25 U.S.C. § 2504 | Eligibility for grants

(a)

Rules

(1)

In general

A tribally controlled school is eligible for assistance under this chapter if the school—

(A)

April 28, 198825 U.S.C. 2000 on , was a contract school under title XI of the Education Amendments of 1978 [ et seq.] and the tribe or tribal organization operating the school submits to the Secretary a written notice of election to receive a grant under this chapter;

(B)

25 U.S.C. 2000 was a Bureau-operated school under title XI of the Education Amendments of 1978 [ et seq.] and has met the requirements of subsection (b);

(C)

is a school for which the Bureau has not provided funds, but which has met the requirements of subsection (c); or

(D)

is a school with respect to which an election has been made under paragraph (2) and which has met the requirements of subsection (b).

(2)

New schools

25 U.S.C. 5301January 8, 2002Any application which has been submitted under the Indian Self-Determination and Education Assistance Act [ et seq.] by an Indian tribe for a school which is not in operation on , shall be reviewed under the guidelines and regulations for applications submitted under the Indian Self-Determination and Education Assistance Act that were in effect at the time the application was submitted, unless the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b).

(b)

Additional requirements for Bureau-funded schools and certain electing schools

(1)

Bureau-funded schools

25 U.S.C. 2000January 8, 2002A school that was a Bureau-funded school under title XI of the Education Amendments of 1978 [ et seq.] on , and any school with respect to which an election is made under subsection (a)(2), meets the requirements of this subsection if—

(A)

the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary—

(i)

transfer operation of the school to the Indian tribe or tribal organization, if the Indian tribe or tribal organization is not already operating the school; and

(ii)

make a determination as to whether the school is eligible for assistance under this chapter; and

(B)

the Secretary makes a determination that the school is eligible for assistance under this chapter.

(2)

Certain electing schools

(A)

In general

By not later than the date that is 120 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine—

(i)

in the case of a school which is not being operated by the Indian tribe or tribal organization, whether to transfer operation of the school to the Indian tribe or tribal organization; and

(ii)

whether the school is eligible for assistance under this chapter.

(B)

Other determinations

In considering applications submitted under paragraph (1)(A), the Secretary—

(i)

shall transfer operation of the school to the Indian tribe or tribal organization, if the tribe or tribal organization is not already operating the school; and

(ii)

shall determine that the school is eligible for assistance under this chapter, unless the Secretary finds by clear and convincing evidence that the services to be provided by the Indian tribe or tribal organization will be deleterious to the welfare of the Indians served by the school.

(C)

Considerations

In considering applications submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would be deficient in operating the school with respect to—

(i)

equipment;

(ii)

bookkeeping and accounting procedures;

(iii)

ability to adequately manage a school; or

(iv)

adequately trained personnel.

(c)

Additional requirements for a school which is not a Bureau-funded school

(1)

In general

25 U.S.C. 2000A school which is not a Bureau-funded school under title XI of the Education Amendments of 1978 [ et seq.] meets the requirements of this subsection if—

(A)

the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting a determination by the Secretary as to whether the school is eligible for assistance under this chapter; and

(B)

the Secretary makes a determination that a school is eligible for assistance under this chapter.

(2)

Deadline for determination by Secretary

(A)

In general

By not later than the date that is 180 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine whether the school is eligible for assistance under this chapter.

(B)

Considerations

In making the determination under subparagraph (A), the Secretary shall give equal consideration to each of the following factors:

(i)

With respect to the applicant’s proposal—

(I)

the adequacy of facilities or the potential to obtain or provide adequate facilities;

(II)

geographic and demographic factors in the affected areas;

(III)

adequacy of the applicant’s program plans;

(IV)

geographic proximity of comparable public education; and

(V)

the needs as expressed by all affected parties, including but not limited to students, families, tribal governments at both the central and local levels, and school organizations.

(ii)

With respect to all education services already available—

(I)

geographic and demographic factors in the affected areas;

(II)

adequacy and comparability of programs already available;

(III)

consistency of available programs with tribal education codes or tribal legislation on education; and

(IV)

the history and success of these services for the proposed population to be served, as determined from all factors including, if relevant, standardized examination performance.

(C)

Geographic proximity

The Secretary may not make a determination under this paragraph that is primarily based upon the geographic proximity of comparable public education.

