[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR263.20]

[Page 582-583]
 
                           TITLE 34--EDUCATION
 
              SECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 263_INDIAN EDUCATION DISCRETIONARY GRANT PROGRAMS--Table of Contents
 
       Subpart B_Demonstration Grants for Indian Children Program
 
Sec.  263.20  What definitions apply to the Demonstration Grants for 
Indian Children program?


    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 Affairs.
    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

[[Page 583]]

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 October 19, 
1994.
    Indian institution of higher education 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.
    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) Has as its primary purpose 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 
or by charter of 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; and
    (6) Is not an agency of State or local government.
    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 program.

(Authority: 20 U.S.C. 7441)