Indian Education Amendments of 1988

102STAT.130

PUBLICLAW 100-297-APR.28, 1988

Public Law 100-297
100th Congress
An Act
Apr. 28, 1988
tH.R.5l
Augustus F.
Hawkins-Robert
T. Stafford
Elementarv and
SecondarvSchool
Improvement
Amendnents of
1988.
State and local
governments.

20usc ?701

note.

To improve elementary and secondary education, and for other purpos€€.

i! gnacted^bythe. se.nateand House of
\epresentatiuesof th,
--Bs Statesof America in Congressassembrea,
United
SECTIONl. SHORTTITLE; TABLE OF CONTENTS.

(a) Sxonr Thrr.-This
Act may be cited as the "Augustus F
Hawkins-Robert T. Stafford Elementarv and Secondary Schoo
ImprovementAmendmentsof 1988".
(b) Taslr or CoNrnNrs.Sec. 1. Short title: table of contents.
TITLE I-ELEMENTARY

AND SECONDARY EDUCATION PROGRAM
AUTHORIZED

sec. 1001. Amendments to the Elementary and secondary &lucation Act of t965
"Sec. l. Short title.
.TITLE
"Cn,lpren l-Flrlxcrel

I_BASIC

PROGRAMS

Asslsratce m Mnp'Specrll
CHrlonnrv

Boucerlouar- Nueos or.

"Sec. 1001. Declaration of policy and statement of purpose.
"Plnr

A-Bnsrc

PnocReus OpnRl'rro nv Local Eoucluowl,l

AceNcrrs

..SUBPART

"Sec. 1005. Basic grants.
"sec. 1006. Grants for local educa-tional agencies. in counties with especially
-- '
high concentrations ol children from low-income families.
.'SUAPART

"Sec.
"Sec.
"Sec.
-. "Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.

"Pnnr B-Evnrq
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"Sec.
"S€c.
"Sec.
"Sec.

2-BASIC

PROCRAM

REQUTREMEN1S

l0ll. Uses of funds.
1012. Assurances and applications.
1013. Eligible schools.
1014. Eligible children.
1015. Schoolwide projects.
1016. Parental involvement.
1017. Participation ofchildren enrolled in private schools.
1018. Fiscal requirements.
1019. Evaluations.
1020. State educational program improvement plan
1021. Program improvement.
Srlnr

Pnocnenrs OprRerno ny Loclr, Eoucettoxlr-

1051. Statement of purpose.
1052. Program authorization.
1053. Allocation.
1054. Uses of funds.
1055. Eligible participants.
1056. Applications.
1057. Award ofgrants.
1058. Evaluation.
1059. Authorization of appropriations,

AceNclns

E

PUBLIC LAW 100*297_ApR. 28, 1988

102 STAT. 151

servicesprovided to addresschildren's handicapping conditions
or limited English proficiency, in order to increase program
effectiveness,eliminate duplication, and reduce fragmentation
of the students' programs.
"SEC. 1013.ELIGIBLE SCHOOLS.

Disadvantaged

"(a) Geurnnr. Pnovrsrors."(1) Subject to subsection (b), a local educational agency shall
use funds received under this chapter in school attendance
areas having high concentrations of children from low-income
families (hereinafter referred to as 'eligible school attendance
areas'), and where funds under this chapter are insufficient to
provlde programs and projects for all educationally deprived
children in eligible school attendance areasi, a local educational
agency shall annually rank its eligible school attendance areas
from highest to lowest within each grade span grouping or for
the entire local educational agency, according to relative degree
of concentration of children from low-income families. A lbcal
educational agency may carry out a program or project assisted
under this chapter in an eligible school attendance area only if
it also carries out such program or project in all other eligible
school attendance areas which are ranked higher under the
first sentence of this paragraph.
"(2) The same measure of low income, which shall be chosen
by the local educational agency on the basis ofthe best available
data and which may be a composite of several indicators, shall
be used with respect to all school attendance areas within a
gtade span grouping or for the entire local educational agency,
both to identify the areas having high concentrations of children from low-income families and to determine the ranking of
each area.
"(3) The requirements of this subsection shall not apply in the
case of a local educational agency with a total enrollment of less
than 1,000 children, but this paragraph does not relieve such an
agency from the responsibility to serve eligible children according to the provisions ofsection 1014.
"(b) Loclr, Eouc.lrroNer, AcENcy Drscnrrron.-Notwithstanding
s-ubsection(aX1) ofthis section, a local educational agency shall have
discretion to identify and rank eligible attendance areai as follows:
"(1) A local educational agency may designate as eligible and
serve all of its attendance areas within a grade span grouping or
in the entire local educational agency if the percentage of
children from low-income families in each attendance area of
the agency is within 5 percentage points ofthe average percentage of such children within a grade span grouping or for the
entire local educational agency.
"(2) A local educational agency may designate any school
attendance area in which at least 25 percent of the children are
from low-income families as an eligible school attendance area
if the aggregate amount expended under this chapter and under
a State program meeting the requirements of section
1018(dXlXB) in that fiscal year in each school attendance area of
that agency eligible under subsection (a) in which projects
assisted under this chapter were carried out in the preceding
fiscal year equals or exceeds the amount expended from those
sources in that area in such preceding fiscal year if such

