20 U.S.C. § 7517
Section 7517 · Definitions
Amended 2 times on record
Applied in 3 court decisions — leading case 295 F. Supp. 2d 1141 - Doe Ex Rel. Doe v. Kamehameha Schools/Bernice Pauahi Bishop Estate (2003)
Most recently applied in John Doe, a Minor, by His Mother and Next Friend, Jane Doe, and Josephine Helelani Pauahi Rabago, Intervenor, Kamehameha Schools/bernice Pauahi Bishop Estate Constance H. Lau, Nainoa Thompson, Diane J. Plotts, Robert K.U. Kihune, J. Douglasing, in Their Capacities as Trustees of the Kamehameha Schools/bernice Pauahi Bishop Estate (December 2006)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In this part:
The term “community consultation” means a public gathering—
to discuss Native Hawaiian education concerns; and
about which the public has been given not less than 30 days notice.
The term “Native Hawaiian” means any individual who is—
a citizen of the United States; and
a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
genealogical records;
Kupuna (elders) or Kamaaina (long-term community residents) verification; or
certified birth records.
The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.
The term “Native Hawaiian educational organization” means a private nonprofit organization that—
serves the interests of Native Hawaiians;
has Native Hawaiians in substantive and policymaking positions within the organization;
incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;
has demonstrated expertise in the education of Native Hawaiian youth; and
has demonstrated expertise in research and program development.
The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii.
The term “Native Hawaiian organization” means a private nonprofit organization that—
serves the interests of Native Hawaiians;
has Native Hawaiians in substantive and policymaking positions within the organization; and
is recognized by the Governor of Hawaii for the purpose of planning, conducting, or administering programs (or portions of programs) for the benefit of Native Hawaiians.
The term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2015—Pub. L. 114–95, § 6003(d), added par. (1) and redesignated former pars. (1) to (6) as (2) to (7), respectively.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.