25 U.S.C. § 2004 — School boundaries

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. L. 96–88, title III, § 301(a)(1), title V, § 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 100–297, title V, § 5105, Apr. 28, 1988, 102 Stat. 367, related to national criteria for dormitory situations, prior to the general amendment of this chapter by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2003. Codification of regulations (a) Part 32 of Title 25, Code of Federal Regula- tions The provisions of part 32 of title 25, Code of Federal Regulations, as in effect on January 1, 1987, are incorporated into this Act and shall be treated as though such provisions are set forth in this subsection. Such provisions may be al- tered only by means of an Act of Congress. To the extent that such provisions of part 32 do not conform with this Act or any statutory provi- sion of law enacted before November 1, 1978, the provisions of this Act and the provisions of such other statutory law shall govern. (b) Definition of regulation In this section, the term ‘‘regulation’’ means any rule, regulation, guideline, interpretation, order, or requirement of general applicability prescribed by any officer or employee of the ex- ecutive branch. (Pub. L. 95–561, title XI, § 1123, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), means Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143, known as the Edu- cation Amendments of 1978. For complete classification of this Act to the Code, see Short Title of 1978 Amend- ment note set out under section 6301 of Title 20, Edu- cation, and Tables. PRIOR PROVISIONS A prior section 2003, Pub. L. 95–561, title XI, § 1123, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3985, related to the incorporation of regulations into, or the application of regulations to, Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 107–110. Another prior section 2003, Pub. L. 95–561, title XI, § 1123, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 100–297, title V, § 5106, Apr. 28, 1988, 102 Stat. 367, related to the incorpo- ration of regulations into, or the application of regula- tions to, Pub. L. 95–561, prior to the general amendment of this chapter by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2004. School boundaries (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 Bu- reau-funded school located on an Indian reserva- tion, at the direction of the tribal governing body, the relevant school boards of the Bureau- funded schools on the reservation may, by mu- tual 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 Sec- retary. (c) Boundary revisions (1) Notice On or after July 1, 2001, no geographical at- tendance area shall be revised or established with respect to any Bureau-funded school un- less 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 inten- tion 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 re- vision of existing attendance area boundaries. Page 405 TITLE 25—INDIANS § 2005 The Secretary shall accept such proposed al- ternative or revised boundaries unless the Sec- retary finds, after consultation with the af- fected tribe or tribes, that such revised bound- aries do not reflect the needs of the Indian students to be served or do not provide ade- quate 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 pro- vide 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 pro- gram located on an Indian reservation— (1) the attendance area for the program shall be the boundaries (established by treaty, agreement, legislation, court decisions, or ex- ecutive decisions and as accepted by the tribe) of the reservation served; and (2) those students residing near the reserva- tion shall also receive services from such pro- gram. (f) Off-reservation home-living (dormitory) schools (1) In general Notwithstanding any geographical attend- ance 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 be- tween education line officers, the family, and the referring and receiving programs. (Pub. L. 95–561, title XI, § 1124, as added Pub. L. 107–110, title X, § 1042, Jan. 8, 2002, 115 Stat. 2019.) Editorial Notes PRIOR PROVISIONS A prior section 2004, Pub. L. 95–561, title XI, § 1124, as added Pub. L. 103–382, title III, § 381, Oct. 20, 1994, 108 Stat. 3986, related to school boundaries, prior to the general amendment of this chapter by Pub. L. 107–110. Another prior section 2004, Pub. L. 95–561, title XI, § 1124, Nov. 1, 1978, 92 Stat. 2319; Pub. L. 98–511, title V, § 503, Oct. 19, 1984, 98 Stat. 2393; Pub. L. 99–89, § 3, Aug. 15, 1985, 99 Stat. 380; Pub. L. 100–297, title V, § 5120, Apr. 28, 1988, 102 Stat. 384, related to school boundaries, prior to the general amendment of this chapter by Pub. L. 103–382. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive pro- grams, see section 5 of Pub. L. 107–110, set out as a note under section 6301 of Title 20, Education. § 2005. Facilities construction (a) National survey of facilities conditions (1) In general Not later than 12 months after January 8, 2002, the Government Accountability Office shall compile, collect, and secure the data that are needed to prepare a national survey of the physical conditions of all Bureau-funded school facilities. (2) Data and methodologies In preparing the national survey required under paragraph (1), the Government Account- ability Office shall use the following data and methodologies: (A) The existing Department of Defense formula for determining the condition and adequacy of Department of Defense facili- ties. (B) Data related to conditions of Bureau- funded schools that has previously been compiled, collected, or secured from what- ever source derived so long as the data are accurate, relevant, timely, and necessary to the survey. (C) The methodologies of the American In- stitute of Architects, or other accredited and reputable architecture or engineering associations. (3) Consultations (A) In general In carrying out the survey required under paragraph (1), the Government Account- ability Office shall, to the maximum extent practicable, consult (and if necessary con- tract) with national, regional, and tribal In- dian education organizations to ensure that a complete and accurate national survey is achieved. (B) Requests for information All Bureau-funded schools shall comply with reasonable requests for information by the Government Accountability Office and shall respond to such requests in a timely fashion. (4) Submission Not later than 2 years after January 8, 2002, the Government Accountability Office shall submit the results of the national survey con- ducted under paragraph (1) to the Committee on Indian Affairs, the Committee on Health, Education, Labor, and Pensions, and the Com- mittee on Appropriations of the Senate and the Committee on Resources, the Committee on Education and the Workforce, and the Com-