---
kind: "section"
citation: "20 U.S.C. § 6822"
title: "20"
title_heading: "Education"
number: "6822"
heading: "Native American and Alaska Native children in school"
release: "119-102"
url: "https://uscodex.org/usc/20/6822"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter III — Language Instruction for English Learners and Immigrant Students"
  - "Part A — English Language Acquisition, Language Enhancement, and Academic Achievement Act"
  - "Subpart 1 — grants and subgrants for english language acquisition and language enhancement"
---

# §6822. Native American and Alaska Native children in school

- (a) **Eligible entities—** For the purpose of carrying out programs under this part for individuals served by [elementary schools](/usc/20/7801.md?p=19), [secondary schools](/usc/20/7801.md?p=45), and postsecondary schools operated predominately for [Native American](/usc/20/7011.md?p=8) children (including [Alaska Native](/usc/20/1059d.md?p=b-1) children), the following shall be considered to be an [eligible entity](/usc/20/7011.md?p=3):
  - (1) An [Indian tribe](/usc/20/7011.md?p=6).
  - (2) A [tribally sanctioned educational authority](/usc/20/7011.md?p=14).
  - (3) A [Native Hawaiian or Native American Pacific Islander native language educational organization](/usc/20/7011.md?p=9).
  - (4) An [elementary school](/usc/20/7801.md?p=19) or [secondary school](/usc/20/7801.md?p=45) that is operated or funded by the Bureau of Indian Education, or a consortium of such [schools](/usc/20/5802.md?p=a-11).
  - (5) An [elementary school](/usc/20/7801.md?p=19) or [secondary school](/usc/20/7801.md?p=45) operated under a contract with or grant from the Bureau of Indian Education, in consortium with another such [school](/usc/20/5802.md?p=a-11) or a tribal or community organization.
  - (6) An [elementary school](/usc/20/7801.md?p=19) or [secondary school](/usc/20/7801.md?p=45) operated by the Bureau of Indian Education and an [institution of higher education](/usc/20/1015b.md?p=b-5), in consortium with an [elementary school](/usc/20/7801.md?p=19) or [secondary school](/usc/20/7801.md?p=45) operated under a contract with or grant from the Bureau of Indian Education or a tribal or community organization.
- (b) **Submission of applications for assistance—** Notwithstanding any other provision of this part, an entity that is considered to be an [eligible entity](/usc/20/7011.md?p=3) under [subsection (a)](#a), and that desires to receive Federal financial assistance under this subpart, shall submit an application to the [Secretary](/usc/20/7801.md?p=46).
- (c) **Special rule—** An [eligible entity](/usc/20/7011.md?p=3) described in [subsection (a)](#a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under [section 6824 of this title](/usc/20/6824.md).

## Source credit

(Pub. L. 89–10, title III, § 3112, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1694; amended Pub. L. 114–95, title III, § 3003(c), Dec. 10, 2015, 129 Stat. 1956.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3112 of Pub. L. 89–10 was classified to section 6812 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

### Amendments

2015—Subsec. (a)(4) to (6). Pub. L. 114–95 substituted “Bureau of Indian Education” for “Bureau of Indian Affairs” wherever appearing.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

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.