Education Amendments of 1978

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TITLE 25—INDIANS

sions formerly set out as a note under section 2001 of
this title] may be cited as the ‘Indian Education Technical Amendments Act of 1985’.’’
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98–511, title V, § 501(a), Oct. 19, 1984, 98 Stat.
2391, provided that: ‘‘This title [enacting sections 2020
to 2023 of this title, amending sections 2001, 2004, 2006,
2008, 2009, 2011, 2012, 2016, 2018 of this title, and sections
241aa to 241ff, 1211a, 1221g, 3385, 3385a, and 3385b of Title
20, Education, and enacting provisions set out as a note
under section 241ff of Title 20] may be cited as the ‘Indian Education Amendments of 1984’.’’
BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS
Pub. L. 112–74, div. E, title I, § 115, Dec. 23, 2011, 125
Stat. 1009, as amended by Pub. L. 113–235, div. F, title
I, § 116, Dec. 16, 2014, 128 Stat. 2421; Pub. L. 114–113, div.
G, title I, § 113, Dec. 18, 2015, 129 Stat. 2550, provided
that:
‘‘(a)(1) Notwithstanding any other provision of law or
Federal regulation, including section 586(c) of title 40,
United States Code, the Director of the BIE [Bureau of
Indian Education], or the Director’s designee, is authorized to enter into agreements with public and private persons and entities that provide for such persons
and entities to rent or lease the land or facilities of a
Bureau-operated school for such periods of time as the
school is Bureau operated, in exchange for a consideration (in the form of funds) that benefits the school, as
determined by the head of the school.
‘‘(2) Funds received under paragraph (1) shall be retained by the school and used for school purposes
otherwise authorized by law. Any funds received under
paragraph (1) are hereby made available until expended
for such purposes, notwithstanding section 3302 of title
31, United States Code.
‘‘(3) Nothing in this section shall be construed to
allow for the diminishment of, or otherwise affect, the
appropriation of funds to the budget accounts for the
operation and maintenance of Bureau-operated schools.
No funds shall be withheld from the distribution to the
budget of any Bureau-operated school due to the receipt by the school of a benefit in accordance with this
section.
‘‘(b) Notwithstanding any provision of title 5, United
States Code, or any regulation promulgated under such
title, education personnel who are under the direction
and supervision of the Secretary of the Interior may
participate in a fundraising activity for the benefit of
a Bureau-operated school in an official capacity as part
of their official duties. When participating in such an
official capacity, the employee may use the employee’s
official title, position, and authority. Nothing in this
subsection shall be construed to authorize participation in political activity (as such term is used in section 7324 of title 5, United States Code) otherwise prohibited by law.
‘‘(c) The Secretary of the Interior shall promulgate
regulations to carry out this section not later than 16
months after the date of the enactment of this Act
[Dec. 23, 2011]. Such regulations shall include—
‘‘(1) standards for the appropriate use of Bureau-operated school lands and facilities by third parties
under a rental or lease agreement;
‘‘(2) provisions for the establishment and administration of mechanisms for the acceptance of consideration for the use and benefit of a school in accordance
with this section (including, in appropriate cases, the
establishment and administration of trust funds);
‘‘(3) accountability standards to ensure ethical conduct; and
‘‘(4) provisions for monitoring the amount and
terms of consideration received, the manner in which
the consideration is used, and any results achieved by
such use.
‘‘(d) Provisions of this section shall apply to fiscal
years 2012 through 2027.’’
THERAPEUTIC MODEL DEMONSTRATION SCHOOLS
Pub. L. 103–382, title V, § 566, Oct. 20, 1994, 108 Stat.
4059, provided that:

