Improving American Schools

l-{

E
hd
!d

o

ru

ct!
F

z

c)

Q>
:3

d

66

o
a

>o

s.l
qtdtrt

Eh
u
c)
H
FI

I
F{

tA

f"

(>
C^2
I
c,,9
@
t\9
I
I

;
I
@
@
rf

108STAT. 3978

PUBLICLAW 103-382-Ogr. 20,1994

PUBLIC LAW 103-382_Ogf. 20, 1994
"(B) be involved in, and be primarilv responsible for.
'affectinj
the- development of all policies
Indian children
and adults under _programs administer-ed by the Oflice
of Elementary and S-econdaryEducation;
"(C) coordinate the. devilopment of policy and practice
for all proqrams in the Department ielating to'Inaian
p€rsons; ancl
"(D) assist the AssisLant Secretary of the Oflice of
Educational Research and Improvem6nt in identifvins
research priorities related to -the education of tniiaf,

tiRE
r l fn"ffi.l
FERENC
E rN EMp,,oyM
ENr." "(1) IN cENERAL.-The Secretary shall give a preference
-

to Indian per€ons in all personnel actibns in th"eOflice:
"(2) IMnLEMENTATToN.--Suchpreference shall be imole_
mented in the same fashion as the preference siven to inv
veteran under section 45 of title 25, United Stat€s Code.

?0usc':r{2:td .sEc.216..3fff3"3H.ffiuAl.

EDUcArroN
ANDMrNoRrryr.AN-

'(a) EstesltsHMErm.-There shall be, in the Department, an
oflice ,of Bilingual Education and Minority Langdag"" enui.t
throu.gh which the secretary shall carry olrt funltioil" r"t"ting
to bilingrraleducation.
"(b) Dtnpcton.-

"*T""*i,lx'1ff
i?#lJJ"S"iffi,:::
",;ji,LilS"\'ff;;ff

appointed.byth.e-secretary,to whom the secrJtar! shail dereg?te .qll delegable..
functiors relating to biringual education.
The Director shail also be assignet responsibility roi ,ec-assistance
ommendilg-improvements
and pmviding dechnical
to otler .Federal_
programsserving rangu-age-minority
and limited-English-prolicientstudents lnd their famiriei and fo.
assisting the-Assistant Secretaryof the O{Iice of Educational
-pii"rr-iG
Research-and .Improv.emqn
t i n identifying r"re"."h
which reflect the needsof language-minorityand limitla{nglish languageproficientstuden[s.
'(2) OncextznrroN.-The Oflice shall be organized as the
Director determines to be..g.gqrop4-ate
in,,ordei b drt
;;t
such functionsand responsibiliiiejeffectivelv.
"(3) Ittct usloH.-The Secretaryshall dnsure that limitedEnglish-proficient and language-miiroritystudentsare i ncluded
in ways that are varid, reriaFle,and fdir under all standaids
and assesamentdevelopment conducted or funded by the
Department.'.

PART G-LIBRARY SERVICESA|ID
CONSTRUCTIONREAUTHORIZATION
8BC. 8?6. IJBRANY SERVICES AND CONSTRUCTION ACT AUTHORIZ}I.
TION3.

_ (a) IN Geuenal.--subsection (a) of section 4 of the Library
servicee and construction Act (20 u.s.c. Ssrb(a)) is amenJea:
(f) by striking "for fiscal year l9g0 and such rum, u.
may be necessaryfor each of the 4 succeedingfiscal years"
ulor
fiscal year
9?91_ptacethe phraae appears and inserting
1995':and

108STAT.39

striking.'each
(2) in the matter following paragraph (?),,by
-and
1994" and
1993,
tsigz,
isbi,
the'-fo."l
of
v""^-1-9i0,
inserting"fiscalYear 1995".
(20 U.S.C. 385e)
i6i Feiiir,v L-p,ei.NnroCnl.rrERs.--section806
follows:
as
read
is amendedto
'AUTHoRIZATIoN oF APPRoPRIATI0NS

:

"Snc. 806. There are authorized to be appropriated such sums
bu ,reces"a.yior fiscal year l995.td canT' ou!-tlriq p-art'"'
*." 'i;iL;Rnt
818-(20U'S'C' 386g)
iiiinecv Celrr-ERs.--Section
-"v
follows:
read
as
to
is amended
"AtITHonIzATIoN

"r

oF APPRoPRIATIoNS

guch eums
"Spc. 818. There are authorized to be appropriated
part'"'
thie
out
td
carry
year
1995
fiscal
m"i UJ necesearyior

PART II-AMENDMENTS TO STAruTES
PERTAININC TO INDIAN EDUCATION

SEC. $T. BTJREAU OF INDIAN AIT'AIRA.