Efitt"S'zzze.

102STAT.152

PUBLIC LAW 1OO-29?_APR.
28, 1988
a3tild."""

areasqualify for suchamountsunder
s

,,(B)A local
educationalagencymay,with the
appro
State educational

attendance;;"*if
itl";,1i?lffii'n",tr#".'"ilo

centages of educationally depriu"i -.f;iia.";l;,;
attendanceareas with higfrgr ion"""totions
of child
low-i
ncome
fu-

ur::,.

i. p"ifiiJpi", r,

ri., il,,p
provision ofservices toI S
-"11,
more
school ittdnounc"" areas tl
otherwise

be served.A State eau"uiionuf
such a proposalonly if the State eduiui,orrur
"*g"Jr'Or:ail
ug"n.y t
the propogalwill nbt substantiallylJou,. the
delive
prived chitdren fromlow_incorne
fui"iiie! i" pioj""i"i"
by the local educatronalasencv.
"(4) Funds received.
11qaei this part may be
educationally dglrived children
*t o u.!ln o
locatedin an elisible schoolattenauncearea,.Ii""ii,rl
when th,
tion of childreri rrom to*-iiil,iiJ-'i"-'ies
in avera
attendancein such schoolis substantialty
i" ifr,
tion of such children in an etigiUtescfio-of
"qr.f
dtt"ra"rli
such agency.
"(5) Ifan elisible schoolattendancearea or
eligiblesc
-and
so designa_ted
serv-edl" ;;;;;;ric?
with subsect
precedingfiscal F;;;-it may continue
lT,ilry*i*rely.
oeslgnarect
tor the subsequentfiscal year even thoug
not qualify as eligible under such sublection.irr';;h
:,
year.
.,"(6)With the ap-provalof the State educational
glole school attendanceareas or eligible schools aee
-"iifi.""
wf,i
Irielgf proportiols or _numbersof
f;;; i;;
may be pl.jppea if they
."."iui"g, i.o; ;;
[:41tu.
runds,servrcesol the samenature
"."and scopeas would o
be--providedunder this part,
tfr"t tef the nu
children attending privaie eiemenia.y
"*.upi
wno recelveservicesunder this part shall
""abe"e"oniu."
determin
out regard to non-Federalcompensatoryeducalio; il;;
serve. eligible _child193 in public elementary and se
schools,and (B) children attending private element
secondaryschoolswho receive assisiance
ti.,i.'p,
be identifred in accordancewith this section
""a",
and withou
to skippingpublic schoolattendanceareasor schoolsun
paragraph.
"(c) Ar,rocluoNs."(1) Exce-pt3s providedin paragraph(2),a local edu
agencyshall allocat".ful{p urider-Itridpart among proje
or schoolson the basisof the number and needsof""hitii
servedas determined in accordancewith section1014.
"(2) Children in eligible schools,who receive service
this-part and subsequentlybecomeinelisible auJ to li
academicachievement att-ributable to su"ch,"."ii"r, rr
tinue to be consideredeligible for 2 additio"rt vea., onii
purpo-seof 4etermining-the allocation of funds among
schools under paragraph (l). Any funds so allocated"r
us€_dto provide servicesto any children determined tr
gible under section 1014.

PUBLIC LAW 100-297-APR. 28, 1988
..SEC.IOI4.ELIGIBLE CHILDREN.

102STAT.153
Disadvantaged
persons.

