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Minnesota Legislature

Office of the Revisor of Statutes

124D.81 CONTINUATION OF INDIAN EDUCATION GRANTS.
    Subdivision 1. Grants; procedures. Each fiscal year the commissioner of education must
make grants to no fewer than six American Indian education programs. At least three programs
must be in urban areas and at least three must be on or near reservations. The board of a local
district, a participating school or a group of boards may develop a proposal for grants in support
of American Indian education programs. Proposals may provide for contracts for the provision of
program components by nonsectarian nonpublic, community, tribal, charter, or alternative schools.
The commissioner shall prescribe the form and manner of application for grants, and no grant shall
be made for a proposal not complying with the requirements of sections 124D.71 to 124D.82.
    Subd. 2. Plans. Each district or participating school submitting a proposal under subdivision
1 must develop and submit with the proposal a plan which shall:
(a) Identify the measures to be used to meet the requirements of sections 124D.71 to 124D.82;
(b) Identify the activities, methods and programs to meet the identified educational needs
of the children to be enrolled in the program;
(c) Describe how district goals and objectives as well as the objectives of sections 124D.71
to 124D.82 are to be achieved;
(d) Demonstrate that required and elective courses as structured do not have a discriminatory
effect within the meaning of section 124D.74, subdivision 5;
(e) Describe how each school program will be organized, staffed, coordinated, and
monitored; and
(f) Project expenditures for programs under sections 124D.71 to 124D.82.
    Subd. 3. Additional requirements. Each district receiving a grant under this section must
each year conduct a count of American Indian children in the schools of the district; test for
achievement; identify the extent of other educational needs of the children to be enrolled in the
American Indian education program; and classify the American Indian children by grade, level
of educational attainment, age and achievement. Participating schools must maintain records
concerning the needs and achievements of American Indian children served.
    Subd. 4. Nondiscrimination; testing. In accordance with recognized professional standards,
all testing and evaluation materials and procedures utilized for the identification, testing,
assessment and classification of American Indian children must be selected and administered so
as not to be racially or culturally discriminatory and must be valid for the purpose of identifying,
testing, assessing, and classifying American Indian children.
    Subd. 5. Records. Participating schools and districts must keep records and afford access to
them as the commissioner finds necessary to ensure that American Indian education programs
are implemented in conformity with sections 124D.71 to 124D.82. Each school district or
participating school must keep accurate, detailed, and separate revenue and expenditure accounts
for pilot American Indian education programs funded under this section.
    Subd. 6. Money from other sources. A district or participating school providing American
Indian education programs shall be eligible to receive moneys for these programs from other
government agencies and from private sources when the moneys are available.
    Subd. 7. Exceptions. Nothing in sections 124D.71 to 124D.82 shall be construed as
prohibiting a district or school from implementing an American Indian education program which
is not in compliance with sections 124D.71 to 124D.82 if the proposal and plan for that program
is not funded pursuant to this section.
History: 1977 c 312 s 10; 1979 c 334 art 3 s 16; 1980 c 609 art 3 s 10-12; 1981 c 358 art 3 s
19; 1983 c 314 art 3 s 12; 1987 c 398 art 3 s 26; 1993 c 224 art 13 s 50; art 14 s 13; 1998 c
397 art 2 s 156-161,164; art 11 s 3; 1998 c 398 art 5 s 55; 2000 c 254 s 32; 1Sp2001 c 6 art 2 s
42-46; 2003 c 130 s 12; 1Sp2005 c 5 art 2 s 69