Title 25:
Indians
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PART 37�GEOGRAPHIC BOUNDARIES
Section Contents
� 37.100 What
is the purpose of this part?
� 37.101 What
definitions apply to the terms in this part?
� 37.102 How
is this part organized?
� 37.103 Information
collection.
Subpart
A�All Schools
� 37.110 Who
determines geographic attendance areas?
� 37.111 What
role does a tribe have in issues relating to school
boundaries?
� 37.112 Must
each school have a geographic attendance boundary?
Subpart
B�Day Schools, On-Reservation Boarding Schools, and Peripheral
Dorms
� 37.120 How
does this part affect current geographic attendance
boundaries?
� 37.121 Who
establishes geographic attendance boundaries under this
part?
� 37.122 Once
geographic attendance boundaries are established, how can they be
changed?
� 37.123 How
does a Tribe develop proposed geographic attendance boundaries or boundary
changes?
� 37.124 How
are boundaries established for a new school or dorm?
� 37.125 Can
an eligible student living off a reservation attend a school or
dorm?
Subpart
C�Off-Reservation Boarding Schools
� 37.130 Who
establishes boundaries for Off-Reservation Boarding
Schools?
� 37.131 Who
may attend an ORBS?
Authority: Public Law 107�110, 115
Stat. 1425.
Source: 70 FR 22204, Apr. 28, 2005,
unless otherwise noted.
� 37.100 What is the purpose of this
part?
top
(a) This part:
(1) Establishes procedures for confirming, establishing, or revising
attendance areas for each Bureau-funded school;
(2) Encourages consultation with and coordination between and among all
agencies (school boards, tribes, and others) involved with a student's
education; and
(3) Defines how tribes may develop policies regarding setting or
revising geographic attendance boundaries, attendance, and transportation
funding for their area of jurisdiction.
(b) The goals of the procedures in this part are to:
(1) Provide stability for schools;
(2) Assist schools to project and to track current and future student
enrollment figures for planning their budget, transportation, and
facilities construction needs;
(3) Adjust for geographic changes in enrollment, changes in school
capacities, and improvement of day school opportunities; and
(4) Avoid overcrowding or stress on limited resources.
� 37.101 What definitions apply to the terms in
this part?
top
Act means the No Child Left Behind Act, Public Law 107�110,
enacted January 8, 2002. The No Child Left Behind Act reauthorizes and
amends the Elementary and Secondary Education Act (ESEA) and the amended
Education Amendments of 1978.
Bureau means the Bureau of Indian Affairs in the Department of
the Interior.
Geographic attendance area means a physical land area that is
served by a Bureau-funded school.
Geographic attendance boundary means a line of demarcation that
clearly delineates and describes the limits of the physical land area that
is served by a Bureau-funded school.
Secretary means the Secretary of the Interior or a designated
representative.
� 37.102 How is this part organized?
top
This part is divided into three subparts. Subpart A applies to all
Bureau-funded schools. Subpart B applies only to day schools,
on-reservation boarding schools, and peripheral dorms�in other words, to
all Bureau-funded schools except off-reservation boarding schools. Subpart
C applies only to off-reservation boarding schools (ORBS).
� 37.103 Information collection.
top
Notwithstanding any other provision of law, no person is required to
respond to, nor shall any person be subject to a penalty for failure to
comply with, a collection of information subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. )
(PRA), unless that collection of information displays a currently valid
Office of Management and Budget (OMB) Control Number. This part involves
collections of information subject to the PRA in ��37.122(b), and
37.123(c). These collections have been approved by OMB under control
number 1076�0163.
Subpart A�All Schools
top
� 37.110 Who determines geographic attendance
areas?
top
The Tribal governing body or the Secretary determines geographic
attendance areas.
� 37.111 What role does a tribe have in issues
relating to school boundaries?
top
A tribal governing body may:
(a) Establish and revise geographical attendance boundaries for all but
ORB schools;
(b) Authorize ISEP-eligible students, residing within the tribe's
jurisdiction, to receive transportation funding to attend schools outside
the geographic attendance area in which the student lives; and
(c) Authorize tribal member students who are ISEP-eligible and are not
residing within the tribe's jurisdiction to receive transportation funding
to attend schools outside the student's geographic attendance area.
� 37.112 Must each school have a geographic
attendance boundary?
top
Yes. The Secretary must ensure that each school has a geographic
attendance area boundary.
Subpart B�Day Schools, On-Reservation Boarding Schools, and Peripheral
Dorms
top
� 37.120 How does this part affect current
geographic attendance boundaries?
top
The currently established geographic attendance boundaries of day
schools, on-reservation boarding schools, and peripheral dorms remain in
place unless the tribal governing body revises them.
� 37.121 Who establishes geographic attendance
boundaries under this part?
top
(a) If there is only one day school, on-reservation boarding school, or
peripheral dorm within a reservation's boundaries, the Secretary will
establish the reservation boundary as the geographic attendance
boundary;
(b) When there is more than one day school, on-reservation boarding
school, or peripheral dorm within a reservation boundary, the Tribe may
choose to establish boundaries for each;
(c) If a Tribe does not establish boundaries under paragraph (b) of
this section, the Secretary will do so.
� 37.122 Once geographic attendance boundaries
are established, how can they be changed?
top
(a) The Secretary can change the geographic attendance boundaries of a
day school, on-reservation boarding school, or peripheral dorm only
after:
(1) Notifying the Tribe at least 6 months in advance; and
(2) Giving the Tribe an opportunity to suggest different geographical
attendance boundaries.
(b) A tribe may ask the Secretary to change geographical attendance
boundaries by writing a letter to the Director of the Office of Indian
Education Programs, explaining the tribe's suggested changes. The
Secretary must consult with the affected tribes before deciding whether to
accept or reject a suggested geographic attendance boundary change.
(1) If the Secretary accepts the Tribe's suggested change, the
Secretary must publish the change in theFederal
Register.
(2) If the Secretary rejects the Tribe's suggestion, the Secretary will
explain in writing to the Tribe why the suggestion either:
(i) Does not meet the needs of Indian students to be served; or
(ii) Does not provide adequate stability to all affected
programs.
� 37.123 How does a Tribe develop proposed
geographic attendance boundaries or boundary changes?
top
(a) The Tribal governing body establishes a process for developing
proposed boundaries or boundary changes. This process may include
consultation and coordination with all entities involved in student
education.
(b) The Tribal governing body may delegate the development of proposed
boundaries to the relevant school boards. The boundaries set by the school
boards must be approved by the Tribal governing body.
(c) The Tribal governing body must send the proposed boundaries and a
copy of its approval to the Secretary.
� 37.124 How are boundaries established for a
new school or dorm?
top
Geographic attendance boundaries for a new day school, on-reservation
boarding school, or peripheral dorm must be established by either:
(a) The tribe; or
(b) If the tribe chooses not to establish boundaries, the
Secretary.
� 37.125 Can an eligible student living off a
reservation attend a school or dorm?
top
Yes. An eligible student living off a reservation can attend a day
school, on-reservation boarding school, or peripheral dorm.
Subpart C�Off-Reservation Boarding Schools
top
� 37.130 Who establishes boundaries for
Off-Reservation Boarding Schools?
top
The Secretary or the Secretary's designee, in consultation with the
affected Tribes, establishes the boundaries for off-reservation boarding
schools (ORBS).
� 37.131 Who may attend an ORBS?
top
Any student is eligible to attend an ORBS.
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