Accreditation for the Basic Education of Indian Children in Bureau of Indian Affairs Schools

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25 U.S.C.
United States Code, 2009 Edition
Title 25 - INDIANS
CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2001 - Accreditation for the basic education of Indian children in Bureau of Indian Affairs schools
From the U.S. Government Publishing Office, www.gpo.gov

§2001. Accreditation for the basic education of Indian children in Bureau of
Indian Affairs schools
(a) Purpose; declarations of purpose
(1) Purpose
The purpose of the accreditation required under this section shall be to ensure that Indian
students being served by a school funded by the Bureau of Indian Affairs are provided with
educational opportunities that equal or exceed those for all other students in the United States.
(2) Declarations of purpose
Local school boards for schools operated by the Bureau of Indian Affairs, in cooperation and
consultation with the appropriate tribal governing bodies and their communities, are encouraged to
adopt declarations of purpose for education for their communities, taking into account the
implications of such declarations on education in their communities and for their schools. In
adopting such declarations of purpose, the school boards shall consider the effect the declarations
may have on the motivation of students and faculties.
(b) Accreditation
(1) Deadline
(A) In general
Not later than 24 months after January 8, 2002, each Bureau-funded school shall, to the
extent that necessary funds are provided, be a candidate for accreditation or be accredited—
(i) by a tribal accrediting body, if the accreditation standards of the tribal accrediting body
have been accepted by formal action of the tribal governing body and such accreditation is
acknowledged by a generally recognized State certification or regional accrediting agency;
(ii) by a regional accreditation agency;
(iii) by State accreditation standards for the State in which the Bureau-funded school is
located; or
(iv) in the case of a Bureau-funded school that is located on a reservation that is located in
more than one State, in accordance with the State accreditation standards of one State as
selected by the tribal government.
(B) Feasibility study
Not later than 12 months after January 8, 2002, the Secretary of the Interior and the Secretary
of Education shall, in consultation with Indian tribes, Indian education organizations, and
accrediting agencies, develop and submit to the appropriate committees of Congress a report on
the desirability and feasibility of establishing a tribal accreditation agency that would—
(i) review and acknowledge the accreditation standards for Bureau-funded schools; and
(ii) establish accreditation procedures to facilitate the application, review of the standards
and review processes, and recognition of qualified and credible tribal departments of
education as accrediting bodies serving tribal schools.
(2) Determination of accreditation to be applied
The accreditation type applied for each school shall be determined by the tribal governing body,
or the school board, if authorized by the tribal governing body.
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(3) Assistance to school boards
(A) In general
The Secretary, through contracts and grants, shall provide technical and financial assistance
to Bureau-funded schools, to the extent that necessary amounts are made available, to enable
such schools to obtain the accreditation required under this subsection, if the school boards
request that such assistance, in part or in whole, be provided.
(B) Entities through which assistance may be provided
The Secretary may provide such assistance directly or through the Department of Education,
an institution of higher education, a private not-for-profit organization or for-profit organization,
an educational service agency, or another entity with demonstrated experience in assisting
schools in obtaining accreditation.
(4) Application of current standards during accreditation
A Bureau-funded school that is seeking accreditation shall remain subject to the standards
issued under this section 1 and in effect on the day before January 8, 2002, until such time as the
school is accredited, except that if any of such standards are in conflict with the standards of the
accrediting agency, the standards of such agency shall apply in such case.
