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25 U.S.C. § 2004 — School boundaries
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment by Secretary** The Secretary shall establish, by regulation, separate geographical attendance areas for each Bureau-funded school.
**(b) Establishment by tribal body** In any case where there is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing body, the relevant school boards of the Bureau-funded schools on the reservation may, by mutual consent, establish the relevant attendance areas for such schools, subject to the approval of the tribal governing body. Any such boundaries so established shall be accepted by the Secretary.
**(c) Boundary revisions**
(1) **Notice** — On or after July 1, 2001, no geographical attendance area shall be revised or established with respect to any Bureau-funded school unless the tribal governing body or the local school board concerned (if so designated by the tribal governing body) has been afforded—
(A) at least 6 months notice of the intention of the Bureau to revise or establish such attendance area; and
(B) the opportunity to propose alternative boundaries.
(2) **Revision process** — Any tribe may petition the Secretary for revision of existing attendance area boundaries. The Secretary shall accept such proposed alternative or revised boundaries unless the Secretary finds, after consultation with the affected tribe or tribes, that such revised boundaries do not reflect the needs of the Indian students to be served or do not provide adequate stability to all of the affected programs. The Secretary shall cause such revisions to be published in the Federal Register.
(3) **Tribal resolution determination** — Nothing in this section shall deny a tribal governing body the authority, on a continuing basis, to adopt a tribal resolution allowing parents
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Source location: Title 25, Chapter 22, § 2004; chapter-022-bureau-of-indian-affairs-programs.md
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**(a) Establishment by Secretary** The Secretary shall establish, by regulation, separate geographical attendance areas for each Bureau-funded school.
**(b) Establishment by tribal body** In any case where there is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing body, the relevant school boards of the Bureau-funded schools on the reservation may, by mutual consent, establish the relevant attendance areas for such schools, subject to the approval of the tribal governing body. Any such boundaries so established shall be accepted by the Secretary.
**(c) Boundary revisions**
(1) **Notice** — On or after July 1, 2001, no geographical attendance area shall be revised or established with respect to any Bureau-funded school unless the tribal governing body or the local school board concerned (if so designated by the tribal governing body) has been afforded—
(A) at least 6 months notice of the intention of the Bureau to revise or establish such attendance area; and
(B) the opportunity to propose alternative boundaries.
(2) **Revision process** — Any tribe may petition the Secretary for revision of existing attendance area boundaries. The Secretary shall accept such proposed alternative or revised boundaries unless the Secretary finds, after consultation with the affected tribe or tribes, that such revised boundaries do not reflect the needs of the Indian students to be served or do not provide adequate stability to all of the affected programs. The Secretary shall cause such revisions to be published in the Federal Register.
(3) **Tribal resolution determination** — Nothing in this section shall deny a tribal governing body the authority, on a continuing basis, to adopt a tribal resolution allowing parents the choice of the Bureau-funded school their children may attend, regardless of the attendance boundaries established under this section.
**(d) Funding restrictions**
(1) **In general** — The Secretary shall not deny funding to a Bureau-funded school for any eligible Indian student attending the school solely because that student’s home or domicile is outside of the geographical attendance area established for that school under this section.
(2) **Transportation** — No funding shall be made available without tribal authorization to enable a school to provide transportation for any student to or from the school and a location outside the approved attendance area of the school.
**(e) Reservation as boundary** When there is only one Bureau-funded program located on an Indian reservation—
(1) the attendance area for the program shall be the boundaries (established by treaty, agreement, legislation, court decisions, or executive decisions and as accepted by the tribe) of the reservation served; and
(2) those students residing near the reservation shall also receive services from such program.
**(f) Off-reservation home-living (dormitory) schools**
(1) **In general** — Notwithstanding any geographical attendance areas, attendance at off-reservation home-living (dormitory) schools shall include students requiring special emphasis programs to be implemented at each off-reservation home-living (dormitory) school.
(2) **Coordination** — Such attendance shall be coordinated between education line officers, the family, and the referring and receiving programs.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The grant provided under this chapter to an Indian tribe or tribal organization for any fiscal year shall consist of—
(1) the total amount of funds allocated for such fiscal year under sections 1127 and 1128 of the Education Amendments of 1978 [[25 U.S.C. 2007](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2007&num=0&edition=prelim), 2008] with respect to the tribally controlled schools eligible for assistance under this chapter which are operated by such Indian tribe or tribal organization, including, but not limited to, funds provided under such sections, or under any other provision of law, for transportation costs;
(2) to the extent requested by such Indian tribe or tribal organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding [section 5324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5324&num=0&edition=prelim), or any other provision of law, other facilities accounts for such schools for such fiscal year (including but not limited to those referenced under section 1126(d) of the Education Amendments of 1978 [[25 U.S.C. 2006(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2006/d&num=0&edition=prelim)] or any other law); and
(3) the total amount of funds that are allocated to such schools for such fiscal year under—
(A) title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.];
(B) the Individuals with Disabilities Education Act [[20 U.S.C. 1400](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1400&num=0&edition=prelim)
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2503
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Federal law — U.S. Code and appendices · legal_authorities
Page 404
TITLE 25—INDIANS
§ 2003
erning body, may waive, in whole or in part,
the standards established under this section
if such standards are determined by such
body or board to be inappropriate for the
needs of students from that tribe.
(B) Alternative standards
The tribal governing body or school board
involved shall, not later than 60 days after
providing a waiver under subparagraph (A)
for a school, submit to the Director a pro-
posal for alternative standards that take
into account the specific needs of the tribe’s
children. Such alternative standards shall be
established by the Director for the school in-
volved unless specifically rejected by the Di-
rector for good cause and in writing provided
to the affected tribes or local school board.
(e) Closure for failure to meet standards prohib-
ited
No school in operation on or before July 1, 1999
(regardless of compliance or noncompliance
with the standards established under this sec-
tion), may be closed, transferred to another au-
thority, or consolidated, and no program of such
a school may be substantially curtailed, because
the school failed to meet such standards.
(Pub. L. 95–561, title XI, § 1122, as added Pub. L.
107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2018.)
Editorial Notes
PRIOR PROVISIONS
A prior section 2002, Pub. L. 95–561, title XI, § 1122, as
added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108
Stat. 3984; amended Pub. L. 105–362, title VIII, § 801(c)(2),
Nov. 10, 1998, 112 Stat. 3288, related to national criteria
for dormitory situations, prior to the general amend-
ment of this chapter by Pub. L. 107–110.
Another prior section 2002, Pub. L. 95–561, title XI,
§ 1122, Nov. 1, 1978, 92 Stat. 2318; Pub. L. 96–46, § 2(b)(5),
Aug. 6, 1979, 93 Stat. 341; Pub
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2004
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