CONSULTATION WITH INDIAN TRIBES AND TRIBAL ORGANIZATIONS
SEC. 8030. CONSULTATION WITH INDIAN TRIBES AND TRIBAL
Subpart 2 of part F of title VIII, as amended and redesignated by
section 8001 of this Act, is further amended by adding at the end the
``SEC. 8538. <<NOTE: 20 USC 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 students, an affected
local educational agency shall consult with appropriate officials from
Indian tribes or tribal organizations approved by the tribes located in
the area served by the local educational agency prior to the affected
local educational agency's submission of a required plan or application
for a covered program under
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this Act or for a program under title VI of this Act. Such consultation
shall be done in a manner and in such time that provides the opportunity
for such appropriate officials from Indian tribes or tribal
organizations to meaningfully and substantively contribute to such plan.
``(b) Documentation.--Each affected local educational agency shall
maintain in the agency's records and provide to the State educational
agency a written affirmation signed by the appropriate officials 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 shall forward documentation
that such consultation has taken place to the State educational agency.
``(c) Definitions.--In this section:
``(1) Affected local educational agency.--The term `affected
local educational agency' means a local educational agency--
``(A) with an enrollment of American Indian or
Alaska Native students that is not less than 50 percent
of the total enrollment of the local educational agency;
``(i) for fiscal year 2017, received a grant
in the previous year under subpart 1 of part A of
title VII (as such subpart was in effect on the
day before the date of enactment of the Every
Student Succeeds Act) 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 title VI that
``(2) Appropriate officials.--The term `appropriate
``(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
``(1) to require the local educational agency to determine
who are the appropriate officials; or
``(2) to make the local educational agency liable for
consultation with appropriate officials that the tribe
determines not to be the correct appropriate officials.
``(e) Limitation.--Consultation required under this section shall
not interfere with the timely submission of the plans or applications
required under this Act.''.
Previously not included in NCLB.