(5) Annual report on unaccredited schools
Not later than 90 days after the end of each school year, the Secretary shall prepare and submit
to the Committee on Appropriations, the Committee on Education and the Workforce, and the
Committee on Resources of the House of Representatives and the Committee on Appropriations,
the Committee on Indian Affairs, and the Committee on Health, Education, Labor, and Pensions of
the Senate, a report concerning unaccredited Bureau-funded schools that—
(A) identifies those Bureau-funded schools that fail to be accredited or to be candidates for
accreditation within the period provided for in paragraph (1);
(B) with respect to each Bureau-funded school identified under subparagraph (A), identifies
the reasons that each such school is not accredited or a candidate for accreditation, as
determined by the appropriate accreditation agency, and a description of any possible way in
which to remedy such nonaccreditation; and
(C) with respect to each Bureau-funded school for which the reported reasons for the lack of
accreditation under subparagraph (B) are a result of the school's inadequate basic resources,
contains information and funding requests for the full funding needed to provide such schools
with accreditation, such funds if provided shall be applied to such unaccredited school under
this paragraph.
(6) Opportunity to review and present evidence
(A) In general
Prior to including a Bureau-funded school in an annual report required under paragraph (5),
the Secretary shall—
(i) ensure that the school has exhausted all administrative remedies provided by the
accreditation agency; and
(ii) provide the school with an opportunity to review the data on which such inclusion is
based.
(B) Provision of additional information
If the school board of a school that the Secretary has proposed for inclusion in an annual
report under paragraph (5) believes that such inclusion is in error, the school board may provide
to the Secretary such information as the board believes is in conflict with the information and
conclusions of the Secretary with respect to the determination to include the school in such
annual report. The Secretary shall consider such information provided by the school board
before making a final determination concerning the inclusion of the school in any such report.
(C) Publication of accreditation status
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Not later than 30 days after making an initial determination to include a school in an annual
report under paragraph (5), the Secretary shall make public the final determination on the
accreditation status of the school.
(7) School plan
(A) In general
Not later than 120 days after the date on which a school is included in an annual report under
paragraph (5), the school shall develop a school plan, in consultation with interested parties
including parents, school staff, the school board, and other outside experts (if appropriate), that
shall be submitted to the Secretary for approval. The school plan shall cover a 3-year period and
shall—
(i) incorporate strategies that address the specific issues that caused the school to fail to be
accredited or fail to be a candidate for accreditation;
(ii) incorporate policies and practices concerning the school that have the greatest
likelihood of ensuring that the school will obtain accreditation during the 3-year period
beginning on the date on which the plan is implemented;
(iii) contain an assurance that the school will reserve the necessary funds, from the funds
described in paragraph (3), for each fiscal year for the purpose of obtaining accreditation;
(iv) specify how the funds described in clause (iii) will be used to obtain accreditation;
(v) establish specific annual, objective goals for measuring continuous and significant
progress made by the school in a manner that will ensure the accreditation of the school
within the 3-year period described in clause (ii);
(vi) identify how the school will provide written notification about the lack of accreditation
to the parents of each student enrolled in such school, in a format and, to the extent
practicable, in a language the parents can understand; and
(vii) specify the responsibilities of the school board and any assistance to be provided by
the Secretary under paragraph (3).
(B) Implementation
A school shall implement the school plan under subparagraph (A) expeditiously, but in no
event later than the beginning of the school year following the school year in which the school
was included in the annual report under paragraph (5) so long as the necessary resources have
been provided to the school.
(C) Review of plan
Not later than 45 days after receiving a school plan, the Secretary shall—
(i) establish a peer-review process to assist with the review of the plan; and
(ii) promptly review the school plan, work with the school as necessary, and approve the
school plan if the plan meets the requirements of this paragraph.
(8) Corrective action
(A) Definition
In this subsection, the term “corrective action” means any action that—
(i) substantially and directly responds to—
(I) the failure of a school to achieve accreditation; and
(II) any underlying staffing, curriculum, or other programmatic problem in the school
that contributed to the lack of accreditation; and
(ii) is designed to increase substantially the likelihood that the school will be accredited.
