---
kind: "section"
citation: "20 U.S.C. § 7918"
title: "20"
title_heading: "Education"
number: "7918"
heading: "Consultation with Indian tribes and tribal organizations"
release: "119-102"
url: "https://uscodex.org/usc/20/7918"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter VIII — General Provisions"
  - "Part F — Uniform Provisions"
  - "Subpart 2 — other provisions"
---

# §7918. Consultation with Indian tribes and tribal organizations

- (a) **In general—** To ensure timely and meaningful consultation on issues affecting American Indian and [Alaska Native](/usc/20/1059d.md?p=b-1) students, an [affected local educational agency](#c-1) shall consult with [appropriate officials](#c-2) from Indian tribes or tribal organizations approved by the tribes located in the area served by the [local educational agency](/usc/20/7801.md?p=30-A) prior to the [affected local educational agency](#c-1)’s submission of a required plan or application for a [covered program](/usc/20/7801.md?p=11) under this chapter or for a program under subchapter VI of this chapter. Such consultation shall be done in a manner and in such time that provides the opportunity for such [appropriate officials](#c-2) from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan.
- (b) **Documentation—** Each [affected local educational agency](#c-1) shall maintain in the agency’s records and provide to the [State educational agency](/usc/20/7801.md?p=49) a written affirmation signed by the [appropriate officials](#c-2) of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the [affected local educational agency](#c-1) shall forward documentation that such consultation has taken place to the [State educational agency](/usc/20/7801.md?p=49).
- (c) **Definitions—** In this section:
  - (1) **Affected local educational agency—** The term “affected local educational agency” means a [local educational agency](/usc/20/7801.md?p=30-A)—
    - (A) with an enrollment of American Indian or [Alaska Native](/usc/20/1059d.md?p=b-1) students that is not less than 50 percent of the total enrollment of the [local educational agency](/usc/20/7801.md?p=30-A); or
    - (B) that—
      - (i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII[^1] (as such subpart was in effect on the day before December 10, 2015) that exceeded $40,000; or
      - (ii) for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under subpart 1 of part A of subchapter VI that exceeded $40,000.
  - (2) **Appropriate officials—** The term “appropriate officials” means—
    - (A) tribal officials who are elected; or
    - (B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section.
- (d) **Rule of construction—** Nothing in this section shall be construed—
  - (1) to require the [local educational agency](/usc/20/7801.md?p=30-A) to determine who are the [appropriate officials](#c-2); or
  - (2) to make the [local educational agency](/usc/20/7801.md?p=30-A) liable for consultation with [appropriate officials](#c-2) that the tribe determines not to be the correct [appropriate officials](#c-2).
- (e) **Limitation—** Consultation required under this section shall not interfere with the timely submission of the plans or applications required under this chapter.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 89–10, title VIII, § 8538, as added Pub. L. 114–95, title VIII, § 8030, Dec. 10, 2015, 129 Stat. 2116.)

## Notes

### Editorial Notes

### References in Text

Subpart 1 of part A of title VII (as such subpart was in effect on the day before December 10, 2015), referred to in subsec. (c)(1)(B)(i), means subpart 1 of part A of title VII of Pub. L. 89–10, which was classified generally to subpart 1 (§ 7421 et seq.) of part A of subchapter VII of this chapter prior to being redesignated as subpart 1 of part A of title VI of Pub. L. 89–10 and amended by Pub. L. 114–95, title VI, §§ 6001(a), 6002(c)–(j), Dec. 10, 2015, 129 Stat. 2046–2049, 2052–2054, and transferred to subpart 1 (§ 7421 et seq.) of part A of subchapter VI of this chapter.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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 an Effective Date of 2015 Amendment note under section 6301 of this title.