The following definitions apply to the Demonstration Grants for Indian Children program:
Federally supported elementary or secondary school for Indian students means an elementary or secondary school that is operated or funded, through a contract or grant, by the Bureau of Indian Education.
Indian means an individual who is—
(1) A member of an Indian tribe or band, as membership is defined by the Indian tribe or band, including any tribe or band terminated since 1940, and any tribe or band recognized by the State in which the tribe or band resides;
(2) A descendant of a parent or grandparent who meets the requirements described in paragraph (1) of this definition;
(3) Considered by the Secretary of the Interior to be an Indian for any purpose;
(4) An Eskimo, Aleut, or other Alaska Native; or
(5) A member of an organized Indian group that received a grant under the Indian Education Act of 1988 as it was in effect on October 19, 1994.
Indian organization means an organization that—
(1) Is legally established—
(i) By tribal or inter-tribal charter or in accordance with State or tribal law; and
(ii) With appropriate constitution, by-laws, or articles of incorporation;
(2) Includes in its purposes the promotion of the education of Indians;
(3) Is controlled by a governing board, the majority of which is Indian;
(4) If located on an Indian reservation, operates with the sanction of or by charter from the governing body of that reservation;
(5) Is neither an organization or subdivision of, nor under the direct control of, any institution of higher education or TCU; and
(6) Is not an agency of State or local government.
Native youth community project means a project that is—
(1) Focused on a defined local geographic area;
(2) Centered on the goal of ensuring that Indian students are prepared for college and careers;
(3) Informed by evidence, which could be either a needs assessment conducted within the last three years or other data analysis, on—
(i) The greatest barriers, both in and out of school, to the readiness of local Indian students for college and careers;
(ii) Opportunities in the local community to support Indian students; and
(iii) Existing local policies, programs, practices, service providers, and funding sources;
(4) Focused on one or more barriers or opportunities with a community-based strategy or strategies and measurable objectives;
(5) Designed and implemented through a partnership of various entities, which—
(i) Must include—
(A) One or more tribes or their tribal education agencies; and
(B) One or more BIE-funded schools, one or more local educational agencies, or both; and
(ii) May include other optional entities, including community-based organizations, national nonprofit organizations, and Alaska regional corporations; and
(6) Led by an entity that—
(i) Is eligible for a grant under the Demonstration Grants for Indian Children and Youth program; and
(ii) Demonstrates, or partners with an entity that demonstrates, the capacity to improve outcomes that are relevant to the project focus through experience with programs funded through other sources.
Parent includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare).
Professional development activities means in-service training offered to enhance the skills and abilities of individuals that may be part of, but not exclusively, the activities provided in a Demonstration Grants for Indian Children and Youth program.
Tribal College or University (TCU) means an accredited college or university within the United States cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994, any other institution that qualifies for funding under the Tribally Controlled College or University Assistance Act of 1978, and the Navajo Community College, authorized in the Navajo Community College Assistance Act of 1978.
[80 FR 22412, Apr. 22, 2015, as amended at 85 FR 43450, July 17, 2020]