(D)

Other information

Applications submitted under paragraph (1)(A) shall include information on the factors described in subparagraph (B)(i), but the applicant may also provide the Secretary such information relative to the factors described in subparagraph (B)(ii) as the applicant considers appropriate.

(E)

Deadline

1 See References in Text note below.

If the Secretary fails to make a determination under subparagraph (A) with respect to an application within 180 days after the date on which the Secretary received the application, the Secretary shall be treated as having made a determination that the tribally controlled school is eligible for assistance under the title  and the grant shall become effective 18 months after the date on which the Secretary received the application, or on an earlier date, at the Secretary’s discretion.

(d)

Filing of applications and reports

(1)

In general

All applications and reports submitted to the Secretary under this chapter, and any amendments to such applications or reports, shall be filed with the education line officer designated by the Director of the Office of Indian Education Programs of the Bureau of Indian Affairs. The date on which such filing occurs shall, for purposes of this chapter, be treated as the date on which the application or amendment was submitted to the Secretary.

(2)

Supporting documentation

Any application that is submitted under this chapter shall be accompanied by a document indicating the action taken by the tribal governing body in authorizing such application.

(e)

Effective date for approved applications

Except as provided by subsection (c)(2)(E), a grant provided under this chapter, and any transfer of the operation of a Bureau school made under subsection (b), shall become effective beginning the academic year succeeding the fiscal year in which the application for the grant or transfer is made, or at an earlier date determined by the Secretary.

(f)

Denial of applications

(1)

In general

Whenever the Secretary refuses to approve a grant under this chapter, to transfer operation of a Bureau school under subsection (b), or determines that a school is not eligible for assistance under this chapter, the Secretary shall—

(A)

state the objections in writing to the tribe or tribal organization within the allotted time;

(B)

provide assistance to the tribe or tribal organization to overcome all stated objections;

(C)

25 U.S.C. 5301 at the request of the tribe or tribal organization, provide the tribe or tribal organization a hearing on the record under the same rules and regulations that apply under the Indian Self-Determination and Education Assistance Act [ et seq.]; and

(D)

provide an opportunity to appeal the objection raised.

(2)

Timeline for reconsideration of amended applications

The Secretary shall reconsider any amended application submitted under this chapter within 60 days after the amended application is submitted to the Secretary.

(g)

Report

section 1105 of title 31The Bureau shall submit an annual report to the Congress on all applications received, and actions taken (including the costs associated with such actions), under this section at the same time that the President is required to submit to Congress the budget under .

Pub. L. 100–297, title V, § 5205 Pub. L. 107–110, title X, § 1043Jan. 8, 2002115 Stat. 2068(, as added , , .)

Editorial Notes

References in Text

Pub. L. 95–561Nov. 1, 197892 Stat. 2143 section 6301 of Title 20The Education Amendments of 1978, referred to in subsecs. (a)(1)(A), (B), (b)(1), and (c)(1), is , , . Title XI of the Act is classified principally to chapter 22 (§ 2000 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under , Education, and Tables.

Pub. L. 93–638Jan. 4, 197588 Stat. 2203 section 5301 of this titleThe Indian Self-Determination and Education Assistance Act, referred to in subsecs. (a)(2) and (f)(1)(C), is , , , which is classified principally to chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 100–297 section 2501 of this titleThe title, referred to in subsec. (c)(2)(E), probably should be “this part”, meaning part B of title V of , known as the Tribally Controlled Schools Act of 1988, which is classified generally to this chapter. For complete classification of part B to the Code, see Short Title note set out under and Tables.

Prior Provisions

Pub. L. 100–297, title V, § 5205Apr. 28, 1988102 Stat. 387 Pub. L. 100–427, § 10(c)Sept. 9, 1988102 Stat. 1608 Pub. L. 101–301, § 5(g)May 24, 1990104 Stat. 209 Pub. L. 102–119, § 26(f)Oct. 7, 1991105 Stat. 607 Pub. L. 103–382, title IIIOct. 20, 1994108 Stat. 4017 Pub. L. 107–110, title X, § 1043Jan. 8, 2002115 Stat. 2063 section 2503 of this titleA prior section 2504, , , ; , , ; , , ; , , ; , §§ 382(a), (b), 394(m)(2), , , 4029, related to composition of grants, prior to repeal by , , . See .

Statutory Notes and Related Subsidiaries

Effective Date

Jan. 8, 2002section 5 of Pub. L. 107–110 section 6301 of Title 20Section effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.