"(a) GnNnnar- PnovrsroNs.20usc,2724.
"(l) Except as provided in subsections (c) and (d) of this section
and section 1015, a local educational agency shall use funds
received under this part for educationally deprived children,
identified in accordance with subsection (b) as having the greatest need for special assistance, in school attendance areas or
schools satisfying the requirements of section 1013.
"(2) The eligible population for services under this part are"(A) those children up to age 21 who are entitled to a free
public education through grade 12, and
"(B) those children who are not yet at a grade level where
the local educational agency provides a free public education, yet are of an age at which they can benefit from an
organized instructional program provided in a school or
other educational setting.
"(b) AssnssMENT oF Eouclrroxll,
Nnsn.-A
local educational
agency may receive funds under this part only if it makes an
assessment ofeducational needs each year to (1) identify educationally deprived children in all eligible attendance areas; (2) identify
the general instructional areas on which the program will focus; (3)
select those educationally deprived children who have the greatest
need for special assistance, as identified on the basis of educationally related objective criteria established by the local educational
agency, which include written or oral testing instruments, that are
uniformly applied to particular grade levels throughout the local
educational agency; and (4) determine the special educational needs
(and library
resource needs) of participating
children with
specificity sufficient to ensure concentration on such needs.
"(c) Locll EnucarroNnr, AcnNcy Drscnprror.l.-(1) Educationally
deprived children who begin participation in a program or project
assisted under this part, in accordance with subsections (a) and 6)
but who, in the same school year, are transferred to a school
attendance area or school not receiving funds under this part, may,
if the local agency so determines, continue to participate in a
program or project funded under this part for the duration of that
same school year.
"(2) In providing services under this part a local educational
agency may skip educationally deprived children in greatest need of
assistance who are receiving, from non-Federal sources, services of
the same nature and scope as would otherwise be provided under
this part.
"(3) A child who, in the previous year, was identified as being in
greatest need of assistance, and who continues to be educationally
deprived, but who is no longer identified as being in greatest need of
assistance, may participate in a program or project assisted under
this part while continuing to be educationally deprived for a maximum of 2 additional years.
"(d) SpncHr, Rums.-(l) Children receiving services to overcome a
handicapping condition or limited English proficiency shall also be
eligible to receive services under this part, if they have needs
stemming from educational deprivation and not related solely to the
handicapping condition or limited English proficiency. Such children shall be selected on the same basis as other children identified
as eligible for and selected to receive services under this part. Funds

102STAT.154

Disadvantaged
persorul.

20uw2725.

PUBLIC LAW 1OO-297_APR.28, 1988

under this part may not be,used to provide services that are
otherwise required by law to be made available to such children.
"(2) A student who at any ti_mq in the previous 2 years was
receiving services under subpart 3 of pa4 D of this chaptei or under
g-uppart 3 of part B of title I of the Elementary and Secondary
Education Act (as amended by chapter 1 of the Education Consoliddtion and Improvement Act of 1981) shall be considered elieible for
services under this part, and may be served subject to the piovisions
of subsections(a) and (b).
..SI]C.I OI5.SCHOOLWIDE
PROJECTS,
"(a) Usr oF FuNDs FoR ScHoolwrpr Pno.rncrs.-In the case of anv
school serving an attendance area that is eligible to receive service"s
under this part and in which, for the first year of the S-year period
of projects assisted under this section, not less than 75 peicent-of the
children are from low-income families or any eligible school in
which not less than 75 percent of the children enrolled in the school
are from low-income _1u6jljes, the local eCucational agency may
carry out a project under this part to upgrade the entire educitional
program in that school if the requirements of subsections(b), (c),(d),
and (e) are met.
"(b) Dnsrcrv.q.rroNoF Scnoorc.-A school may be designated for a
schoolwide project under subsection (a) if"(1) a plan has been developed for that school by the local
educational agency and has been approved by the State
educational agency which"(A) provides for a comprehensive assessment of educational needs ofall students in the school, in particular the
special needs of educationally deprived children;
"(B) establishes goals to meet the special needs of all
students and to ensure that educationally deprived children
are served effectively and demonstrate performance gains
comparable to other students;
"(C) describes the instructional program, pupil services,
and procedures to be used to implement those goals;
"(D) describes the specific uses of funds under this part as
part of that program; and
"(E) describes how the school will move to implement an
effective schools program as defined in section 1471, if
appropriate;
"(2f the plan has been developed with the involvement of
those individuals who will be engaged in carrying out the plan,
including parents, teachers, librarians, education aides, pupil
services personnel, and administrators (and secondary students
if the plan relates to a secondary school);
"(3) the plan provides for consultation among individuals
described in paragraph (2) as to the educational progress of all
students and the participation of such individuals in the development and implementation of the accountability measures
required by subsection (e);
"(4) appropriate training is provided to parents of children to
be served, teachers, librarians, and other instructional, administrative, and pupil services personnel to enable them effectively
to carry out the plan;
"(5) the plan includes procedures for measuring progress, as
required by subsection (e), and describes the particular measures to be used; and