(25
Part B of title XI of the Education Amendments of 1978
as
follows:
to
read
is
amended
seq.)
et
U.S.b. zoor
..PART B-BI.JREAU OF INDIAN AFFAINS PNOGRAMS
OF INDIAN CIIIL
"88C. IT2T. STANDAIIDS r1ORTHE BAsilC EDUCATTON
BCHOOI,II.
DNDN IN BUNEAUOF INDIAI{AFFANA

25 USC 2OOI

"(aXl) The pur?ose of the standards-developedunder this sec'
pV a Bureau
se1.'ned
tion shall' be to'afford Indian students being
-as
all other studentg
with the same opportunities
iiiri-a"a *n*l
th" Naiiooat Educati6n Goals embodied in the Goals
;-;.hi*"
ibOO'--i:a""ilJ nmetic" Act. Consistent with t-hep.rovisionsof this
section and section 1131, the secretary-shall take such actrons
and impleas aFe necessary to coordinate standaids dev-eloped,*der this section with those in the State iqprcvenent
;i;;
-""6d d"*i"ped--and implemented pursuant to the Goals 20o0:
A.t for'the States in which each Bureau funded
6fi;;d;;""
and
d"*lopins and reviewing such-standard-s
;;;t;;.1;
;h;t
-[he--Secretafo,
-shall

i"i:riirlii"",
^-',linqiinn
^**^-,r-+r^i,o
;;;;ilti;it"?trt"
Act.

rec'
findinSs and rec'
tha Secref-arv shall utilize
utilize the
the finding!..?nq
such
nf iha i.""i'"tl.uiittted
.o.al'cctnhlished
in
of such
315(bX4)of
in section
section315(bX4)

"(2) The Secretary shall take immediate stcps. to encourage
communltres
nl lrnardc
nf Bureau
Rrrrpqir funded
frrnded schools
schools to
to gngag-e
ensase their
theif communttres
boardsof
school
ioi^-ri-o
drlarqtinns
of purposes
nrrrrnses of
of education
education in their commudeclarationsof
in adoptine
purposeefor their schools,
implicationsof such purposes
the i*plicaiioni
th"
nitiee.'analvzine
!;lv"inc
iiiti"r"
n1gtiYl1
to, moErva
made, f,o
be maoe
may. be,
such purposes may
how iu-ch
determiniri'g how
and determining
-purposes
animite their schools by M."y
and otlienvise
ild;;;A--ieiutlies

representthe asplrationiof. a
i:-lgitb. Slitr-a*t#"iil;;5"ll
ioi ite ki-ndsof personssuch.communi!t*-1S^-t!:
lnclus€-nuuu-PurPvo
shlll include.gqch,pgpogg!
",i--rnuniti
and snanl
beconie,
Decome' ano
increasingly
6 increaslngly
;hiteil to
children
accomplished
aie becoming
iJ'"Jr.iiitg ltiai ait Te'arners
ll::l:
;d iespectedbv tf,eir pardntsandcommu'
h;;;;ii;.
ir;;t#;'A
nities. shaping worthwhile

and satisfying lives lor themgelves'

