seq.);(G) the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.);(H) the Workforce Innovation and Opportunity Act; and(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).
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(G) the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.);
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(1) authorize and develop innovative educational programs to assist Native Hawaiians;
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(2) provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on Native Hawaiian education, and to provide periodic assessment and data collection;
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(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs.
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(a) 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).
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(3) 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.
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(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.
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(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.
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(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.
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(3) assess and define the educational needs of Native Hawaiians;
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(4) assess the programs and services available to address the educational needs of Native Hawaiians;
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(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
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(i) the educational needs of Native Hawaiians;
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(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
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(B) priorities and needs of Native Hawaiians; and
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(C) other Native Hawaiian education issues; and
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(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language;
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(C) needs in fields or disciplines in which Native Hawaiians are underemployed; and
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(A) the development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children from the prenatal period of the children through age 5;
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(i) programs for Native Hawaiian parents and their infants from the prenatal period of the infants through age 3;
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(ii) preschool programs for Native Hawaiians; and
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(iii) research on, and development and assessment of, family-based, early childhood, and preschool programs for Native Hawaiians;
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(C) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6;
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(D) activities to meet the special needs of Native Hawaiian students with disabilities, including—(i) the identification of such students and their needs;(ii) the provision of support services to the families of such students; and(iii) other activities consistent with the requirements of the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.];
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(E) activities that address the special needs of Native Hawaiian students who are gifted and talented, including—(i) educational, psychological, and developmental activities designed to assist in the educational progress of those students; and(ii) activities that involve the parents of those students in a manner designed to assist in the educational progress of such students;
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(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children and adults, including curriculum materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture;
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(i) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions;
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(ii) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such students; and
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(iii) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers;
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(H) the operation of community-based learning centers that address the needs of Native Hawaiian students, parents, families, and communities through the coordination of public and private programs and services, including—(ii) before, after, and summer school programs, expanded learning time, or weekend academies;(iii) career and technical education programs; and(iv) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors;
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(iv) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors;
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(I) activities, including program co-location, to enable Native Hawaiians to enter and complete programs of postsecondary education, including—(i) family literacy services; and(ii) counseling, guidance, and support services for students;
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(J) research and data collection activities to determine the educational status and needs of Native Hawaiian children and adults;
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(L) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults.
Citations to §7517(3)
Citations to §7517(4)
Citations to §7517(5)
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(2) staffing the center with individuals with relevant expertise and experience, including staff who speak American Indian and Alaska Native languages and the Native Hawaiian language and have worked in language education in the American Indian and Alaska Native languages and the Native Hawaiian language in a preschool, elementary school, secondary school, adult education, or higher education program.
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(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language;
Citations to §7517(6)
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(iv) A Native Hawaiian organization.
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(1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part;
Citations to §7517(7)
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(D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee);