25 U.S.C. § 2001 — Accreditation for the basic education of

Page 396 TITLE 25—INDIANS § 2001 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 ‘In- dian 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 au- thorized to enter into agreements with public and pri- vate 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 consider- ation (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 re- tained by the school and used for school purposes oth- erwise 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 re- ceipt 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 participa- tion in political activity (as such term is used in sec- tion 7324 of title 5, United States Code) otherwise pro- hibited 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-op- erated school lands and facilities by third parties under a rental or lease agreement; ‘‘(2) provisions for the establishment and adminis- tration of mechanisms for the acceptance of consider- ation 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 con- duct; 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: ‘‘(a) AUTHORIZATION.— ‘‘(1) IN GENERAL.—The Secretary of the Interior, acting through the Bureau of Indian Affairs, is au- thorized 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 per- formance 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 pro- gram tailored to the particular needs of Indian stu- dents; ‘‘(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. Haw- kins-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 Af- fairs during the 1995–1996 school year. ‘‘(c) SERVICES.—The demonstration schools shall pro- vide 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 provi- sion 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 [now Committee on Education and the Workforce] of the House of Rep- resentatives 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 In- dian students being served by a school funded by the Bureau of Indian Affairs are provided Page 397 TITLE 25—INDIANS § 2001 1 See References in Text note below. 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 declara- tions on education in their communities and for their schools. In adopting such declara- tions of purpose, the school boards shall con- sider 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 accred- ited— (i) by a tribal accrediting body, if the ac- creditation standards of the tribal accred- iting 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 lo- cated in more than one State, in accord- ance with the State accreditation stand- ards 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 consulta- tion with Indian tribes, Indian education or- ganizations, and accrediting agencies, de- velop and submit to the appropriate commit- tees of Congress a report on the desirability and feasibility of establishing a tribal ac- creditation agency that would— (i) review and acknowledge the accredi- tation standards for Bureau-funded schools; and (ii) establish accreditation procedures to facilitate the application, review of the standards and review processes, and rec- ognition of qualified and credible tribal de- partments of education as accrediting bod- ies serving tribal schools. (2) Determination of accreditation to be ap- plied The accreditation type applied for each school shall be determined by the tribal gov- erning body, or the school board, if authorized by the tribal governing body. (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 sub- section, if the school boards request that such assistance, in part or in whole, be pro- vided. (B) Entities through which assistance may be provided The Secretary may provide such assist- ance directly or through the Department of Education, an institution of higher edu- cation, a private not-for-profit organization or for-profit organization, an educational service agency, or another entity with dem- onstrated experience in assisting schools in obtaining accreditation. (4) Application of current standards during ac- creditation A Bureau-funded school that is seeking ac- creditation shall remain subject to the stand- ards 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 Work- force, 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, Edu- cation, 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 accredi- tation, as determined by the appropriate ac- creditation agency, and a description of any possible way in which to remedy such non- accreditation; 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 pro- vide such schools with accreditation, such funds if provided shall be applied to such unaccredited school under this paragraph. Page 398 TITLE 25—INDIANS § 2001 2 So in original. Probably should be ‘‘Regulations,’’. (6) Opportunity to review and present evi- dence (A) In general Prior to including a Bureau-funded school in an annual report required under para- graph (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 oppor- tunity 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 in- formation 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 informa- tion provided by the school board before making a final determination concerning the inclusion of the school in any such re- port. (C) Publication of accreditation status Not later than 30 days after making an ini- tial determination to include a school in an annual report under paragraph (5), the Sec- retary shall make public the final deter- mination 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 re- port under paragraph (5), the school shall de- velop a school plan, in consultation with in- terested parties including parents, school staff, the school board, and other outside ex- perts (if appropriate), that shall be sub- mitted 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 can- didate for accreditation; (ii) incorporate policies and practices concerning the school that have the great- est 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 ac- creditation; (iv) specify how the funds described in clause (iii) will be used to obtain accredi- tation; (v) establish specific annual, objective goals for measuring continuous and sig- nificant progress made by the school in a manner that will ensure the accreditation of the school within the 3-year period de- scribed in clause (ii); (vi) identify how the school will provide written notification about the lack of ac- creditation 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 pro- vided 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 as- sist with the review of the plan; and (ii) promptly review the school plan, work with the school