l?!.purii-.,?- t]t" b;;t ""lu"t of the comriunitv and humankind,

PUBLIC LAW 103-382--OC:f.20. 1994

PUBLIC LAW 103-382-Ogf. 20. 1994

and becoming increasingly effective in shaping the character and
of the world all learners share.
oualitv
'
"(-b) Within 18 months of the publication of the voluntary
national content standards described in section 213(a) of the Goals
2000: Educate America Act, the Secretary, in consultation with
the Secretary of Education and Indian organizations and tribes,
shall carry out or cause to be carried out by contract with an
Indian organization such studies and suneys, making the fullest
use possible of other existing studies, surareys,and plans, as are
necessary to establish and revise standards for the basic education
of Indian children attending Bureau funded schools. Such studies
and surveys shall take into account factors such as academic needs,
local cultural differences, type and level of language skills,
geographic isolation, and appropriate teacher-student ratios for such
children, and shall be directed toward the attainment of equal
educational opportunity for such children.
"(cX1) The Secretary shall revise the minimum academic standards published in the Federal Register of September g, 1985 (50
Fed. Reg. 174) for the basic education of Indian children in accordance with the purpose described in subsection (a) and the findings
of the studies and sun"eys described in subsection (b), and ehall
publish such revised standards in the Federal Register for the
purpose of receiving comments from the tribes and other interested
parties. Within 21 months of the date of enactment of the Improving
America's Schools Act of 1994, the Secretary shall establish final
standards, distribute such standards to all [he tribes and publish
such final standards in the Federal Register. The Secretary shall
revise such final standards periodically as necessaq/. Prior to any
revision of such linai standards, the Secretary shall distribute such
proposed revision to all the tribes, and publish such proposed revieion in the Federal Register, for the purpose of receiving comments
from the tribes and other interested parties.
"(2) The standards described in paragraph (1) ehall apply to
Bureau schools, and subject to subsection (f), to contract or grant
schoola, and may also serve as a model for educational prcgrams
for Indian children in public schools. In establishing and revising
guch etandards, the Secretary shall take intd account the special
needs of Indian etudenis and the support and reinforcement of
the specific cultural heritage ofeach tribe.
"(d) The Secretary shall provide alternative or modified standardg in lieu of the standards established under subsection (c).
wbere necesaary, so that the programs of each school shall be
in cnmpliance with the minimum standards required for accreditation of schmls in the State where the school is locat€d.
"(e) A tribal governing body, or the local school board so designated by the tribal governing body, ehall have the local authority
to waive, in part or in whole, the standards established under
eubsection (c) and (d), where such etandards are deemed by such
body to be inappropriate. The tribal governing body or deeignated
echool board shall, within 60 days thereafter, submit to the Secrctary a pr',opoeal for alternative standards that take into account
the epecific neede of the tribe's children. Such revised standarde
ehall be eetabliehed by the Secretary unless specifically rejected
by the Secretary for good cause and in writing to the affected
tribes or local school board, which rejection shall be final and
unreviewable.

"(0(l) The Secretary, through contracting and grant-making
procedures, shall assist school boards of contract or grant schools
in the implementation of the standards established under subsections (c) and (d), ifthe school boards request that such standards,
in part or in whole, be implemented. At the request of a contract
or grant school board, the Secretary shall provide alternative or
modified standards for the standards established under subsections
(c) and (d) to take into account the needs of the Indian children
and the contract or grant school,
"(2) Within I yiar of the date of the enactment of the Indian
Education Technical Amendments Act of 1985, the Bureau shall,
either directly or through contract with an Indian organization,
establish a consistent system ofreporting standards for fiscal control
and fund accounting for all contract or grant schools. Such standards shall yield data results comparable to those used by Bureau
schools.
"(g) Subject to subsections (e) and (0, the Secretary shall begin
to implement the standards established under this section immediately upon the date of their establishment. Not later than January
1, 1995, and at each time thereafter that the annual budget request
for Bureau educational services is presented, the Secretary shall
submit to the appropriate committees of Congress a detailed plan
to bring all Bureau schools and contract or grant schoole up to
the level required by the applicable standards established under
this section. Such plan shall include detailed information on the
gtatus of each school's educational program in relation to the
applicable standards established under this section, specific cost
estimates for meeting such standards at each school, and specific
time lines for bringing each school up to the level required by
such standards.
"(hxl) Except as apecifically required by statute, no school
or peripheral dormitory operated by the Bureau on or after January
l, 1992, may be closed or consolidated or have its program substantially curtailed unless done according to the requirements of this
subsection, except that, in those cases where the tribal governing
body, or the local school board concerned (if so designated by the
tribal governing body), requests closure or consolidation, the
requirements of this subsection shall not apply. The requirements
of this subsection shall not apply when a temporary closure, consolidation, or substantial curtailment is required by plant conditions
which constitute an immediate hazard to health and safety.
"(2) The Secretary shall, by regulation, promulgate standards
and procedures for the closing, consolidation, or substantial curtailment of Bureau schoole in accordance with the requirements of
this subsection.
"(3) Whenever closure, transfer to any other authority, consolidation, or substantial curtailment of a school is under active consideration or review by any division of the Bureau or the Department
of the Interior, the affected tribe, tribal governing body, and desigrrated local school board, will be notified as soon as such consideration or review begins, kept fully and currently informed, and
afforded an opportunity to comment with respect to such consideration or review. When a formal decision is made to close, transfer
to any other authority, consolidate, or substantially curtail a school,
the affected tribe, tribal governing body, and designatcd local school
board shall be notified at least 6 months prio-r to the end of the
school year prmeding the proposed closure date. Copies of any