102STAT.363

PUBLIC LAW 100-297-APR. 28, 1988

(1) The term "Native Hawaiian" means any individual who
is(A) a citizen of the United States.
(B) a resident of the State of Hawaii, and
(C) a descendant of the aboriginal people, who prior to
1778, occupied and exercised soverei-gnty in the are-athat
now comprises the State of Hawaii, as evidenced by(i) genealogical records,
(ii) Kupuna (elders) or Kama'aina (long-term community residents) verification, or
(iii) birth records of the State of Hawaii.
(2) The term "Secretary" means the Secretary of Education.
(3) The terrn "Native Hawaiian Educational Organization"
means a private nonprofit organization that(A) serves the interests of Native Hawaiians.
(B) bas a demonstrated expertise in the education of
Native Hawaiian youth, and
(C) has demonstrated expertise in research and program
development.
(4) The term "Native Hawaiian Organization" means a private nonprofit organization that(A) serves the interests of Native Hawaiians, and
(B) is recognized by the Governor of Hawaii for the
purpose of planning, conducting, or administering pro
grams (or portion of programs) for the benefit of Native
Hawaiians.
(5) The term "elementary school" has the same meaning
given that term under section 1477(7)ofthis Act.
(6) The term "local educational agency" has the same meaning given that term under section 1471(10)ofthis Act.
(?) The term "secondary school" has the same meaning given
that term under section 1471ft) of this Act.

TITLE V-INDIAN

EDUCATION

PART A-BUREAU AND CONTRACTSCHOOLS

Indian
Education
Amendments of
1988.

SEC.5IOI.SHORTTITLE,
This part may be cited as the "Indian
l9gg,'.

Education

Amendments

of

SEC.5IO2.PROHIBITION ON TRANSFERSOF BUREAU AND CONTRACT
SCHOOLS.

Section 1121 of the Education Amendments of 1978 (25 U.S.C.
2001)is amended(1) by adding at the end of subsection (g) the following new
paragraph:
"(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 1, 1987,or
"(B) any program ofsuch a school that is operated on or after
April 1, 1987,
only if the tribal governing body approves such action.",

25 UsC 2001
note.

102STAT.364

PUBLICLAW 100-297-ApR.28, 1988

(2) by striking."Such standards_
and proceduresshall require
that whenever" in gubsection(gX8)and-inserting in lieu thereof
"Whenever".
(3) by inserting "transfer to any other authoritv.,' after
"close," and after "closqre," each plice either term aipears in
paragraphs(3)and (4)of subsectionG), and
!4) by addingat the end thereofthe following new subsection:
"(j) For.purposesof this section,the term 'tribal governingbody'
means, with respect to any school, the tribal governing b6dy, or
tribal governing bodies, that represent at leasig0 perc6nt oi-the
studentsservedby such school.".
SEC. 5103.REPORTON TEMPORARYACTTONSTAKEN FOR A YEAR.

Safety.

Regulations.

Federal
Register,
publication.

Section 1125 of the Education Amendmentsof Ig78 QE U.S.C.
2005)is amended(1)by redesignatingsubsection(d) as subsection(e),
(2) by inserting after subsection(c) the following new subsection:
"(dxl) A Bureau school may be closed or consolidated,and the
programs of a Bureau school may E substantially curtailed, by
reason of plant conditions that constitute an immediate hazard tb
health and safety only if a health and safety officer of the Bureau
determinesthat such conditionsexist at the Bureau school.
"(zXA]
making determinations described in paragraph (l)
-In_
-before Jr,rly
1, 1989,health and safety officers of the Buriad shall
use the health and safety guidelines of the Bureau that were in
effecton January l, 1988.
"(B) Upon the enactment of the Indian Education Amendments of
1988.the Secretaryshall conduct a review of the guidelines used by
the Bureau in determining whether plant condilions at a Bureau
school constitute an immediate hazaril to health and safetv. Bv no
later than-June 30, 1989,the Secretaryshall publish in the Federal
Registe-rthe fi_nalform regulations whicn shall be usedby health
-of Bureau
and safety officers of the
in making such determinations.

"(cxi)If-

"(I) the Secretary fails to publish in the Federal Register in
final form the regulations required under subparagraph (B)
beforeJuly 1, 1989,and
"(II) action describedin paragraph (1) is taken after June 80,
l_9p9,apd,befgrg the date on whiCh such regulations are published in final form in the Federal Registeiby reason ofthe
condition ofany plant,
an inspectionofthe condition ofsuch plant shall be conductedby an
apJropriatg tribal, county, municipal, or State health and sdfety
offrcer to determine whether conditions at such plant constitute an
immediate hazard to trealth and safety. Such inspection shall be
co-mpletedbyno later than the date that is 30 days after the date on
which the action describedin paragraph (1)is tak-en.
"(ii) The inspectionrequired under ilause (i) shall be conductedbv
a health and safety offrcer designatedjointly by the Secretarv anl
the tribes affected by the action describedih faragraph (1). if the
ppcrgtary-and s-uch-tribes_areunable_to agree on ttie d-esignationof
the health and safety officer, the Secretary shall desiinate the
health and safqty officer and shall provide notice ofsuch ddsignation
to each of such tribes before the inspection is conducted f,y such
officer.

PUBLIC LAW 1OO-29?-APR.28. 1988

102STAT.365

"(iii) If the health and safety officer conducting an inspection of a
plant required under clause (i) determines that conditions at the
plant do not constitute an immediate hazard to health and safety,
any consolidation or curtailment that was made by reasonof conditions at the plant shall immediately ceaseand any schoolclosedby
reason of conditions at the plant shall be reopened immediately.
"(3) If"(A) a Bureau school is temporarily closedor consolidated,or
the programs of a Bureau schoolare substantially curtailed, by
reason of plant conditions that constitute an immediate hazard
to health and safety, and
"(B) the Secretaryestimatesthat the closure,consolidation,or Reports.
curtailment will be more than I year in duration,
the Secretary shall submit to the Congress,by no later than the date
that is 6 months after the date on which the closure,consolidation,
or curtailment is initiated, a report which sets forth the reasonsfor
such temporary actions and the actions the Secretaryis taking to
eliminate the conditionsthat constitutethe hazard.".
SF]C.5I{T. EI,IGITIII,ITYAND I'XPANSIONOF BURF]AUT'UNDEDSCHOOLS.

Section 1121 of the Education Amendments of 1978 (25 U.S.C.
2001)is amended(l) by striking out "Indian controlled contract schools (hereinafter referred to as 'contract schools')" in subsection (a) and
inserting in lieu thereof "contract schools", and
(2) by adding at the end thereof the following new subsection:
"(kxlXA) The Secretary shall only consider the factors described
in subparagraphs (B) andiC) in reviewing"(i) applications from any tribe for the awarding of a contract
or grant for a school that has not previously received funds from
the Bureau,
"(ii) applications from any tribe or Bureau school board for"(I) a school which has not previously been operated or
funded by the Bureau, or
"(II) the expansion of any program currently funded by
the Bureau which would increase the amount of funds
received by the Indian tribe or school board under section
I 128.
The Secretary shall give consideration to all of such factors, but
none of such applications may be denied based primarily upon the
geographic proximity 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 affected areas;
"(iii) adequacy of the applicant's program plans or, in the case
of a Bureau operated program, of projected needs analysis done
either by a tribe or by Bureau personnel;
"(iv) geographic proximity of comparable public education;
and
"(v) the stated needs of all affected parties, including (but not
limited to) students, families, tribal governments at both the
central and local levels, and school organizations.
"(C) The Secretary shall consider with respect to applications
described in subparagraph (A) the following factors relating to all

102STAT.366

PUBLICLAW 100-297-APR.28,1988

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 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 and not
just standardized examination performance.
"(2)(A) The Secretary shall make a determination of whether to
approve any application described in paragraph (1XA) by no 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 described in subparagraph (A), the application shall be treated as
having been approved by the Secretary.
"(3XA) Any application described in paragraph (l)(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 ofthe application, and
"(ii) written evidence of such approval is submitted with the
application.
' "(B) Each application described in paragraph (lXA)"(i) shall provide information concerning each of the factors
described in paragraph (lXB), and
"(ii) may provide information concerning the factors described
in paragraph (1XC).
"(4) Whenever the Secretary makes a determination to deny
approval of any application deicribed in paragraph (lXA), the Seiretary shall"(A) state the objections in writing to the applicant by no
later than the date that is 180 days after the day on which the
application is submitted to the Secretary,
"(B) provide assistance to the applicant to overcome stated
objections, and
"(C) provide the applicant a hearing, under the same rules
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 of any application described in paragraph (lXA)
that is approved by the Secretary shall become effective with the
commencement of the academic year succeeding the fiscal year in
which the application is approved, or at an earlier date determined
by the Secretary.
"(B) If an application is treated as having been approved by the
Secretary by reason of paragraph (2XB), the action that is the
subject of the application shall become effective on the date that is
18 months after the date on which the application is submitted to
the Secretary, or at an earlier date determined by the Secretary.
"(6XA) Any application for expansion of the grade levels offered
by a tribally controlled school which has been submitted to the
Secretary prior to the date of enactment of this Act shall be
reviewed under the regulations and guidelines in effect on the date

PUBLIC LAW 100-29?-APR. 28, 1988

102 STAT. 36?

on which such application was submitted, unlessthe applicant elects
to have the provisions of this subsectionapply to the review of such
application.
"(B) Notwithstanding any other provision of law, if the school
board of the Bureau funded schoolsat the Pueblo of Zia and the
Tama Settlement vote within the 2-year period beginning on the
date of enactment of the Indian Education Amendments of 1988to
expand each of the schoolsto include kindergarten through grade 8,
the schoolsshall be so expandedat the beginning of the next school
year occurring after the vote.".
SEC.5105.DORMITORY CRITERIA.

Section 1722 of the Education Amendments of 1978 (25 U.S.C.
2002) is amended by redesignating subsection (d) as subsection (e)
and inserting after subsection (c) the following new subsection:
"(dX1) The criteria established under this section may be waived
in the same manner as the standards provided under section 1121(b)
may be waived under section 1121(d).
"(2) No school in operation on or before January 1, 1987 (regardless of compliance or noncompliance with the criteria established
under this section) may be closed, transferred to another authority,
consolidated or have its program substantially curtailed for failure
to meet the criteria.
"(3) By no later than May 1, 1989, the Secretary shall submit to Reports.
the Congress a report detailing the costs associated with, and the
actions necessary for, complete compliance with the criteria estab
lished under this section.".
SEC.5106.REGULATTONS.
Section 1123 of the Education Amendments of 7978 Q5 U.S.C.
2003) is amended to read as follows:
t'REGUT-AtIoNs

"Snc. 1123. (a) The provisions of part 32 of title 25 of the Code of
Federal Regulations, as in effect on January 1, 198?, are hereby
incorporated into this Act and shall be treated as though such
provisions are set forth in this subsection. Accordingly, such provisions may be altered only by means of an amendment to this
subsection that is contained in an Act or joint resolution which is
enacted into law. To the extent that such provisions of part 32 do not
conform with this Act or any statutory provision of law enacted
before the date of enactment of this Act, the provisions of this Act
and the provisions of such other statutory law shall govern.
"(b) The provisions of parts 31, 33, 36, 39, 42, and.43 of title 25 of
the Code of Federal Regulations, as in effect on January 1, 1987,
shall be applied by the Federal Government and shall not, before
July l, 1989, be amended, revoked, or altered in any manner. No
officer or employee of the Executive Branch shall have the authority
to issue any other regulations, prior to July 1, 1989, that supersede,
supplement, or otherwise affect the provisions of such parts. To the
extent that the provisions of such parts do not conform with this Act
or any statutory provision of law enacted before the date of enactment of this Act, the provisions of this Act and the provisions of
such other statutory law shall govern.

102STAT.368

PUBLICLAW 100-297-APR.28. 1988

"(c) After June 30, 1989,no regulation prescribedfor the application of any program provided under this title shall becomeeffective
unless"(1) the regulation has been published as a proposedregulation in the Federal Register,
"(2) an opportunity of no less than 90 days has been afforded
the public to comment on the published proposed regulation,
and
"(3) the regulation has, after such period for public comment,
been published in the Federal Register as a final regulation.
"(d) For purpmes of this section, the term 'regulation' means any
rules, regulations, guidelines, interpretations, orders, or requirements of general applicability prescribedby any officer or employee
of the ExecutiveBranch.".
FORMULAMODIFICATIONS.
SEC.5107.
(a) In GnNnnll(1) Paragraph (1) of section 1128(c)of the Education Amendments of 1978 (25 U.S.C. 2008(cXl)) is amended to read as
follows:
"(1) For fiscal year 1990, and for each subsequent fiscal year,
the Secretary shall adjust the formula established under subsection (a) to"(A) use a weighted unit of 7.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school;
"(B) consider a school with an average daily attendance of
less than 50 eligible Indian students as having an average
daily attendance of 50 eligible Indian students for purposes
of implementing the adjustment factor for small schools;
and
"(C) take into account the provision ofresidential services
on a less than 9-month basis at a school when the school
board and supervisor of the school determine that a less
than 9-month basis will be implemented for the school year
involved.".
(2) Subsection (c) of section 1128 of the Education Amendments of 19?8 (25 U.S.C. 2008(c)) is amended by adding at the
end thereof the following new paragraphs:
"(4XA) The Secretary shall adjust the formula established
under subsection (a) to use a weighted unit of 2.0 for each
eligible Indian student that"(i) is gifted and talented (as determined pursuant to
section 5324 of the Indian Education Amendments of 1988),
and
"(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served by
the school.
"(B) The adjustment required under subparagraph (A) shall
be used for the later of the following fiscal years and for each
fiscal year succeeding such later fiscal year:
"(i) the second frscal year succeeding the fiscal year in
which the Secretary of Education makes the report required under section 5324(cX6XB)of the Indian Education
Act of 1988, or

PUBLIC LAW 100-297-APR. 28, L988

102STAT.369

"(ii) the frrst fiscal year for which an increase in the
amount of funds appropriated for allotment under this
section is designated by the law that appropriates such
funds as the amount necessary to implement such adjustment without reducing allotments made under this section
to any school.
"(5) For each of the fiscal years 1989 and 1990, the Secretary
shall adjust the formula established under subsection (a) to
provide funding to schools operated by Indian tribes that are
treated under State law as political subdivisions of the State in
an amount sufficient to enable the schools to meet standards
imposed by the State.".
(b) Stunv.(1) The Comptroller General of the United States (hereafter in
this subsection referred to as the "Comptroller General") shall
conduct a study to determine(A) the number of children who(i) are 3 or 4 years of age,
(ii) are eligible for services provided by the Bureau of
Indian Affairs of the Department of the Interior, and
(iii) are handicapped children (within the meaning of
section 602(1)of the Education of the Handicapped Act

20usc 141r
note.

(20u.s.c.401(1)),

(B) the geographic disbursement of such children,
(C) the number of such children who the Comptroller
General estimates will receive services under the pre-school
set-aside program under Public Law 99-457,
(D) the sufficiency of the pre-school services described in
subparagraph (C),
(E) the unmet needs of such children.
(F) the number of such children who the Comptroller
General estimates will attend education programs (schools
or residential programs) funded by the Bureau, and
(G) the information described in subparagraphs (B), (C),
(D), and (E) with respect to the children described in
subparagraph (F).
(2) By no later than the date that is 1 year after the date of
enactment of this Act, the Comptroller General shall submit to the
Congress a report on the study conducted under paragraph (1).

Reports.

SEC.5108,ADMINISTRATIVE
COST.
(a) In Gnxnnal-The
Education Amendments of 19?8 (25 U.S.C.
2008) is amended by inserting after section Ll28 (25 U.S.C. 2008) the
following new section:
..ADMINISTRATIVE

COST GRANTS

"Src. 1128A. (aXl) The Secretary shall, subject to the availability
of appropriated funds, provide grants to each tribe or tribal
organization operating a contract school in the amount determined
under this section with respect to the tribe or tribal organization for
the purpose of paying the administrative and indirect costs incurred
in operating contract schools in order to"(A) enable tribes and tribal organizations operating such
schools, without reducing direct program services to the beneficiaries of the program, to provide all related administrative

25USC2008a.

102STAT.370

PUBLIC LAW 100-297-APR. 28, 1988

overhead services and operations necessaryto meet the requirements of law and prudent management practice, and
"(B) carry out other necessary support functions which would
otherwise be proviFile Typeapplication/pdfFile Modified2008-10-09File Created2008-10-09