§ 2021. Definitions
For the purposes of this chapter, unless otherwise specified:
(1)
Agency school board
The term “agency school board” means a body—
(A)
the members of which are appointed by all of the school boards of the schools located within an agency, including schools operated under contract or grant; and
(B)
the number of such members is determined by the Secretary, in consultation with the affected tribes;
except that, in agencies serving a single school, the school board of such school shall fulfill these duties, and in agencies having schools or a school operated under contract or grant, one such member at least shall be from such a school.
(4)
Bureau school
The term “Bureau school” means a Bureau-operated elementary or secondary day or boarding school or a Bureau-operated dormitory for students attending a school other than a Bureau school.
(5)
Complementary educational facilities
The term “complementary educational facilities” means educational program functional spaces such as libraries, gymnasiums, and cafeterias.
(6)
Contract or grant school
The term “contract or grant school” means an elementary school, secondary school, or dormitory that receives financial assistance for its operation under a contract, grant, or agreement with the Bureau under section
450f,
450h
(a), or
458d of this title, or under the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.].
(8)
Education line officer
The term “education line officer” means a member of the education personnel under the supervision of the Director of the Office, whether located in a central, area, or agency office.
(10)
Financial plan
The term “financial plan” means a plan of services provided by each Bureau school.
(11)
Indian organization
The term “Indian organization” means any group, association, partnership, corporation, or other legal entity owned or controlled by a federally recognized Indian tribe or tribes, or a majority of whose members are members of federally recognized tribes.
(12)
Inherently Federal functions
The term “inherently Federal functions” means functions and responsibilities which, under section
2006
(c) of this title, are noncontractable, including—
(A)
the allocation and obligation of Federal funds and determinations as to the amounts of expenditures;
(C)
the administration of Federal contracting and grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust, programmatic, and fiscal responsibilities of the Secretary;
(E)
the determination of the Secretary’s views and recommendations concerning administrative appeals or litigation and the representation of the Secretary in administrative appeals and litigation;
(F)
the issuance of Federal regulations and policies as well as any documents published in the Federal Register;
(13)
Local educational agency
The term “local educational agency” means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, or independent or other school district located within a State, and includes any State agency that directly operates and maintains facilities for providing free public education.
(14)
Local school board
The term “local school board”, when used with respect to a Bureau school, means a body chosen in accordance with the laws of the tribe to be served or, in the absence of such laws, elected by the parents of the Indian children attending the school, except that, for a school serving a substantial number of students from different tribes—
(16)
Regulation
(18)
Supervisor
The term “supervisor” means the individual in the position of ultimate authority at a Bureau school.
(19)
Tribal governing body
The term “tribal governing body” means, with respect to any school, the tribal governing body, or tribal governing bodies, that represent at least 90 percent of the students served by such school.
(20)
Tribe
The term “tribe” means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Regional Corporation or Village Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
[1] See References in Text note below.