EXECUTIVE
ORDER
EO 13336
Effective Date: May 04, 2004

Responsible Office: Education
Subject: American Indian and Alaska Native Education

By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and to recognize the unique educational and 
                culturally related academic needs of American Indian 
                and Alaska Native students consistent with the unique 
                political and legal relationship of the Federal 
                Government with tribal governments, it is hereby 
                ordered as follows:

                Section 1. Purpose. The United States has a unique 
                legal relationship with Indian tribes and a special 
                relationship with Alaska Native entities as provided in 
                the Constitution of the United States, treaties, and 
                Federal statutes. This Administration is committed to 
                continuing to work with these Federally recognized 
                tribal governments on a government-to-government basis, 
                and supports tribal sovereignty and self-determination. 
                It is the purpose of this order to assist American 
                Indian and Alaska Native students in meeting the 
                challenging student academic standards of the No Child 
                Left Behind Act of 2001 (Public Law 107-110) in a 
                manner that is consistent with tribal traditions, 
                languages, and cultures. This order builds on the 
                innovations, reforms, and high standards of the No 
                Child Left Behind Act of 2001, including: stronger 
                accountability for results; greater flexibility in the 
                use of Federal funds; more choices for parents; and an 
                emphasis on research-based instruction that works.

                Sec. 2. Interagency Working Group. There is established 
                an Interagency Working Group on American Indian and 
                Alaska Native Education (Working Group) to oversee the 
                implementation of this order.

                    (a) The Working Group's members shall consist 
                exclusively of the heads of the executive branch 
                departments, agencies, or offices listed below:

(i)

 the Department of Education;

(ii)

 the Department of the Interior;

(iii)

 the Department of Health and Human Services;

(iv)

 the Department of Agriculture;

(v)

 the Department of Justice;

(vi)

 the Department of Labor; and

(vii)

 such other executive branch departments, agencies, or offices as the Co-
Chairs of the Working Group may designate.

                    A member of the Working Group may designate, to 
                perform the Working Group functions of the member, an 
                employee of the member's department, agency, or office 
                who is either an officer of the United States appointed 
                by the President, or a full-time employee serving in a 
                position with pay equal to or greater than the minimum 
                rate payable for GS-15 of the General Schedule. The 
                Working Group shall be led by the Secretaries of 
                Education and the Interior, or their designees under 
                this section, who shall serve as Co-Chairs.
                    (b) The function of the Working Group is to oversee 
                the implementation of this order. The Working Group 
                shall, within 90 days of the date of this order, 
                develop a Federal interagency plan that recommends 
                initiatives, strategies, and ideas for future 
                interagency actions that promote the purpose, as stated 
                in section 1, of this order. In carrying out its 
                activities under this order, the Working Group may 
                consult with representatives of American Indian and 
                Alaska Native tribes and organizations, in conformity 
                with Executive Order 13175 of November 6, 2000, and 
                with the National Advisory Council on Indian Education 
                (NACIE). Any such consultations shall be

[[Page 25296]]

                for the purpose of obtaining information and advice 
                concerning American Indian and Alaska Native education 
                and shall be conducted in a manner that seeks 
                individual advice and does not involve collective 
                judgment or consensus advice or deliberation.

                Sec. 3. Study and Report. The Secretary of Education, 
                in coordination with the Working Group, shall conduct a 
                multi-year study of American Indian and Alaska Native 
                education with the purpose of improving American Indian 
                and Alaska Native students' ability to meet the 
                challenging student academic standards of the No Child 
                Left Behind Act of 2001.

                    (a) The study shall include, but not be limited to:

(i)

 the compilation of comprehensive data on the academic achievement and 
progress of American Indian and Alaska Native students toward meeting the 
challenging student academic standards of the No Child Left Behind Act of 
2001;

(ii)

 identification and dissemination of research-based practices and proven 
methods in raising academic achievement and, in particular, reading 
achievement, of American Indian and Alaska Native students;

(iii)

 assessment of the impact and role of native language and culture on the 
development of educational strategies to improve academic achievement;

(iv)

 development of methods to strengthen early childhood education so that 
American Indian and Alaska Native students enter school ready to learn; and

(v)

 development of methods to increase the high school graduation rate and 
develop pathways to college and the workplace for American Indian and 
Alaska Native students.

                    The Secretary of Education shall develop an agenda, 
                including proposed timelines and ongoing activities, 
                for the conduct of the study, and shall make that 
                agenda available to the public on the Internet.
                    (b) The Secretary of Education, in coordination 
                with the Working Group, shall issue a report to the 
                President that shall:

(i)

 provide the latest data available from the study;

(ii)

 comprehensively describe the educational status and progress of American 
Indian and Alaska Native students with respect to meeting the goals 
outlined in the No Child Left Behind Act of 2001 and any other student 
achievement goals the Secretary of Education or the Secretary of the 
Interior may deem necessary;

(iii)

 report on proven methods for improving American Indian and Alaska Native 
student academic achievement; and

(iv)

 update the Federal interagency plan outlined in section 2(b) of this 
order.

                Sec. 4. Enhancement of Research Capabilities of Tribal-
                Level Educational Institutions. The Secretary of 
                Education and the Secretary of the Interior shall 
                consult with the entities set forth in section 2(a) of 
                this order and tribally controlled colleges and 
                universities to seek ways to develop and enhance the 
                capacity of tribal governments, tribal universities and 
                colleges, and schools and educational programs serving 
                American Indian and Alaska Native students and 
                communities to carry out, disseminate, and implement 
                education research, as well as to develop related 
                partnerships or collaborations with non-tribal 
                universities, colleges, and research organizations.

                Sec. 5. National Conference. The Secretary of Education 
                and the Secretary of the Interior, in collaboration 
                with the Working Group and Federal, State, tribal, and 
                local government representatives, shall jointly convene 
                a forum on the No Child Left Behind Act of 2001 to 
                identify means to enhance communication, collaboration, 
                and cooperative strategies to improve the education of 
                American Indian and Alaska Native students attending 
                Federal, State, tribal, and local schools.

                Sec. 6. Administration. The Department of Education 
                shall provide appropriate administrative services and 
                staff support to the Working Group. With

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                the consent of the Department of Education, other 
                participating agencies may provide administrative 
                support to the Working Group, to the extent permitted 
                by law and consistent with their statutory authority.

                Sec. 7. Termination. The Working Group established 
                under section 2 of this order shall terminate not later 
                than 5 years from the date of this order, unless 
                extended by the President.

                Sec. 8. Consultation. The Secretary of Education and 
                Secretary of the Interior shall consult the Attorney 
                General as appropriate on the implementation of this 
                order, to ensure that such implementation affords the 
                equal protection of the laws required by the due 
                process clause of the Fifth Amendment to the 
                Constitution.

                Sec. 9. General Provisions.

                    (a) This order is intended only to improve the 
                internal management of the executive branch and is not 
                intended to, and does not, create any right, benefit, 
                or trust responsibility, substantive or procedural, 
                enforceable at law or equity, by a party against the 
                United States, its agencies or instrumentalities, its 
                officers or employees, or any other person.
                    (b) Executive Order 13096 of August 6, 1998, is 
                revoked.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    April 30, 2004.
		

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