Revision of standards
In general
The Secretary, in consultation with the Secretary of Education, Indian organizations and tribes, and Bureau-funded schools, shall revise the national standards for home-living (dormitory) situations to include such factors as heating, lighting, cooling, adult-child ratios, needs for counselors (including special needs related to off-reservation home-living (dormitory) situations), therapeutic programs, space, and privacy.
Implementation
Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
Revision after establishment
section 2017 of this titleOnce established, any revisions of such standards shall be developed according to the requirements established under .
Implementation
The Secretary shall implement the revised standards established under this section immediately upon completion of the standards.
Plan
In general
The Secretary shall submit to the appropriate committees of Congress, the tribes, and the affected schools, and publish in the Federal Register, a detailed plan to bring all Bureau-funded schools that provide home-living (dormitory) situations up to the standards established under this section.
Components of plan
Waiver
In general
A tribal governing body or local school board may, in accordance with this subsection, waive the standards established under this section for a school described in subsection (a).
Inappropriate standards
In general
A tribal governing body, or the local school board so designated by the tribal governing body, may waive, in whole or in part, the standards established under this section if such standards are determined by such body or board to be inappropriate for the needs of students from that tribe.
Alternative standards
The tribal governing body or school board involved shall, not later than 60 days after providing a waiver under subparagraph (A) for a school, submit to the Director a proposal for alternative standards that take into account the specific needs of the tribe’s children. Such alternative standards shall be established by the Director for the school involved unless specifically rejected by the Director for good cause and in writing provided to the affected tribes or local school board.
Closure for failure to meet standards prohibited
No school in operation on or before (regardless of compliance or noncompliance with the standards established under this section), may be closed, transferred to another authority, or consolidated, and no program of such a school may be substantially curtailed, because the school failed to meet such standards.
Pub. L. 95–561, title XI, § 1122Pub. L. 107–110, title X, § 1042115 Stat. 2018(, as added , , .)
Editorial Notes
Prior Provisions
Pub. L. 95–561, title XI, § 1122Pub. L. 103–382, title III, § 381108 Stat. 3984Pub. L. 105–362, title VIII, § 801(c)(2)112 Stat. 3288Pub. L. 107–110A prior section 2002, , as added , , ; amended , , , related to national criteria for dormitory situations, prior to the general amendment of this chapter by .
Pub. L. 95–561, title XI, § 112292 Stat. 2318Pub. L. 96–46, § 2(b)(5)93 Stat. 341Pub. L. 96–88, title III, § 301(a)(1)93 Stat. 677Pub. L. 100–297, title V, § 5105102 Stat. 367Pub. L. 103–382Another prior section 2002, , , ; , , ; , title V, § 507, , , 692; , , , related to national criteria for dormitory situations, prior to the general amendment of this chapter by .
Statutory Notes and Related Subsidiaries
Effective Date
section 5 of Pub. L. 107–110section 6301 of Title 20Section effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.