(B) Waiver
The Secretary shall grant a waiver which shall exempt a school from any or all of the
requirements of this paragraph and paragraph (7) (though such school shall be required to
comply with the standards contained in part 36 of title 25, Code of Federal Register,2 as in
effect on January 8, 2002) if the school—
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(i) is identified in the report described in paragraph (5)(C); and
(ii) fails to be accredited for reasons that are beyond the control of the school board, as
determined by the Secretary, including, but not limited to—
(I) a significant decline in financial resources;
(II) the poor condition of facilities, vehicles, or other property; and
(III) a natural disaster.
(C) Duties of Secretary
After providing assistance to a school under paragraph (3), the Secretary shall—
(i) annually review the progress of the school under the applicable school plan to determine
whether the school is meeting, or making adequate progress toward achieving the goals
described in paragraph (7)(A)(v) with respect to reaccreditation or becoming a candidate for
accreditation;
(ii) except as provided in subparagraph (B), continue to provide assistance while
implementing the school's plan, and, if determined appropriate by the Secretary, take
corrective action with respect to the school if it fails to be accredited at the end of the third
full year immediately following the date that the school's plan was first in effect under
paragraph (7);
(iii) provide all students enrolled in a school that is eligible for a corrective action
determination by the Secretary under clause (ii) with the option to transfer to another public
or Bureau-funded school, including a public charter school, that is accredited;
(iv) promptly notify the parents of children enrolled in a school that is eligible for a
corrective action determination by the Secretary under clause (ii) of the option to transfer
their child to another public or Bureau-funded school; and
(v) provide, or pay for the provision of, transportation for each student described in clause
(iii) to the school described in clause (iii) to which the student elects to be transferred to the
extent funds are available, as determined by the tribal governing body.
(D) Failure of school plan of Bureau-operated school
With respect to a Bureau-operated school that fails to be accredited at the end of the third full
year immediately following the date that the school's plan was first in effect under paragraph
(7), the Secretary may take one or more of the following corrective actions:
(i) Institute and fully implement actions suggested by the accrediting agency.
(ii) Consult with the tribe involved to determine the causes for the lack of accreditation
including potential staffing and administrative changes that are or may be necessary.
(iii) Set aside a certain amount of funds that may only be used by the school to obtain
accreditation.
(iv)(I) Provide the tribe with a 60-day period during which to determine whether the tribe
desires to operate the school as a contract or grant school before meeting the accreditation
requirements in section 5207(c) of the Tribally Controlled Schools Act of 1988 1 at the
beginning of the next school year following the determination to take corrective action. If the
tribe agrees to operate the school as a contract or grant school, the tribe shall prepare a plan,
pursuant to paragraph (7), for approval by the Secretary in accordance with paragraph (7), to
achieve accreditation.
(II) If the tribe declines to assume control of the school, the Secretary, in consultation with
the tribe, may contract with an outside entity, consistent with applicable law, or appoint a
receiver or trustee to operate and administer the affairs of the school until the school is
accredited. The outside entity, receiver, or trustee shall prepare a plan, pursuant to paragraph
(7), for approval by the Secretary in accordance with paragraph (7).
(III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to
operate the school as a grant or contract school, or if the school is being controlled by an
outside entity, provide the tribe with the option to assume operation of the school as a
contract school, in accordance with the Indian Self-Determination Act [25 U.S.C. 450f et
seq.], or as a grant school in accordance with the Tribally Controlled Schools Act of 1988 [25
U.S.C. 2501 et seq.], at the beginning of the school year following the school year in which
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the school obtains accreditation. If the tribe declines, the Secretary may allow the outside
entity, receiver, or trustee to continue the operation of the school or reassume control of the
school.
(E) Failure of school plan of contract or grant school
(i) Corrective action
With respect to a contract or grant school that fails to be accredited at the end of the third
full year immediately following the date that the school's plan was first in effect under
paragraph (7), the Secretary may take one or more of the corrective actions described in
subparagraph (D)(i) and (D)(ii). The Secretary shall implement such corrective action for at
least 1 year prior to taking any action described under clause (ii).
(ii) Outside entity
If the corrective action described in clause (i) does not result in accreditation of the school,
the Secretary, in conjunction with the tribal governing body, may contract with an outside
entity to operate the school in order to achieve accreditation of the school within 2 school
years. Prior to entering into such a contract, the Secretary shall develop a proposal for such
operation which shall include, at a minimum, the following elements:
(I) The identification of one or more outside entities each of which has demonstrated to
the Secretary its ability to develop a satisfactory plan for achieving accreditation and its
willingness and availability to undertake such a plan.
(II) A plan for implementing operation of the school by such an outside entity, including
the methodology for oversight and evaluation of the performance of the outside entity by
the Secretary and the tribe.
(iii) Proposal amendments
The tribal governing body shall have 60 days to amend the plan developed pursuant to
clause (ii), including identifying another outside entity to operate the school. The Secretary
shall reach agreement with the tribal governing body on the proposal and any such
amendments to the plan not later than 30 days after the expiration of the 60-day period
described in the preceding sentence. After the approval of the proposal and any amendments,
the Secretary, with continuing consultation with such tribal governing body, shall implement
the proposal.
(iv) Accreditation
Upon accreditation of the school, the tribe shall have the option to assume the operation
and administration of the school as a contract school after complying with the Indian SelfDetermination Act [25 U.S.C. 450f et seq.], or as a grant school, after complying with the
Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.], at the beginning of the
school year following the year in which the school obtains accreditation.
(v) Retrocede
Nothing in this subparagraph shall limit a tribe's right to retrocede operation of a school to
the Secretary pursuant to section 105(e) of the Indian Self-Determination Act [25 U.S.C.
450j(e)] (with respect to a contract school) or section 5204(f) of the Tribally Controlled
Schools Act of 1988 1 (with respect to a grant school).
(vi) Consistent
The provisions of this subparagraph shall be construed to be consistent with the provisions
of the Tribally Controlled Schools Act of 1988 [25 U.S.C. 2501 et seq.] and the Indian SelfDetermination Act [25 U.S.C. 450f et seq.] as in effect on the day before January 8, 2002, and
shall not be construed as expanding the authority of the Secretary under any other law.
(F) Hearing
With respect to a school that is operated pursuant to a grant, or a school that is operated under
a contract under the Indian Self-Determination Act [25 U.S.C. 450f et seq.], prior to
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implementing any corrective action under this paragraph, the Secretary shall provide notice and
an opportunity for a hearing to the affected school pursuant to section 5207 of the Tribally
Controlled Schools Act of 1988.1
(9) Statutory construction
Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and
procedures afforded to school employees under applicable law (including applicable regulations or
court orders) or under the terms of any collective bargaining agreement, memorandum of
understanding, or other agreement between such employees and their employers.
(10) Fiscal control and fund accounting standards
The Bureau shall, either directly or through contract with an Indian organization, establish a
consistent system of reporting standards for fiscal control and fund accounting for all contract and
grant schools. Such standards shall provide data comparable to those used by Bureau-operated
schools.
(c) Annual plan
(1) In general
Except as provided in subsection (b) of this section, the Secretary shall implement the standards
in effect under this section 1 on the day before January 8, 2002.
(2) Plan
On an annual basis, the Secretary shall submit to the appropriate committees of Congress, all
Bureau-funded schools, and the tribal governing bodies of such schools a detailed plan to ensure
that all Bureau-funded schools are accredited, or if such schools are in the process of obtaining
accreditation that such schools meet the Bureau standards in effect on the day before January 8,
2002, to the extent that such standards do not conflict with the standards of the accrediting agency.
Such plan shall include detailed information on the status of each school's educational program in
relation to the applicable standards, specific cost estimates for meeting such standards at each
school, and specific timelines for bringing each school up to the level required by such standards.
