Education Amendments of 1978

92 STAT.2150

PUBLICr.-A,W
95-551-NOV. 1. 1978

See, 1009. Cbildren for whom local agencies are unable to provide education.
Sec. 1010. Prompt consld.erationfor applications.
See. 10U. Prroperty owred by foreign governments aDd international organizadons.
Sec. 1012. Deffnition of local educational agency.
rsec. 101i1. Eantlicapped children.
See, 1014. Use of average daily membership.
Sec. 1015.Impactaidstudy.
PaBr B-PuBLrc

Lew 815

Sec. 1021, General extensionsof Public Law 815.
Sec. 1022. Determinedon of number of children.
Sec. 1023. Construction arrangements.
Sec. 1024. Disaster assistonce.
P.lsr C-GnNpsAL PBolTsroNa
Sec. 1031. Northern Mariana Islands.
Efective Date.
Sec. 10€12.
TITI,E XI_INDIAN
PABTA-AssrsrANcs

EDUCATION

ro Loc.lJ, EDucarroNAL AoENcrEs

Sec, 1101. Amendment to PublicLaw874.
Sec. 1102. F\rntling providon.
Sec. 1103. Basic educauoDelsupport.

Sec. 1121. Stantlarrls for the basic etlucatioD of Ind.iaD chlldren ln Bureau of
fndian Afralrs schools.
Sec. 1122. National criteria for dormltory sltuations.
Sec. 1123. Regulations.
Sec, 1124. ,Studies.
Sec. 1125. X'acilities construotion.
Sec. 1126. Bure&u of Indian Afralrs edueation functions,
Sec. 1127. fmplementatlon.
Sec. 1128. Allotment formula.
Sec. 1129. Uniform direct fundiug and support.
Sec. 1130. PoUW for Indian control of Indian education.
Sec. 1131. Education personnel.
Sec. 1132. Managementlnformation system.
Sec. 11&3.Bureau edueation policles.
Sec. 1134. Uniform educatlon proceduresand practices.
Sec. 1135. Recruitment of Indian educators.
Sec. 1136. Annual report.
Sec. 1137. Rights of Indian students.
Sec. 1138. Regulations.
See,1139.Definitions.
PArr C-INDrAN f,ioucerron peovrgrorg
Sec. 1141. Exteusion of authorization.
.Sec.1142. Culturally related academlcneeds.
Sec. 11rt3.Demonatration proJects.
Sec. 1144. Parent committees.
Sec. 1146. Allocation adjustmeut.
Sec. 1146. Tribal schools.
Sec. 1147. Definltion study.
Sec. 1148. Data collection,
Sec. 1149. Program monitoring.
sec. 1150. Amendments to title X of the Elementary and secondary Education
Act of 1966.
See. 1151. Definition of Indian.
Sec. 1152. Teacher traiDingand fellowships.

92 STAT.2316

PUBLICLAW 95-561-NOV. 1. 1978
FUNDING

PROVISION

Src. 1102. (a) The Secretary of the fnterior shall develop alternative methocls'for the equitabl6 distribution of a.ny supplement program funds provided, pirrsuant to an appropriation under the Act of
25 USC13.
\ovember 2,'1921, coinhonly referred to aslhe Snyder Act, for contracting rrnderthe Aet of Airil I6, 1934,commonl{referreclto as the
25 USC452 note. Johnsorr-O'IfalleyAet, anctshall publish in the l,'ederalRegister by
)Iarch \ 1979)such alternatives for the purpose of allowing eligible
Field survey.
tlibes to comment bv ]Iav 1. 1979.At that time. the Secretarv shall
altcrnativc formula.
condllct a field sllrvev listinerall
"Secretary
Formula,
(b) Ily July L, L9?9,the
sh:r,llestablish and publish the
publicationin
formula in the tr'ederal Register rvhich the majority of such tribes
FederalRegister. tletermine, but vote certified'to the Secretary, to lie m6st equitable and
shall usesuch formula for purposesof distribution of the funds approrlliated pursuflnt to srrch Act beqinning on or after October 1, 1979.
'Ihe Seti'ctary shall, in accordaice wiih procedrrresconsistcni with
that prescribed herein, revise srrch formula periodically as necessary.
Publication in
Federal Register.
25 USC l3 note.