108STAT. 3980

Ac'ademic
standards.
Federal
Register,
publication.

108STAT.

Contract
Grants.

Reporrs

Regulatir

F.a.ra.-l
ffi;,il;,
pu6licati

108STAT. 3982

Rt'ports

Appropriation
authorization.

PUBLIC LAW 103-382-OCT.20, 1994

such notices and information shall be transmitted promptly to the
Congress and published in the Federal Register.
"(4) The Secretary shall make a report to Congress, the affected
tribe, and the desigrrated local school board describing the process
of the active consideration or reviiw referred to in paragraph (3).
At a minimum, the report shall include a study of the impact
of such action on the student population, with every effort to identify
those students with particular educational and social needs, and
to ensure that alternative services are available to such students.
Such report shall include the description of the consultation conducted between the potential service provider, current senrice provider, parents, tribal representative and the tribe or tribes involved,i
and the Director of the Oflice of Indian Education Programs withinl
the Bureau-regarding such students. No irreversible action may
be taken in furtherance ofany such proposed school closure, transfer
to any other authority, consolidation, or substantial curtailment
(including any action which would prejudice the personnel or progtams of such school) until the end of the first full academic
year afler such report is made.
"(5) The Secretary may terminate, contract, transfer to any
other authority, or consolidate or substantially curtail the operation
or facilities of"(A) any Bureau funded school that is operated on or after
April l, 1987,
"(B) any program of such a school that is operated on
or after April l, 1987, or
"(C) any school board of a school operated under a grant
under the Tribally Controlled SchoolsAct of 1988,
only ifthe tribal governing body approves such action.
"(i) There are authorized to be appropriated such sums as
Tpy_be necessary, for-academic program costs, in order to bring
all Bureau schools and contract or grant schools up to the leve-i
required by the applicable standards established under this section.
"(ixl) All Bureau funded schools sh'all include within their
curriculum a program of instmction relating to alcohol and substance abuse prevention and treatment. The Assistant Secretary
ehall provide the technical assistance necessary to develop and
implement such a program for students in kindergarten and rt.ades
I through 12, at the request of'!A) any Sureau school (subject to the approval of the
echool board ofsuch school);
'(B) any school board ofa school operating under a contract
entered into under the Indian Self-Determination and Education AgsistanceAct (25 U.S.C. 450 et seq.);or
"(C) any school board of a school operating under a grant
under the Tribally Controlled SchoolsAcl of f98b.
. ,'(2) In.sclools operated directly by the Bureau, the Secretary
snall Provrdelor"(A) accurate reporting of all incidents relating to alcohol
and subetance abuae: and
"(B) individual student crisis intcrvention.
'(3) The programs requested under paragraph ( l) shall be developed in consultation with the Indian tribi tLat is to be served
by euch .program and health personnel in the local community
ofeuch tribe.