(d) Closure or consolidation of schools
(1) In general
Except as specifically required by law—
(A) no Bureau-funded school or dormitory operated on or after January 1, 1992, may be
closed, consolidated, or transferred to another authority; and
(B) no program of such a school may be substantially curtailed except in accordance with the
requirements of this subsection.
(2) Exceptions
This subsection (other than this paragraph) shall not apply—
(A) in those cases in which the tribal governing body for a school, or the local school board
concerned (if designated by the tribal governing body to act under this paragraph), requests the
closure, consolidation, or substantial curtailment; or
(B) if a temporary closure, consolidation, or substantial curtailment is required by facility
conditions that constitute an immediate hazard to health and safety.
(3) Regulations
The Secretary shall, by regulation, promulgate standards and procedures for the closure, transfer
to another authority, consolidation, or substantial curtailment of Bureau schools, in accordance
with the requirements of this subsection.
(4) Notice
(A) In general
In a case in which closure, transfer to another authority, consolidation, or substantial
curtailment of a school is under active consideration or review by any division of the Bureau or
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the Department of the Interior, the affected tribe, tribal governing body, and designated local
school board will be notified immediately in writing, kept fully and currently informed, and
afforded an opportunity to comment with respect to such consideration or review.
(B) Decision to close
If a formal decision is made to close, transfer to another authority, consolidate, or
substantially curtail a school, the affected tribe, tribal governing body, and designated school
board shall be notified not later than 180 days before the end of the school year preceding the
proposed closure date.
(C) Copies
Copies of any such notices and information shall be—
(i) submitted promptly to the appropriate committees of Congress; and
(ii) published in the Federal Register.
(5) Report
The Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the
designated school board, a report describing the process of the active consideration or review
referred to in paragraph (4) that includes—
(A) a study of the impact of such action on the student population;
(B) a description of those students with particular educational and social needs;
(C) recommendations to ensure that alternative services are available to such students; and
(D) a description of the consultation conducted between the potential service provider,
current service provider, parents, tribal representatives and the tribe or tribes involved, and the
Director of the Office of Indian Education Programs within the Bureau regarding such students.
(6) Limitation on certain actions
No irrevocable action may be taken in furtherance of any such proposed school closure, transfer
to another authority, consolidation, or substantial curtailment (including any action which would
prejudice the personnel or programs of such school) prior to the end of the first full academic year
after such report is made.
(7) Approval of Indian tribes
The Secretary shall not terminate, close, consolidate, contract, transfer to another authority, or
take any other action relating to an elementary school or secondary school (or any program of such
a school) of an Indian tribe without the approval of the governing body of any Indian tribe that
would be affected by such an action.
(e) Application for contracts or grants for non-Bureau-funded schools or expansion of Bureaufunded schools
(1) Review by Secretary
(A) Consideration of factors
(i) In general
The Secretary shall consider only the factors described in subparagraph (B) 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 2007 of this title.
(ii) No denial based on geographic proximity
With respect to applications described in this subparagraph, the Secretary shall give
consideration to all factors described in subparagraph (B), but no such application shall be
denied based primarily upon the geographic proximity of comparable public education.
(B) Factors
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With respect to applications described in subparagraph (A), the Secretary shall consider the
following factors relating to the program and services that are the subject of the application:
(i) The adequacy of the facilities or the potential to obtain or provide adequate facilities.
(ii) Geographic and demographic factors in the affected areas.
(iii) The adequacy of the applicant's program plans or, in the case of a Bureau-funded
school, of projected needs analysis done either by the tribe or the Bureau.
(iv) Geographic proximity of comparable public education.
(v) The stated needs of all affected parties, including students, families, tribal governments
at both the central and local levels, and school organizations.
(vi) Adequacy and comparability of programs already available.
(vii) Consistency of available programs with tribal educational codes or tribal legislation
on education.
(viii) The history and success of those services for the proposed population to be served, as
determined from all factors, including standardized examination performance.
(2) Determination on application
(A) In general
Not later than 180 days after the date on which an application described in paragraph (1)(A)
is submitted to the Secretary, the Secretary shall make a determination of whether to approve
the application.
(B) Failure to make determination
If the Secretary fails to make a determination with respect to an application by the date
described in subparagraph (A), the application shall be deemed to have been approved by the
Secretary.
(3) Requirements for applications
(A) In general
Notwithstanding paragraph (2)(B), an application described in paragraph (1)(A) may be
approved by 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) Included information
Each application described in paragraph (1)(A) shall include information concerning each of
the factors described in paragraph (1)(B).
(4) Denial of applications
If the Secretary denies an application described in paragraph (1)(A), the Secretary shall—
(A) state the objections to the application in writing to the applicant not later than 180 days
after the date the application is submitted to the Secretary;
(B) provide assistance to the applicant to overcome the stated objections;
(C) provide to the applicant a hearing on the record regarding the denial, under the same rules
and regulations as apply under the Indian Self-Determination and Education Assistance Act [25
U.S.C. 450 et seq.]; and
(D) provide to the applicant a notice of the applicant's appeals rights and an opportunity to
appeal the decision resulting from the hearing under subparagraph (D).
(5) Effective date of a subject application
(A) In general
Except as otherwise provided in this paragraph, an action that is the subject of any application
described in paragraph (1)(A) that is approved by the Secretary shall become effective—
(i) at the beginning of the academic year following the fiscal year in which the application
is approved; or
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(ii) at an earlier date determined by the Secretary.
(B) Applications deemed approved
If an application is deemed to have been approved by the Secretary under paragraph (2)(B),
the action that is the subject of the application shall become effective—
(i) on the date that is 18 months after the date on which the application is submitted to the
Secretary; or
(ii) at an earlier date determined by the Secretary.
(6) Statutory construction
Nothing in this section or any other provision of law, shall be construed to preclude the
expansion of grades and related facilities at a Bureau-funded school, if such expansion is paid for
with non-Bureau funds. Subject to the availability of appropriated funds the Secretary is
authorized to provide the necessary funds needed to supplement the cost of operations and
maintenance of such expansion.
(f) Joint administration
Administrative, transportation, and program cost funds received by Bureau-funded schools, and
any program from the Department of Education or any other Federal agency for the purpose of
providing education or related services, and other funds received for such education and related
services from nonfederally funded programs, shall be apportioned and the funds shall be retained at
the school.
(g) General use of funds
Funds received by Bureau-funded schools from the Bureau of Indian Affairs, and under any
program from the Department of Education or any other Federal agency, for the purpose of providing
education or related services may be used for schoolwide projects to improve the educational
program for all Indian students.
(h) Study on adequacy of funds and formulas
(1) Study
The Comptroller General of the United States shall conduct a study to determine the adequacy
of funding, and formulas used by the Bureau to determine funding, for programs operated by
Bureau-funded schools, taking into account unique circumstances applicable to Bureau-funded
schools. The study shall analyze existing information gathered and contained in germane studies
that have been conducted or are currently being conducted with regard to Bureau-funded schools.
(2) Action
Upon completion of the study, the Secretary of the Interior shall take such action as necessary to
ensure distribution of the findings of the study to all affected Indian tribes, local school boards,
and associations of local school boards.
(Pub. L. 95–561, title XI, §1121, as added Pub. L. 107–110, title X, §1042, Jan. 8, 2002, 115 Stat.
2007; amended Pub. L. 109–54, title I, §127, Aug. 2, 2005, 119 Stat. 525.)
R
T
This section, referred to in subsec. (b)(4) and the second place appearing in subsec. (c)(1), mean section
1121 of Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 107–110. See Prior
Provisions notes below.
The Indian Self-Determination Act, referred to in subsec. (b)(8)(D) to (F), is title I of Pub. L. 93–638, Jan.