as necessary, and ap- prove 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 ac- creditation; and (II) any underlying staffing, cur- riculum, 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 ac- credited. (B) Waiver The Secretary shall grant a waiver which shall exempt a school from any or all of the requirements of this paragraph and para- graph (7) (though such school shall be re- quired to comply with the standards con- tained 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 re- sources; (II) the poor condition of facilities, ve- hicles, or other property; and (III) a natural disaster. Page 399 TITLE 25—INDIANS § 2001 (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 de- termined 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 fol- lowing 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 ac- tion 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 chil- dren enrolled in a school that is eligible for a corrective action determination by the Secretary under clause (ii) of the op- tion to transfer their child to another pub- lic 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 gov- erning body. (D) Failure of school plan of Bureau-oper- ated 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 ac- tions: (i) Institute and fully implement actions suggested by the accrediting agency. (ii) Consult with the tribe involved to de- termine the causes for the lack of accredi- tation including potential staffing and ad- ministrative changes that are or may be necessary. (iii) Set aside a certain amount of funds that may only be used by the school to ob- tain accreditation. (iv)(I) Provide the tribe with a 60-day pe- riod 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 ap- proval by the Secretary in accordance with paragraph (7), to achieve accredita- tion. (II) If the tribe declines to assume con- trol of the school, the Secretary, in con- sultation with the tribe, may contract with an outside entity, consistent with ap- plicable law, or appoint a receiver or trust- ee 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 para- graph (7), for approval by the Secretary in accordance with paragraph (7). (III) Upon accreditation of the school, the Secretary shall allow the tribe to con- tinue 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 oper- ation of the school as a contract school, in accordance with the Indian Self-Deter- mination 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 trust- ee 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 fol- lowing the date that the school’s plan was first in effect under paragraph (7), the Sec- retary may take one or more of the correc- tive actions described in subparagraph (D)(i) and (D)(ii). The Secretary shall im- plement 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 conjunc- tion with the tribal governing body, may contract with an outside entity to operate the school in order to achieve accredita- tion 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 min- imum, the following elements: (I) The identification of one or more outside entities each of which has dem- onstrated 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. Page 400 TITLE 25—INDIANS § 2001 (iii) Proposal amendments The tribal governing body shall have 60 days to amend the plan developed pursuant to clause (ii), including identifying an- other 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 pre- ceding sentence. After the approval of the proposal and any amendments, the Sec- retary, with continuing consultation with such tribal governing body, shall imple- ment 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 Con- trolled 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 sec- tion 105(e) of the Indian Self-Determina- tion 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 pro- visions 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 Sec- retary under any other law. (F) Hearing With respect to a school that is operated pursuant to a grant, or a school that is oper- ated under a contract under the Indian Self- Determination 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 reg- ulations or court orders) or under the terms of any collective bargaining agreement, memo- randum of understanding, or other agreement between such employees and their employers. (10) Fiscal control and fund accounting stand- ards The Bureau shall, either directly or through contract with an Indian organization, estab- 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 ef- fect under this section 1 on the day before Jan- uary 8, 2002. (2) Plan On an annual basis, the Secretary shall sub- mit to the appropriate committees of Con- gress, all Bureau-funded schools, and the trib- al 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 sta- tus of each school’s educational program in re- lation to the applicable standards, specific cost estimates for meeting such standards at each school, and specific timelines for bring- ing 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 an- other 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 gov- erning 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 sub- stantial curtailment; or (B) if a temporary closure, consolidation, or substantial curtailment is required by fa- cility conditions that constitute an imme- diate hazard to health and safety. (3) Regulations The Secretary shall, by regulation, promul- gate 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 an- other authority, consolidation, or substan- Page 401 TITLE 25—INDIANS § 2001 tial curtailment of a school is under active consideration or review by any division of the Bureau or the Department of the Inte- rior, 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 af- fected tribe, tribal governing body, and des- ignated 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 appro- priate committees of Congress; and (ii) published in the Federal Register. (5) Report The Secretary shall submit to the appro- priate committees of Congress, the affected tribe, and the designated school board, a re- port describing the process of the active con- sideration 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 alter- native services are available to such stu- dents; and (D) a description of the consultation con- ducted between the potential service pro- vider, current service provider, parents, trib- al representatives and the tribe or tribes in- volved, and the Director of the Office of In- dian Education Programs within the Bureau regarding such students. (6) Limitation on certain actions No irrevocable action may be