PUBLIC LAW 103-382-Ogf.20, 1994

r08sTl

"(4) Schools requesting program assistance under this subsection are encouraged to involve family units and, where appropriate,
tribal elders and Native healers in such instructions.
"(k) For purposes of this section, the term 'tribal governiPg
body' means, with respect to any school, the tribal governing body,,
or iribal governing bodies, that represent at least 90 percent of
the students served by such school.
"(lXlXAXi) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing- "(I) applications from any tribe for the awarding of a contract or grant for a school that is not a Bureau funded school;
and
"(II) applications from any tribe or school board of any
Bureau funded school for"(aa) a school which is not a Bureau funded school;
or
"(bb) the expansion of a Bureau funded school which
would increase the amount of funds received by the Indian
tribe or school board under section 1127.
"(ii) The Secretary shall give consideration to all of the factors
under clause (i), but none of the applications under clause (i)
may be denied based primarily upon the geographic prorimity of
public education.
"(B) The Secretary shall consider the following factors relating
to the program that is the subject of an application described
in subparagraph (A):
"(i) The adequacy of facilities or the potential to obtain
or provide adequate facilities.
"(ii) Geographic and demographic factors in the affectcd
areas.
"(iii) Adequacy of the applicant's program plans or, in the
case of a Bureau funded school, of projected needs analysis
done either by a tribe or by Bureau personnel.
"(iv) Geographic proximity of comparable public education.
"(v) The stated needs of all alfected parties, including students, families, tribal governme4ts at both the central and
local levels, and school organizatioirs.
"(C) The Secretary shall consider with respect to applications
described in subparagraph (A) the following factors relating to
all the educational services available at the time the application
is considered:
"(i) Geographic and demographic factors in the affected
areas.
"(ii) Adequacy and comparability of programs already available.
"(iii) Consistency of available programs with tribal educational codesor tribal legislation on education.
"(iv) The history and successof these services for the proposed population to be served, as determined from all factors
and not just standardized examination performance.
"(zXA) The Secretary shall make a determination of whether
to approve any application described in paragraph (lXA) by not
later than the date that is 180 days after the day on which such
application is submitted to the Secretary.
"(B) If the Secretary fails to make the determination described
in subparagraph (A) with respect to an application by the date

108STAT.3984

Effective dat€

25 USC 2002.

l'ederal
Regirter,
p ubl i c at ior

PUBLTCLAW 103-382-Ogf. 20. 1994

described in subparagraph (A), the application shall be treated
as having been approved by the Secretary.
"{3)(A) Any application described in paragraph (f)(A) may be
submitted to the Secretary only if"(i) the application has been approved by the tribal governing body of the students served by (or to be served by) the
school or program that is the subject of the application, and
"(ii) written evidence of such approval is submitted with
the application.
"(B) Each application described in paragraph (1XA>"(i) shall provide information concerning each of the factors
describedin paragraph (1)(B),and
"(ii) may provide information concerning the factors
describedin paragraph (1XC).
"(4) Whenever the Secretary makes a determination to deny
approval of any application described in paragraph (lXA), the Secretarv shall- "(A) atate the objections in writing to the applicant by
not later than the date that is 180 daya aftcr the day on
which the application is submitted to the Secretary,
"(B) provide assietance to the applicant to overcome stated
objections, and
'(C) provide the applicant a hearing, under the same mles
and regulations pertaining to the Indian Self-Determination
and Education Assistance Act, and an opportunity to appeal
the objections raised by the Secretary.
'(5XA) Except as otherwise provided in this paragraph, the
action which is the subject ofany application deecribed in paragraph
(lXA) that ia approved by the Secretary shall become effective
with the commencement of the academic year succeeding the fiecal
year in which the application ie approved, o,r at an earlier date
determined by the Secretary.
"(B) If an application ie treated as having been approved by
the Secretary by reason of paragraph (2XB), the action that is
the aubject of the application ehall become effective on the date
that ie 18 monthe alter the date on which the application
-determinedis eubmitted to the Secretary, or at an earlier date
by the
Secretary.
{AE1C.
TT22"NATIONAL CRITERIA FOR DONMITORYSITUATTONS.
"(a) The Secretary, in consultation with the Secretary of the
Department of Education, and in consultation with Indian organizations and tribes, shall conduct or cause to be conducted by contract
with an Indian organization, a etudy of the costs applicable to
boarding arrangements for Indian etudents provided in Bureau
acboole,and contract or grant achools,for the purpose ofestablishing
national criteria for euch dormitory eituations. Such criteria shall
include adultFile Typeapplication/pdfFile Modified2008-10-09File Created2008-10-09