BASIC

25 USC 13 note.

25 USCl3-1.

I'DUCATIONAI,

Snc. 1103. (a) (1) l'rom sums already appropriated under the Act
of Novernber 2, l92l (25 U.S.C. 13) and notwithstanding any other
provision of law or any requirement of a grant or agreement relating
to the timing of payments for basic support contracts or grants under
thc Act of April 16, 1lB4 (25 tl.S.C. 4rt2457), the Secretary o{ the
Irrtelior shall^makepaymentsof any unexpendedfunds obligirtcd for
basic support contracts or grants under such Act of November 2r!927,
{or fiscal year 1978 to any school that has received notification from
the I)epartment of the Interior of the award of such a contract or
grant. Such payments shall be made in accordance rvith any applicable condition of such contracts or grants other than conditions relating
to the tinring of payments.
(2) The Secretary of the Interior shall make the payments referred
to in paragraph (1) not later than thirty days after the date of the
cnactment of this Act. Saturdays, Sunda,ys,and legal public holidays,
as establishedby section 6103oi litle 5, tTnited Stftes^(lode. shall riot
be eonsideredas days for purposesof thc preceding sentence.
(b) Srrchsums ai are nieded under such Act of 'November2,7927,
ale authorized to be appropriated to provide funds for basic educational support through parent committeesunder such Act of April 16,
1934, to those public schools educating fndian stuclents and whose
total sum of tr'ederal, State, and local firnds is insufficient to bring
the education of the enrolled fndian students to a level equal to thr:
level of edueation provided non-Indian students in the public schools
in whieh they are inrolled where the absenceof sueh support would
result in the blosing of schoolsor the red.uctionin qualitv bf the education program afriirded fndian students attending irublii: schools.
Prr.nr B-BunEAU

or. fxurax

SrANDARD8
I'oRrrrD*riijiJ""T3lf."
Studies and
surveys.
25 USC 2001.

SUPPORT

Anr.rrns Pnocn.elrs

ITSt*T."g'""*N

rN BrrREAu
or

Snc. 1121. (a) The Secretary, in consultation with the Assistant
Secretary of Health, Educatiori, and'Welfare for Education. and in

PUBLICLAW 95-56I-NOV. r. 1978

92 STAT.2317

consultation rvith Indian organizations and tribes. shall carrv out or
causeto be carried out hy contract with an fndian organization such
studies and surveys. rnaliing the fullest use possible of other existing
studies, srlrvevs.ind pland. as are necessarvto establishand revise
standards for the basic education of Indian cirildren attendins Rureau
schools and fndian controlled contract schools (hereinafter'refened
('contract
to as
schoolstt). Such studies and survevs shall take into
account faetorssuch as acadenrieneeds.Iocal crrltrrraldifferences,
type
and level of langunge skills. geographiealisolation and appropriale
teacher-student ratios for srrchcliildien. and shall he directed toward
the, attainment of equal edrrcationalopportunity for such children.
(b) (1) Within fifteen months of the date of enactmentof this Act, Minimum
the Secletary shall propose mininrunr acaden'ricstandards for the fnsis academie
edrrcationof Indian children. and shall distribute suehproposedstand- standards'
nrds to the tribes anrl publish sueh proposed standardi in'the Federal 5:fl""T'3:j:.-reoerar
regrsrer'
Register for the plrrposoof receiving cornmentsfrom the tribes and
other interested parties. Within eighteen months of the date of enactment of this Act. the Secletary shall establish final standards,distribute such standarclsto all thc tribes and llublish such standards in the
Fe.deml Register. The Secretary shall revise such stnndards periodically a-srlecerssar.v..
Prior to anv revision of such standards,the Secretary shall distribute such proposed revision to all the tribes, and
prrblislrsrrchproposcdrevisionin the Feder.ll Register..
for the plrrpose
of receivinqcommentsfrom thc tribes and other inter.ested
paitiei.
(2) Such standalds shall apply to Rureau schools,andlubject to
subsection (e), to contract schools,and may also serve as a model for
educational progrftms for fndian children in public schools.fn establishing and revising sueh standards. the Secretary shall take inro
account the speeial'needsof fndian students and"the support and
reinforcementof the spceificcultrrlal heritase of each tribe.
(e) The Sccretary shall provide altelnative or rnodifiedstandards
in litiu of the standaids establishedunder subsection(h), where neccss,rry, so that the programs of eaeh school shall be in compliance with
the rninimum standards recluired for accreditation of schools in the
State whele the schoolis located.
(d) A tribal governing bod.y,or tl.relocal school board if so desig- waiver.
nated by the tribal governing body, shall hrvt. the local authoritv to
waive, in part or in whole. th'e,standards establishedunder subsections
(b) and (c). where such standards are deemed by such bodv to be
inappropriate or ill-conceived, and shall also have the authdrity to
revise such standards to talFile Typeapplication/pdfFile Modified2008-10-09File Created2008-10-09