taken in fur- therance of any such proposed school closure, transfer to another authority, consolidation, or substantial curtailment (including any ac- tion 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 au- thority, 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 af- fected by such an action. (e) Application for contracts or grants for non- Bureau-funded schools or expansion of Bu- reau-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 Bureau- funded school; or (bb) the expansion of a Bureau-fund- ed 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 prox- imity 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 con- sider 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 fa- cilities. (ii) Geographic and demographic factors in the affected areas. (iii) The adequacy of the applicant’s pro- gram 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 par- ties, including students, families, tribal governments at both the central and local levels, and school organizations. (vi) Adequacy and comparability of pro- grams already available. (vii) Consistency of available programs with tribal educational codes or tribal leg- islation on education. (viii) The history and success of those services for the proposed population to be served, as determined from all factors, in- cluding standardized examination perform- ance. (2) Determination on application (A) In general Not later than 180 days after the date on which an application described in paragraph Page 402 TITLE 25—INDIANS § 2001 (1)(A) is submitted to the Secretary, the Sec- retary shall make a determination of wheth- er to approve the application. (B) Failure to make determination If the Secretary fails to make a determina- tion with respect to an application by the date described in subparagraph (A), the ap- plication shall be deemed to have been ap- proved by the Secretary. (3) Requirements for applications (A) In general Notwithstanding paragraph (2)(B), an ap- plication 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 applica- tion; 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 de- scribed 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 sub- mitted 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 Edu- cation 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 oppor- tunity 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 para- graph, an action that is the subject of any application described in paragraph (1)(A) that is approved by the Secretary shall be- come effective— (i) at the beginning of the academic year following the fiscal year in which the ap- plication 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 sub- mitted to the Secretary; or (ii) at an earlier date determined by the Secretary. (6) Statutory construction Nothing in this section or any other provi- sion 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 Sec- retary is authorized to provide the necessary funds needed to supplement the cost of oper- ations 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 Edu- cation or any other Federal agency for the pur- pose of providing education or related services, and other funds received for such education and related services from nonfederally funded pro- grams, 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 pro- gram from the Department of Education or any other Federal agency, for the purpose of pro- viding education or related services may be used for schoolwide projects to improve the edu- cational 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 op- erated by Bureau-funded schools, taking into account unique circumstances applicable to Bureau-funded schools. The study shall ana- lyze existing information gathered and con- tained in germane studies that have been con- ducted 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 nec- essary 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.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (b)(4) and the sec- ond 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 Page 403 TITLE 25—INDIANS § 2002 Short Title note set out under section 5301 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, which is classified generally to chapter 27 (§ 2501 et seq.) of this title. Sections 5204 and 5207 of the Act were clas- sified 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, re- lating to subject matter similar to that of former sec- tions 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 Assist- ance 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; re- numbered 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 edu- cation 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 con- tract 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 sub- stantially 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.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. 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. § 2002. National criteria for home-living situa- tions (a) Revision of standards (1) In general The Secretary, in consultation with the Sec- retary of Education, Indian organizations and tribes, and Bureau-funded schools, shall revise the national standards for home-living (dor- mitory) situations to include such factors as heating, lighting, cooling, adult-child ratios, needs for counselors (including special needs related to off-reservation home-living (dor- mitory) situations), therapeutic programs, space, and privacy. (2) Implementation Such standards shall be implemented in Bu- reau-operated schools, and shall serve as min- imum 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 imme- diately upon completion of the standards. (c) Plan (1) In general The Secretary shall submit to the appro- priate committees of Congress, the tribes, and the affected schools, and publish in the Fed- eral Register, a detailed plan to bring all Bu- reau-funded schools that provide home-living (dormitory) situations up to the standards es- tablished under this section. (2) Components of plan The plan described in paragraph (1) shall in- clude— (A) a statement of the relative needs of each Bureau-funded home-living (dormitory) school; (B) projected future needs of each Bureau- funded home-living (dormitory) school; (C) detailed information on the status of each school in relation to the standards es- tablished 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 sub- section, waive the standards established under this section for a school described in sub- section (a). (2) Inappropriate standards (A) In general A tribal governing body, or the local school board so designated by the tribal gov-