4, 1975, 88 Stat. 2206, as amended, which is classified principally to part A (§450f et seq.) of subchapter II of
chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under
section 450 of this title and Tables.
The Tribally Controlled Schools Act of 1988, referred to in subsec. (b)(8)(D) to (F), is part B (§§5201–
5212) of title V of Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 385, as amended, which is classified generally to
chapter 27 (§2501 et seq.) of this title. Sections 5204 and 5207 of the Act were classified to sections 2503 and
2506, respectively, of this title, prior to repeal by Pub. L. 107–110, title X, §1043, Jan. 8, 2002, 115 Stat. 2063.
Pub. L. 107–110 enacted new sections 5204 and 5207 which are classified to sections 2503 and 2506,
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respectively, of this title. Pub. L. 107–110 enacted new sections 5203 and 5206 of Pub. L. 100–297, relating to
subject matter similar to that of former sections 5204 and 5207, respectively, which are classified to sections
2502 and 2505, respectively, of this title. For complete classification of this Act to the Code, see Short Title
note set out under section 2501 of this title and Tables.
The Indian Self-Determination and Education Assistance Act referred to in subsec. (e)(4)(C), is Pub. L. 93–
638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (§450 et seq.) of
chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under
section 450 of this title and Tables.
P
P
A prior section 2001, Pub. L. 95–561, title XI, §1121, as added Pub. L. 103–382, title III, §381, Oct. 20,
1994, 108 Stat. 3979; amended Pub. L. 104–134, title I, §101(d) [title VII, §703(d)], Apr. 26, 1996, 110 Stat.
1321–211, 1321–255; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 105–
362, title VIII, §801(c)(1), Nov. 10, 1998, 112 Stat. 3287, related to standards for basic education of Indian
children in Bureau of Indian Affairs schools, prior to the general amendment of this chapter by Pub. L. 107–
110.
Another prior section 2001, Pub. L. 95–561, title XI, §1121, Nov. 1, 1978, 92 Stat. 2316; Pub. L. 96–46,
§2(b)(2)–(4), Aug. 6, 1979, 93 Stat. 341; Pub. L. 96–88, title III, §301(a)(1), title V, §507, Oct. 17, 1979, 93
Stat. 677, 692; Pub. L. 98–511, title V, §502, Oct. 19, 1984, 98 Stat. 2391; Pub. L. 99–89, §2, Aug. 15, 1985,
99 Stat. 379; Pub. L. 99–570, title IV, §4133(b)(3), Oct. 27, 1986, 100 Stat. 3207–134; Pub. L. 100–297, title
V, §§5102, 5104, Apr. 28, 1988, 102 Stat. 363, 365; Pub. L. 100–427, §1(a), (b), Sept. 9, 1988, 102 Stat. 1603;
Pub. L. 102–531, title III, §312(b), Oct. 27, 1992, 106 Stat. 3504, related to standards for basic education of
Indian children in Bureau or contract schools, prior to the general amendment of this chapter by Pub. L. 103–
382.
A
2005—Subsec. (d)(7). Pub. L. 109–54 added par. (7) and struck out heading and text of former par. (7). Text
read as follows: “The Secretary may, with the approval of the tribal governing body, terminate, contract,
transfer to any other authority, consolidate, or substantially curtail the operation or facilities of—
“(A) any Bureau-funded school that is operated on or after January 1, 1999;
“(B) any program of such a school that is operated on or after January 1, 1999; or
“(C) any school board of a school operated under a grant under the Tribally Controlled Schools Act of
1988.”
C
N
Committee on Education and the Workforce of House of Representatives changed to Committee on
Education and Labor of House of Representatives and Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One
Hundred Tenth Congress, Jan. 5, 2007.
1 See
2 So

References in Text note below.

in original. Probably should be “Regulations,”.

https://www.govinfo.gov/content/pkg/USCODE-2009-title25/html/USCODE-2009-title25-chap22-sec2001.htm

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