§ 2001

‘‘(a) AUTHORIZATION.—
‘‘(1) IN GENERAL.—The Secretary of the Interior,
acting through the Bureau of Indian Affairs, is authorized to establish demonstration schools, based on
the therapeutic model described in this section, to
provide services necessary to achieve positive
changes in the attitudes, behavior, and academic performance of Indian youth attending off-reservation
boarding schools.
‘‘(2) PURPOSE.—The purpose of the therapeutic
model demonstration schools is—
‘‘(A) to provide a program, based on an annual
written plan, linking clinicians, counselors, and
mental health professionals with academic program
personnel in a culturally sensitive residential program tailored to the particular needs of Indian students;
‘‘(B) to provide for a continued evaluation of the
planning and implementation of the therapeutic
model in the designated schools; and
‘‘(C) to determine what steps the Bureau of Indian
Affairs must take and what resources are required
to transform existing off-reservation boarding
schools to meet the needs of chemically dependent,
emotionally disturbed, socially troubled, or other
at-risk Indian youth who attend such schools.
‘‘(b) LOCATION.—The Secretary shall initiate the
therapeutic model at two schools during school years
1994 through 1996, and shall give priority to—
‘‘(1) one school that is the recipient of a grant
under section 5204 of the August [Augustus] F. Hawkins-Robert T. Stafford Elementary and Secondary
School Improvement Amendments of 1988 [25 U.S.C.
2503] during the 1994–1995 school year; and
‘‘(2) one school operated by the Bureau of Indian Affairs during the 1995–1996 school year.
‘‘(c) SERVICES.—The demonstration schools shall provide an integrated residential environment that may
include—
‘‘(1) mental health services;
‘‘(2) education;
‘‘(3) recreation therapy;
‘‘(4) social service programs;
‘‘(5) substance abuse education and prevention; and
‘‘(6) other support services for aftercare.
‘‘(d) STAFFING.—The demonstration schools shall be
staffed with health and social service professionals, and
educators, and may include—
‘‘(1) clinical psychologists;
‘‘(2) child psychologists;
‘‘(3) substance abuse counselors;
‘‘(4) social workers; and
‘‘(5) health educators.
‘‘(e) ENROLLMENT.—Notwithstanding any other provision of law, the Secretary of the Interior may limit the
enrollment at the demonstration schools.
‘‘(f) ASSISTANCE.—The Secretary is authorized to
enter into agreements with other organizations and
agencies, including the Indian Health Service, to carry
out this section.
‘‘(g) REPORT.—Not later than July 31 of each year, the
Secretary of the Interior shall submit a report to the
Committee on Indian Affairs of the Senate and the
Committee on Education and Labor of the House of
Representatives on the progress of the Department of
the Interior in the development of the demonstration
schools.’’

§ 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

§ 2001

TITLE 25—INDIANS

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.
1 See

References in Text note below.

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TITLE 25—INDIANS

(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
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);

§ 2001

(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—
(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—
2 So

in original. Probably should be ‘‘Regulations,’’.

§ 2001

TITLE 25—INDIANS

(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.

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(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. 5321 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 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

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TITLE 25—INDIANS

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 Self-Determination Act [25
U.S.C. 5321 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. 5324(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 Self-Determination Act [25 U.S.C.
5321 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 SelfDetermination Act [25 U.S.C. 5321 et seq.],
prior to 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, estab-

§ 2001

lish 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), 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

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TITLE 25—INDIANS

the Bureau or 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.

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(e) Application for contracts or grants for nonBureau-funded schools or expansion of Bureau-funded 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 Bureaufunded 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
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 Bureaufunded 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

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(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. 5301 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
(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.)
REFERENCES IN TEXT
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, which is classified principally to
subchapter I (§ 5321 et seq.) of chapter 46 of this title.
For complete classification of this Act to the Code, see
Short Title note set out under section 5301 of this title
and Tables.

§ 2002

TITLE 25—INDIANS

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, 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, which is classified
principally to chapter 46 (§ 5301 et seq.) of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 5301 of this title
and Tables.
PRIOR PROVISIONS
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.
AMENDMENTS
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.’’
EFFECTIVE DATE
Section effective Jan. 8, 2002, except with respect to
certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as a note
under section 6301 of Title 20, Education.
CHANGE OF NAME
Committee on Education and the Workforce of House
of Representatives changed to Committee on Education
and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9,
2019.
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House

Page 370

of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 2002. National criteria for home-living situations
(a) Revision of standards
(1) In general
The Secretary, in consultation with the Secretary of Education, Indian organizations and
tribes, and Bureau-funded schools, shall revise
the national standards for home-living (dormitory) situations to include such factors as
heating, lighting, cooling, adult-child ratios,
needs for counselors (including special needs
related to off-reservation home-living (dormitory) situations), therapeutic programs,
space, and privacy.
(2) Implementation
Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.
(3) Revision after establishment
Once established, any revisions of such
standards shall be developed according to the
requirements established under section 2017 of
this title.
(b) Implementation
The Secretary shall implement the revised
standards established under this section immediately upon completion of the standards.
(c) Plan
(1) In general
The Secretary shall submit to the appropriate committees of Congress, the tribes, and
the affected schools, and publish in the Federal Register, a detailed plan to bring all Bureau-funded schools that provide home-living
(dormitory) situations up to the standards established under this section.
(2) Components of plan
The plan described in paragraph (1) shall include—
(A) a statement of the relative needs of
each Bureau-funded home-living (dormitory)
school;
(B) projected future needs of each Bureaufunded home-living (dormitory) school;
(C) detailed information on the status of
each school in relation to the standards established under this section;
(D) specific cost estimates for meeting
each standard for each such school;
(E) aggregate cost estimates for bringing
all such schools into compliance with the
criteria established under this section; and
(F) specific timelines for bringing each
school into compliance with such standards.
(d) Waiver
(1) In general
A tribal governing body or local school
board may, in accordance with this subsection, waive the standards established under
this section for a school described in subsection (a).
(2) Inappropriate standards
(A) In general
A tribal governing body, or the local
school board so designated by the tribal gov-